Statute Law (Miscellaneous Provisions) Act (No 2) 1999 (NSW)
An Act to repeal certain Acts and to amend certain other Acts in various respects and for the purpose of effecting statute law revision; and to make certain savings.
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 1999.
This Act commences on the date of assent, except as provided by subsection (2).
The amendments made by Schedules 1 and 2 commence on the day or days specified in those Schedules in relation to the amendments concerned. If a commencement day is not specified, the amendments commence on the date of assent.
Each Act specified in Schedules 1–3 is amended as set out in those Schedules.
Each Act specified in Schedule 4 is, to the extent indicated in that Schedule, repealed.
Schedule 5 has effect.
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
(Section 3)
Associations Incorporation Act 1984 No 143Insert “, to duty under the Duties Act 1997” after “duty” in clause 10.
Insert at the end of the clause:
A dutiable transaction within the meaning of the Duties Act 1997 that is not in writing and that occurs only for:
(a) a purpose ancillary to, or consequential on, the operation of this Schedule, or
(b) the purpose of giving effect to this Schedule,
is not liable to duty under the Duties Act 1997.
Clause 10 of Schedule 2 to the Associations Incorporation Act 1984 exempts an association incorporated under the Act from liability for any stamp duty or to any fee or charge payable under any Act for registration of a document or instrument brought into existence for the purposes of the incorporation of the association under the Act. Item [1] of the proposed amendments extends the exemption to duty under the Duties Act 1997.
Under the Duties Act 1997, a transaction for which a liability for duty arises can occur without a document or instrument being brought into existence to effect the transaction. Item [2] of the proposed amendments makes it clear that the exemption from liability to pay duty under the Duties Act 1997 extends to dutiable transactions that are not in writing.
Banana Industry Act 1987 No 66Insert after clause 14 (4):
Despite clause 1 (2) of Schedule 1 and subclause (2) of this clause but subject to the other provisions of this Act, the regional member who assumed office on 30 July 1997 to represent the Nambucca Region holds that office until the end of 29 September 2000.
In 1996, the Banana Industry Act 1987 was amended to provide for the election of members to the Banana Industry Committee to represent a number of industry regions determined by the Minister administering the Act. Six regions were established and elections accordingly held for each region.
The election for the regional member for the Nambucca Region was uncontested with the result that the only candidate assumed office on 30 July 1997, earlier than the other regional members who assumed office on 30 September 1997 after ballots were held. The Minister determined the terms of office for the initial regional members so as to provide for two members to come up for election each year. The terms of office of the regional member for the Nambucca Region and one other regional member expire 3 years from the date of their election.
The proposed amendment extends the term of office of the regional member for the Nambucca Region from the end of 29 July 2000 to the end of 29 September 2000 to bring it into line with the expiration of the term of office of the other regional member due to vacate office next year.
Board of Adult and Community Education Act 1990 No 119Omit “9” from section 5 (1) (a). Insert instead “10”.
Omit the paragraph.
Omit “Department of Further Education, Training and Employment”.
Insert instead “Department of Education and Training”.
Omit “section 5 (1) (c)–(e)” from the definition of
Insert instead “section 5 (1) (d) or (e)”.
Item [1] of the proposed amendments increases (from 9 to 10) the number of community members on the Board of Adult and Community Education constituted under the Board of Adult and Community Education Act 1990.
Item [2] of the proposed amendments omits a provision so as to change the number of representatives of the Department of Education and Training on the Board from 2 to 1. The representative of the Department will be the Director-General of that Department. No change is made to section 5 (1) (b) which provides for a member to be appointed on the nomination of the TAFE Commission Board.
Item [3] of the proposed amendments updates a reference to a Department.
Item [4] of the proposed amendments makes a consequential amendment.
Board of Vocational Education and Training Act 1994 No 33Omit “section 5 (2) (d)” from the definition of
Insert instead “section 5 (2) (b)”.
Omit section 5 (2) (a)–(d). Insert instead:
one is to be the Director-General of the Department of Education and Training, and
8 are to be persons appointed by the Minister.
Item [2] of the proposed amendments alters the constitution of the Board of Vocational Education and Training constituted under the Board of Vocational Education and Training Act 1994 by providing that the 9 part-time members of the Board are to be the Director-General of the Department of Education and Training and 8 persons appointed by the Minister administering the Act. (Currently, the Board consists of 6 persons appointed by the Minister, the Managing Director of the TAFE Commission and (by operation of the Public Sector Management (Department of Education and Training) Order (No 2) 1997) 2 office holders in the Department of Education and Training.)
Item [1] of the proposed amendments makes a consequential amendment.
Charitable Trusts Act 1993 No 10Insert after section 6 (2):
Any such authority or leave may also be given after charitable trust proceedings have been brought so as to enable the continuation of those proceedings.
Section 6 (1) of the Charitable Trusts Act 1993 provides that proceedings involving the administration of a charitable trust must not be commenced unless they have been authorised by the Attorney General or the Supreme Court has given leave.
The proposed amendment provides that proceedings brought without that authority or leave may be continued once the necessary authority of the Attorney General or the leave of the Supreme Court is obtained.
Children (Detention Centres) Act 1987 No 57Omit “superintendent” wherever occurring.
Insert instead “centre manager”.
Insert in alphabetical order in section 3 (1):
Omit “Department of Youth and Community Services”.
Insert instead “Department of Juvenile Justice”.
Omit the definition.
Item [2] of the proposed amendments inserts a definition of
Items [1] and [4] of the proposed amendments make consequential amendments.
Item [3] of the proposed amendments updates a reference to a Department.
Children (Interstate Transfer of Offenders) Act 1988 No 85Insert in alphabetical order:
Omit “of Family and Community Services”.
Omit “of Family and Community Services” wherever occurring.
Omit “superintendent” wherever occurring.
Insert instead “centre manager”.
Item [1] of the proposed amendments inserts a definition of
Items [2] and [3] of the proposed amendments make consequential amendments.
Item [4] of the proposed amendments changes references in the Act to the person in charge of a detention centre from “superintendent” to “centre manager”. This amendment is consequential on amendments to the Children (Detention Centres) Act 1987 made elsewhere in this Schedule.
Criminal Assets Recovery Act 1990 No 23Insert “victims support programs,” after “law enforcement,” in section 32 (3) (d).
The proposed amendment enables money in the Confiscated Proceeds Account established under the Criminal Assets Recovery Act 1990 to be applied towards victims support programs at the direction of the Treasurer in consultation with the Minister administering the Act. The Act provides for such money to be applied to (among other things) programs such as crime prevention programs and drug rehabilitation programs.
Crown Lands Act 1989 No 6Omit “depasture” from section 155 (1) (c).
Insert instead “graze”.
The proposed amendment replaces the word “depasture” with the more commonly used word “graze”.
Dams Safety Act 1978 No 96Omit “Sydney Water Corporation referred to in the Water Board (Corporatisation) Act 1994” from section 8 (2) (b).
Insert instead “Sydney Catchment Authority constituted under the Sydney Water Catchment Management Act 1998”.
Section 8 of the Dams Safety Act 1978 provides for the membership of the Dams Safety Committee constituted under the Act. One of the 8 part-time members of the Committee is nominated by the Sydney Water Corporation.
The Sydney Catchment Authority was constituted by the Sydney Water Catchment Management Act 1998 and, on 2 July 1999, ownership of a number of dams listed in Schedule 1 to the Dams Safety Act 1978 and owned by the Sydney Water Corporation was transferred to the Sydney Catchment Authority by order of the Governor made under clause 2 of Schedule 3 to the Sydney Water Catchment Management Act 1998.
The proposed amendment reflects the change of ownership of those dams by providing for the member of the Dams Safety Committee currently nominated by the Sydney Water Corporation to be nominated by the Sydney Catchment Authority.
Electricity Supply Act 1995 No 94Insert in alphabetical order:
Omit the definition.
Omit “maximum” from section 43B (1).
Omit “IPART”.
Omit section 43B (2). Insert instead:
An electricity network pricing determination increased in accordance with this section has effect under the National Electricity Code as if the determination included the increase.
An electricity network pricing determination that includes an amount determined by an order made as referred to in subsection (1) is not to be further increased in accordance with this section.
Insert after section 43E (6):
This Division does not apply to transmission services within the meaning of the National Electricity Code that are regulated under Chapters 6 and 9 of that Code.
Omit the definitions of
Omit “Code for the provision of electricity transmission network services”.
Insert instead “National Electricity Code for the provision of electricity network services”.
Omit “electricity transmission network services” from section 43N (1).
Insert instead “electricity network services”.
Insert “National Electricity” before “Code”.
Insert after section 43P (4):
This Division does not apply to distribution services within the meaning of the National Electricity Code that are regulated under Chapters 6 and 9 of that Code.
Omit “IPART electricity network pricing determinations are to be made under the Independent Pricing and Regulatory Tribunal Act 1992”.
Insert instead “An electricity network pricing determination referred to in Division 4 of Part 4 or Division 2 of Part 4A is to be made under the National Electricity Code”.
Insert after section 106 (1) (g1):
the development and implementation by network operators of plans designed to ensure that their transmission or distribution systems are adequate for the demand placed on them and that the supply of electricity by those systems is of an appropriate quality and level of reliability,
Omit “at the end of the period of 3 years after the conditions are imposed” from clause 6 (8).
Insert instead “as soon as practicable after each occasion on which a report referred to in subclause (7) is tabled in the Legislative Assembly”.
Insert after clause 8 (3):
Nothing in this clause prevents a licence from being cancelled at the request of its holder.
Insert at the end of the clause:
This clause does not apply to action taken at the request of the holder of the licence.
Omit “Energy South”, “Far West Energy”, “MetNorth Energy”, “MetSouth Energy”, “MidState Energy” and “NorthPower Energy”.
Insert instead “Great Southern Energy”, “Australian Inland Energy”, “EnergyAustralia”, “Integral Energy Australia”, “Advance Energy” and “NorthPower” respectively.
Insert after Part 2:
The amendments made to Schedule 2 to this Act by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999 extend to a licence in force immediately before the commencement of those amendments.
Omit the definition of
Insert in alphabetical order:
The Electricity Supply Amendment Act 1999 amended the Electricity Supply Act 1995 to provide for the price for the provision of electricity network services by a transmission operator to be determined by the Australian Competition and Consumer Commission under the National Electricity Code rather than by the Independent Pricing and Regulatory Tribunal under the Independent Pricing and Regulatory Tribunal Act 1992.
Items [1]–[6], [12], [19] and [20] of the proposed amendments amend the Electricity Supply Act 1995 in anticipation of arrangements that are proposed to come into effect on 1 February 2000 under which the price for the provision of electricity network services by a licensed electricity distributor will be determined by the Independent Pricing and Regulatory Tribunal under the National Electricity Code rather than under the Independent Pricing and Regulatory Tribunal Act 1992 as is currently the case.
Items [7]–[11] of the proposed amendments make consequential amendments.
Section 106 (1) (g1) of the Electricity Supply Act 1995 enables regulations to be made requiring network operators to develop and implement plans designed to ensure the safe operation of their transmission or distribution systems. Item [13] of the proposed amendments enables regulations to be made requiring network operators to develop and implement plans to ensure that their transmission or distribution systems are adequate for the demand placed on them and that the supply of electricity by those systems is of an appropriate quality and level of reliability.
Item [14] of the proposed amendments requires the Minister for Energy to review conditions imposed on holders of retail suppliers’ licences relating to the environmental performance of the holders, including the condition requiring the holder of such a licence to develop strategies relating to the reduction of greenhouse gas emissions, as soon as practicable after each occasion on which the report on each audit required to be prepared by the Environment Protection Authority on the effectiveness of such strategies is tabled in the Legislative Assembly. (Currently the Act requires the review to be conducted 3 years after the conditions are imposed.)
Item [15] of the proposed amendments enables a licence to be cancelled at the request of its holder. Item [16] of the proposed amendments makes a consequential amendment.
Item [18] of the proposed amendments contains a provision of a transitional nature consequent on items [14]–[16].
Item [17] of the proposed amendments updates the names of certain electricity distributors.
Fair Trading Tribunal Act 1998 No 161Omit the definition of
Omit “its closure date” wherever occurring. Insert instead “1 March 1999”.
Insert after clause 4:
The Tribunal has the jurisdiction that the Commercial Tribunal constituted under the Commercial Tribunal Act 1984 had pursuant to clause 37 of Schedule 4 to the Home Building Act 1989 immediately before 1 March 1999 in respect of decisions made (before or after that date) in relation to claims under BSC insurance within the meaning of that clause.
This clause is subject to clauses 5 and 5A.
The exercise, or purported exercise, on or after 1 March 1999 and before the commencement of this clause, by the Tribunal of the jurisdiction conferred by this clause is validated and taken, at the time it was exercised, or purported to be exercised, and at all times thereafter, to have been validly exercised.
Omit “the closure date”. Insert instead “1 March 1999”.
The Fair Trading Tribunal Act 1998 commenced on 1 March 1999. It abolished a number of bodies, including the Commercial Tribunal, and conferred jurisdiction in respect of most of the matters formerly dealt with by those bodies on the Fair Trading Tribunal. However, savings provisions relating to the Commercial Tribunal enabled that Tribunal to continue to hear some matters.
Item [3] of the proposed amendments clarifies the position concerning the jurisdiction of the Fair Trading Tribunal to hear appeals by claimants against decisions concerning two insurance schemes previously administered under the Home Building Act 1989. These were the BSC Comprehensive Insurance Scheme and the BSC Special Insurance Scheme. Before the constitution of the Fair Trading Tribunal, all appeals concerning these schemes were heard by the Commercial Tribunal. The Fair Trading Tribunal has been hearing appeals made since 1 March 1999. Appeals made before that date are to continue to be heard by the Commercial Tribunal until a final cut-off date of 1 November 1999. Item [3] confirms the jurisdiction of the Fair Trading Tribunal and validates the exercise of its jurisdiction since 1 March 1999.
Items [1], [2] and [4] of the proposed amendments make consequential amendments.
Fines Act 1996 No 99Insert in alphabetical order:
Sydney Harbour Foreshore Authority Act 1998, section 43A
The proposed amendment provides for the enforcement of penalty notices issued under the Sydney Harbour Foreshore Authority Act 1998 and is consequential on the amendment made to that Act set out elsewhere in this Schedule providing for the issue of penalty notices.
Fisheries Management Act 1994 No 38Insert “published in the Gazette” after “order” wherever occurring in section 220D (1) and (2).
Insert after clause 23:
An order made under section 220D before the commencement of the amendment made to that section by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999 is taken to have been made under the section as so amended.
Item [1] of the proposed amendments makes it clear that an order of the Minister administering the Act to amend Schedules 4, 5 or 6 to the Act (which contain lists of endangered species, populations and ecological communities, vulnerable species and key threatening processes) is to be published in the Gazette.
Item [2] of the proposed amendments contains a provision of a savings nature consequent on item [1].
Guardianship Act 1987 No 257Insert “if the relationship between the person and the spouse is close and continuing,” at the end of section 3F (2) (c), (3) (c), (4) (d), 5 (c) and (7) (c).
Insert “if the relationship between the person and the spouse is close and continuing,” before “and” in section 14 (2) (a) (ii).
Insert after section 51A (1) (b) (ii):
the making of orders requiring and securing separate representation for a person in proceedings before it relating to the person,
Insert after Part 2:
The amendment made to section 51A by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999 extends to proceedings commenced, but not determined by the Tribunal, before the commencement of the amendment.
Section 3F of the Guardianship Act 1987 provides that the spouse of a person who is the subject of an application to the Tribunal is a party to proceedings in relation to the application. Item [1] of the proposed amendments provides that the spouse of such a person is a party to the proceedings only if the relationship between the spouse and the person is a close and continuing one.
The proposed amendment makes section 3F consistent with section 33A of the Act which provides that one of the persons who is authorised to give consent to the medical or dental treatment of an adult person who lacks the capacity to consent to their own medical and dental treatment is the spouse of the person if the relationship between the spouse and the person is a close and continuing one.
Section 14 of the Act requires the Guardianship Tribunal to take into account the views of the spouse of a person who is the subject of an application for a guardianship order. Item [2] of the proposed amendments will require the views of the spouse of the person to be taken into account only if the relationship between the spouse and the person concerned is a close and continuing one.
Section 51A of the Guardianship Act 1987 allows the Guardianship Tribunal to be constituted by fewer than 3 Tribunal members when dealing with certain matters, including procedural matters, such as, the granting of leave to appear in a proceeding before the Tribunal. Item [3] of the proposed amendments allows the Tribunal to be so constituted when appointing separate representation for a person in proceedings before the Tribunal.
Item [4] of the proposed amendments contains a provision of a transitional nature consequent on item [3].
Interpretation Act 1987 No 15Insert in alphabetical order in section 21 (1):
Insert after section 69A:
In any other Act or instrument, a reference to the Standards Association of Australia is a reference to Standards Australia (as defined in section 21).
Insert after section 80:
If an Act:
(a) provides that an offence under the Act may be dealt with summarily by a Local Court or, in the alternative, by another court, and
(b) imposes a limit by reference solely to an amount of money (however expressed) on the penalty that a Local Court may impose when dealing with such an offence,
that limit, unless otherwise expressly provided by the Act, does not affect any non-monetary penalty that may be imposed by a Local Court for the offence.
The Standards Association of Australia was established as a corporate body by royal charter. On 1 July 1999, the body was registered as a company limited by guarantee under Part 5B.1 of the Corporations Law. Section 601BM (1) of the Corporations Law provides that registration under that Part does not create a new legal entity or affect the body’s existing property, rights or obligations.
Items [1] and [2] of the proposed amendments insert a definition of
Item [3] of the proposed amendments makes it clear that, if an Act provides that an offence under the Act may be dealt with summarily by a Local Court, or in the alternative, by another court and the Act imposes a limit on the penalty that a Local Court may impose when dealing with such an offence by reference solely to an amount of money, that limit does not affect any other non-monetary penalty that the Local Court may impose for the offence (for example, any sentence of imprisonment or alternative sentence, such as a community service order, applicable to the offence).
Liquor Act 1982 No 147Omit the definition of
Insert instead:
(a) an incorporated or unincorporated body or association of persons (including a registered or unregistered club) that, by its constitution or any law that governs its activities:
(i) is required to apply its profits (if any) and other income to the promotion of its objects or to purposes provided for by any such law, and
(ii) is prohibited from paying dividends, or distributing profits or income, to its shareholders or members, or
(b) a local council, or
(c) the Darling Harbour Authority, or
(d) the Sydney Harbour Foreshore Authority, or
(e) any public authority declared by order of the Minister, published in the Gazette, to be a non-proprietary association for the purposes of this definition.
Insert after section 4 (7):
In this Act, a reference to the secretary of a non-proprietary association is a reference:
(a) in the case of a local council—to the general manager of the local council, or
(b) in the case of a body referred to in paragraph (c), (d) or (e) of the definition of
non-proprietary association —to the chief executive officer (however described) of the body.
Currently, section 18 (5A) of the Liquor Act 1982 enables persons to hold on-licences authorising them to sell liquor at functions on behalf of non-proprietary associations or in respect of trade fairs.
Item [1] of the proposed amendments amends the definition of
Item [2] of the proposed amendments makes a consequential amendment.
Macquarie University Act 1989 No 126Insert “the following” after “comprise” in section 9 (5).
Omit “a student”. Insert instead “an undergraduate student”.
Insert “the undergraduate” before “students”.
Omit “and”.
Insert after section 9 (5) (c):
one person:
(i) who is a postgraduate student of the University but who is not a member of the academic or non-academic staff of the University, and
(ii) who has such qualifications as may be prescribed by the by-laws, and
(iii) who is elected by the postgraduate students of the University in the manner prescribed by the by-laws,
Insert “or (c1) (ii)” after “(c) (ii)”.
Omit “or (c)” from clause 1 (d). Insert instead “, (c) or (c1)”.
Insert after clause 8:
If, on the commencement of the amendments to section 9 made by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999, the membership of the Council fails to comply with section 9 (5) as so amended, there is for the purposes of clause 3 (1) of Schedule 1 to this Act taken to be a vacancy in the office of the member in respect of which the failure exists.
Items [1]–[7] of the proposed amendments alter the composition of the Council of Macquarie University by increasing the number of student members from 1 to 2 and by providing that, of the 2 student members, one is to be an undergraduate elected by the undergraduate students and the other a postgraduate elected by the postgraduate students.
Item [8] contains a provision of a transitional nature consequent on items [1]–[7].
Meat Industry Act 1978 No 54Insert after section 4 (2):
In sections 28, 41, 41A, 42 and 74, a reference to a meat safety officer is to be read as a reference to:
(a) in the case of game meat for human consumption or processed meat made from game meat or that has game meat as an ingredient—a person approved in writing by the Authority to inspect game animals for human consumption, or
(b) in the case of game meat for use as animal food or processed animal food made from game meat or that has game meat as an ingredient—a person approved in writing by the Authority to inspect game animals for animal consumption.
Omit “meat inspector” from section 41 (1A).
Insert instead “meat safety officer”.
Omit “meat inspector and passed by the inspector” from section 41A (2).
Insert instead “meat safety officer and passed”.
Omit “a licensing” from section 74 (1) (b) (i).
Insert instead “an”.
Omit “such”.
The Meat Industry Amendment Act 1998 amended the Meat Industry Act 1978 relating to inspection and processing of meat. Those amendments removed the distinction between meat inspectors and licensing inspectors so that both those positions are called inspectors. The amendments also transferred the routine inspection of meat from inspectors to meat safety officers appointed for abattoirs and, in the case of game meat, persons approved by the New South Wales Meat Industry Authority to inspect the game meat. However, certain references appear in the Meat Industry Act 1978 to licensing inspectors and to the inspection of game meat by meat safety officers.
Items [1]–[3] of the proposed amendments replace references to meat inspectors with references to meat safety officers and ensure that those references are read, in the case of game meat, as references to persons approved by the New South Wales Meat Industry Authority to inspect game meat.
Items [4] and [5] of the proposed amendments change a reference to a licensing inspector so that it will now refer to an inspector.
National Parks and Wildlife Act 1974 No 80Insert “and the skin or any other part thereof” after “thereof” in the definition of
Omit “member of the police force” from section 16 (1).
Insert instead “police officer”.
Omit the section.
Insert after section 96 (4):
Without affecting subsections (2) and (4), an order under subsection (1) may be subject to such conditions and restrictions as may be specified in the order.
Omit “place of abode” wherever occurring.
Insert instead “residential address”.
Omit the definition of
Insert instead:
(a) a police officer, or
(b) an officer of the Service, or
(c) a person, or a person belonging to a class of persons, prescribed for the purposes of this section.
Insert “Division 2A (Orders) of Part 6 of the Environmental Planning and Assessment Act 1979 and” before “Chapter 7”.
Omit “does”. Insert instead “do”.
Insert “, a police officer” after “Director-General” where firstly occurring in section 164 (5).
Insert “, police officer” after “Director-General” where thirdly occurring.
Omit section 168 (2) (b). Insert instead:
proceedings for an offence (being an offence on or after a conviction for which an order could be made under subsection (1) in respect of the property):
(i) have not been commenced within 2 years after the seizure or delivering up of the property, or
(ii) have been dismissed by a court,
Insert “(whether or not it is the court dismissing the proceedings in the case of property relating to proceedings referred to in paragraph (b) (ii))” after “in relation to the property”.
Omit “subsection (2)”. Insert instead “subsection (2) (b) (i)”.
Omit “that subsection”. Insert instead “that subparagraph”.
Insert at the end of section 168 (4) (b):
, or
in the case of an application for an order under subsection (2) (b) (ii)—later than 1 month after the date on which the proceedings were dismissed.
Omit “member of the police force”. Insert instead “police officer”.
Omit “such a member”. Insert instead “a police officer”.
Omit “place of abode or business” from section 174 (b).
Insert instead “residential or business address”.
Omit “member of the police force” from section 179 (1).
Insert instead “police officer”.
Omit “
Item [1] of the proposed amendments amends the definition of
Item [4] of the proposed amendments makes it clear that an order under section 96 of the Act (declaring certain protected fauna to be locally protected fauna) may be subject to such conditions and restrictions as may be specified in the order.
Section 160 of the Act enables penalty notices (commonly referred to as “on-the-spot” fines) to be issued for certain offences under the Act by a “prescribed person” (defined in the Act as being a person, or a person belonging to a class of persons, prescribed by the regulations). Item [6] of the proposed amendments amends the definition of
Section 164 (5) of the Act enables the Director-General of National Parks and Wildlife or persons duly authorised by the Director-General to obtain search warrants from authorised justices for the purposes of investigating suspected offences against the Act or the regulations. Item [9] of the proposed amendments enables police officers to obtain search warrants from authorised justices without having to be individually authorised by the Director-General.
Item [10] of the proposed amendments makes a consequential amendment.
Section 168 of the Act deals with the circumstances in which a court may order that property seized or delivered up under the Act be disposed of by delivery of the property to a person specified in the court’s order. The circumstances include the case where legal proceedings for an offence in relation to the property have not been commenced within 2 years after the seizure or delivering up of the property. Item [11] of the proposed amendments enables a court to make such an order if proceedings for an offence against the Act or the regulations have been dismissed by a court.
Items [12]–[15] of the proposed amendments make consequential amendments.
Currently, the Act contains references to members of the police force. Section 21 of the Interpretation Act 1987 contains a definition of
Item [3] of the proposed amendments omits a provision that is no longer required because of the enactment of section 100A (Employer-sponsored transfers involving public authorities) of the Public Sector Management Act 1988.
Items [5] and [18] of the proposed amendments update references to “place of abode” with references to “residential address” and “place of abode or business” with a reference to “residential or business address” respectively for consistency with other provisions of the Act.
Item [7] of the proposed amendments updates a reference to certain provisions of an Act that have been transferred to another Act. Item [8] of the proposed amendments makes a consequential amendment.
Item [20] of the proposed amendments omits a subheading in a Schedule to the Act that is no longer required.
Police Integrity Commission Act 1996 No 28Omit “or disciplinary offence” from section 5 (2) (b).
Insert after section 5 (2) (b):
misconduct in respect of which the Commissioner of Police may take action under Part 9 of the Police Service Act 1990,
Omit “the period of three years” from section 14A (2).
Insert instead “a period of at least three years, and must be completed before the expiration of the period of four years,”.
Omit “end of the period of three years”.
Insert instead “completion of the audit”.
Omit section 15 (1) (b). Insert instead:
to assemble evidence that may be used in:
(i) the investigation of a police complaint, or
(ii) deciding whether to take action under section 173 or 181D of the Police Service Act 1990,
and to furnish any such evidence to the Minister, the Commissioner of Police or other appropriate authority in the State,
Insert “action under Part 9 of the Police Service Act 1990 or” before “other disciplinary action” in section 16 (1) (b).
Omit “is admissible in any disciplinary proceedings and in any proceedings under Division 1C of Part 9 of the Police Service Act 1990 with respect to an order under section 181D of that Act” from section 40 (3).
Insert instead “may be used in deciding whether to make an order under section 173 or 181D of the Police Service Act 1990 and is admissible in any proceedings under Division 1A or 1C of Part 9 of that Act and in any disciplinary proceedings”.
Omit “or disciplinary proceedings, instituted as a result of” from section 56 (3).
Insert instead “, disciplinary proceedings or proceedings under Division 1A or 1C of Part 9 of the Police Service Act 1990, arising out of”.
Omit the paragraph. Insert instead:
for the purposes of:
(i) a prosecution, or
(ii) disciplinary proceedings, or
(iii) the making of an order under section 173 or 181D of the Police Service Act 1990, or
(iv) proceedings under Division 1A or 1C of Part 9 of that Act,
arising out of an investigation conducted by the Commission in the exercise of its functions, or
Insert “(including the making of an order under section 181D of the Police Service Act 1990)” after “action” in section 97 (2) (c).
Insert after section 97 (2) (c):
the taking of reviewable action within the meaning of section 173 of the Police Service Act 1990 against the person as a police officer.
Omit “or disciplinary action” from section 99 (2) (f).
Insert instead “, disciplinary action or the making of an order under section 173 or 181D of the Police Service Act 1990”.
Omit clause 5 (1) and (2). Insert instead:
The Commissioner is entitled to be paid:
(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and
(b) such travelling and subsistence allowances as the Minister may from time to time determine.
Insert after clause 2B (8):
A reference in subclause (8) to disciplinary proceedings includes a reference to action under Part 9 of the Police Service Act 1990.
Insert after Part 4:
In this Part:
The amendments extend to a person who is the holder of the office of Commissioner immediately before the relevant date.
Until a determination is made under the Statutory and Other Offices Remuneration Act 1975, clause 5 of Schedule 1, as in force immediately before the relevant date, continues to apply to a person who is the holder of the office of Commissioner.
Any provision specifying the Commissioner’s remuneration in the instrument of appointment, or any determination, under clause 5 of Schedule 1 (as in force immediately before the relevant date) that is applicable to the Commissioner ceases to have effect when a determination is first made under the Statutory and Other Offices Remuneration Act 1975.
The Police Service Amendment (Complaints and Management Reform) Act 1998 amended the Police Service Act 1990 in various respects including the replacement of the existing scheme for taking disciplinary action against police officers with a new scheme for dealing with police officers’ misconduct and unsatisfactory performance.
Items [1], [2], [5]–[12] and [14] of the proposed amendments make consequential amendments to the Police Integrity Commission Act 1996 by updating the terminology used in that Act as a result of the introduction of the new scheme.
Item [3] of the proposed amendments extends by 12 months the time by which the 3-year special audit of the reform process within the Police Service (to be overseen by the Police Integrity Commission) must be carried out.
Item [4] of the proposed amendments makes a consequential amendment.
Item [13] of the proposed amendments provides for the remuneration of the Commissioner for the Police Integrity Commission to be determined in accordance with the Statutory and Other Offices Remuneration Act 1975 and for the Commissioner’s travelling and subsistence allowances to be determined by the Minister administering the Police Integrity Commission Act 1996. Currently the Commissioner’s remuneration (including travelling and subsistence allowances) is the remuneration specified in the Commissioner’s instrument of appointment or such remuneration as may be afterwards determined by the Governor. The proposed amendment makes the determination of the Commissioner’s remuneration consistent with that of the Commissioner for the New South Wales Crime Commission.
Item [15] of the proposed amendments contains provisions of a saving and transitional nature.
Residential Parks Act 1998 No 142Insert after section 102:
A resident may give notice of termination of a residential site agreement to the park owner on the ground that the park owner has breached a term of the agreement.
A notice of termination given under this section must not specify a day earlier than 14 days after the day on which the notice is given as the day on which vacant possession of the residential premises will be delivered up to the park owner.
A notice of termination of a residential site agreement that creates a tenancy for a fixed term given under this section is not ineffective because the day specified as the day on which vacant possession of the residential premises will be delivered up to the park owner is earlier than the day the term ends.
The Residential Parks Act 1998 sets out the rights and obligations of residents and owners of residential parks. Before the Act commenced those rights and obligations were set out in the Residential Tenancies Act 1987, which dealt with all residential tenancies including those in flats, houses, caravan parks and manufactured home estates.
Generally the Residential Parks Act 1998 affords residents under residential site agreements (that is, residents who install their own relocatable home or registrable moveable dwelling on a site owned by the park owner) greater rights than residents under other residential tenancy agreements, because of the more significant nature of their investment.
Part 12 of the Residential Parks Act 1998 deals with termination of both types of residential tenancy agreements. That Part generally mirrors the provisions of the Residential Tenancies Act 1987 relating to termination. Under section 57 of the 1987 Act, a tenant had the right to give notice of termination of a residential tenancy agreement (including a residential site agreement) to the landlord on the ground that the landlord had breached a term of the agreement. There is no analogous provision under the 1998 Act relating to a resident under a residential site agreement.
The object of the proposed amendment to the Residential Parks Act 1998 is to empower a resident under a residential site agreement to give notice of termination on the ground of breach of agreement. In doing so, the amendment restores the right that such a resident had under the 1987 Act and puts the resident in the same position as residents under other types of residential tenancy agreements.
Southern Cross University Act 1993 No 69Omit the section.
Omit section 10 (4) (a). Insert instead:
2 persons appointed by the Minister, being persons nominated by the Council, who are graduates of the University, and who the Minister considers to be appropriate for appointment, but who are not:
(i) members of the staff of the University eligible to be elected as members of the Council in accordance with subsection (5) (a) or (b), or
(ii) persons who, within the 5 years immediately prior to appointment, had been members of the staff of the University who were eligible to be elected as members of the Council in accordance with subsection 5 (a) or (b), or
(iii) students of the University eligible to be elected as members of the Council in accordance with subsection (5) (c), and
Insert after section 10 (7):
For the purposes of nominating the persons referred to in subsection (4) (a), the Council is to comprise the members referred to in subsections (2), (3), (4) (b) and (5).
Insert after clause 29:
If, on the commencement of the amendments to section 10 made by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999, the membership of the Council fails to comply with section 10 (4) as so amended, then, for the purposes of clause 3 (1) of Schedule 1 to this Act, there is taken to be a vacancy in the office of the member in respect of which the failure exists.
Section 7 of the Southern Cross University Act 1989 provides that the Southern Cross University (
Item [2] of the proposed amendments alters the composition of the Council of SCU with respect to appointed members (as a consequence of the termination of the collaboration arrangement) by omitting the requirement that 2 persons, nominated by the Council of the University of New South Wales, be appointed by the Minister. The proposed amendment replaces that requirement with a requirement that the Minister appoint 2 persons who are graduates of SCU nominated for appointment by the Council of SCU. (Certain persons who are, or who were within the previous 5 years, eligible to be elected members of the Council will not be eligible to be appointed members.)
Item [3] of the proposed amendments makes a consequential amendment.
Item [4] of the proposed amendments contains a provision of a transitional nature consequent on the alteration of the composition of the Council.
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)Insert at the end of the Schedule:
Commissioner for the Police Integrity Commission
The proposed amendment enables the remuneration of the Commissioner for the Police Integrity Commission to be determined in accordance with the Statutory and Other Offices Remuneration Act 1975 and is consequential on the amendments to the Police Integrity Commission Act 1996 in respect of the Commissioner’s remuneration set out elsewhere in this Schedule.
Stock Foods Act 1940 No 19Insert “any substance that is intended to be fed to animals other than stock or” after “and does not include” in the definition of
The definition of
The proposed amendment makes it clear that the definition does not include any substance that is intended to be fed to animals other than those to which the Act applies.
Sydney Harbour Foreshore Authority Act 1998 No 170Insert after section 32 (1):
Rangers may include persons who are officers or employees of a body corporate providing services to the Authority under section 31 (4). Such persons are subject to the control and direction of the Chief Executive Officer while they are exercising the functions of a ranger.
Insert after section 43:
An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against the regulations, being an offence prescribed by the regulations as a penalty notice offence.
A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.
A penalty notice may be served personally or by post.
If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
The regulations may:
(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and
(c) prescribe different amounts of penalties for different offences or classes of offences.
The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.
This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
In this section,
Section 32 (1) of the Sydney Harbour Foreshore Authority Act 1998 enables certain individuals to be appointed as rangers for the purposes of the Act. Item [1] of the proposed amendments makes it clear that individuals who are officers or employees of a body corporate that is engaged under section 31 of the Act to provide services to the Sydney Harbour Foreshore Authority may also be appointed as rangers. Such a person will be subject to the control and direction of the Chief Executive Officer of the Authority while exercising the functions of a ranger.
Item [2] of the proposed amendments enables penalty notices (commonly known as “on-the-spot” fines) to be issued for offences against regulations made under the Act.
University of Newcastle Act 1989 No 68Insert “the following” after “comprise” in section 9 (5).
Omit “a student”. Insert instead “an undergraduate student”.
Insert “the undergraduate” before “students”.
Omit “and”.
Insert after section 9 (5) (c):
one person:
(i) who is a postgraduate student of the University but who is not a member of the academic or non-academic staff of the University, and
(ii) who has such qualifications as may be prescribed by the by-laws, and
(iii) who is elected by the postgraduate students of the University in the manner prescribed by the by-laws,
Insert “or (c1) (ii)” after “(c) (ii)”.
Omit “or (c)” from clause 1 (d). Insert instead “, (c) or (c1)”.
Insert after clause 11:
If, on the commencement of the amendments to section 9 made by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999, the membership of the Council fails to comply with section 9 (5) as so amended, there is for the purposes of clause 3 (1) of Schedule 1 to this Act taken to be a vacancy in the office of the member in respect of which the failure exists.
Items [1]–[7] of the proposed amendments alter the composition of the Council of the University of Newcastle by increasing the number of student members from 1 to 2 and by providing that, of the 2 student members, one is to be an undergraduate elected by the undergraduate students and the other a postgraduate elected by the postgraduate students.
Item [8] of the proposed amendments contains a provision of a transitional nature consequent on items [1]–[7].
Unlawful Gambling Act 1998 No 113Insert “by telephone or” after “made” in section 8 (3) (a).
Insert “(1)” after “19” in section 51 (2).
It is currently an offence under section 8 (3) of the Unlawful Gambling Act 1998 for a person to make a bet on any horse race, harness race or greyhound race if the bet is made electronically by means of the Internet, subscription TV or other on-line communication system and the bet is made with another person whom the person making the bet knows is not a legal bookmaker or is not a person who is authorised to conduct totalizator betting.
Item [1] of the proposed amendments makes it clear that the offence is meant to cover the making of a bet with such a person by means of all relevant forms of communications media, including the telephone. The proposed amendment will make the provision consistent with section 17 of the Racing Administration Act 1998 which prohibits the conduct of unauthorised telephone or electronic betting activities by licensed bookmakers.
Section 51 (2) of the Unlawful Gambling Act 1998 provides that a second or subsequent offence under certain provisions of the Act are to be prosecuted on indictment. Section 51 (2) currently refers to section 19 of that Act. Section 19 contains 2 offences, but it is only the offence under section 19 (1) that provides a penalty for a second or subsequent offence. The other offence under section 19 is not relevant in the context of section 51 (2). Item [2] of the proposed amendments rectifies the cross-reference to section 19 in section 51 (2) so that it refers to section 19 (1) only.
Waste Minimisation and Management Act 1995 No 102Insert after section 37:
The Minister may decide that an IWRP is to be prepared by the EPA for an industry if the Minister is satisfied that the proposed IWRP will implement a national environment protection measure.
A draft IWRP prepared under this section may be prepared without the need to comply with sections 33–36.
Once the draft IWRP is prepared, the EPA is to submit it to the Minister for approval.
After the draft IWRP is referred to the Minister, the Minister may approve the plan (or may require changes to be made).
In this section,
An IWRP may adopt or incorporate, with or without modification, any document as in force at a particular time or from time to time.
The National Environment Protection Council (New South Wales) Act 1995 gives effect to that part of the Intergovernmental Agreement on the Environment (to which New South Wales is a party) requiring the establishment of a body to determine national environment protection measures (measures which relate to ambient air or water quality and similar standards). These measures are made by the National Environment Protection Council established under the Act (after the Council has undertaken public consultation required by the Act with respect to such measures) and are to be implemented by parties to the Agreement.
Part 4 of the Waste Minimisation and Management Act 1995 provides for the preparation of, and compliance with, industry waste reduction plans. Proposed section 37A of the Act will enable an industry waste reduction plan to be prepared by the Environment Protection Authority if the Minister administering the Act is satisfied that the plan will implement a national environment protection measure. (Section 22 (1) of the Protection of the Environment Operations Act 1997 contains a similar provision in respect of protection of the environment policies made under that Act.)
Proposed section 37B of the Waste Minimisation and Management Act 1995 will enable industry waste reduction plans to adopt or incorporate (with or without modification) documents as in force at a particular time or as in force from time to time. (Section 35 (d) of the Protection of the Environment Operations Act 1997 contains a similar provision in respect of protection of the environment policies made under that Act.)
(Section 3)
Administrative Decisions Legislation Amendment Act 1997 No 77Omit “the Corporation” wherever occurring in section 33 (3) of the Dairy Industry Act 1979 (as proposed to be inserted by Schedule 5.7 [1]).
Insert instead “Safe Food”.
Omit “the Corporation” from section 37 (3) of the Dairy Industry Act 1979 (as proposed to be inserted by Schedule 5.7[3]).
Insert instead “Safe Food”.
The proposed amendments change references to the New South Wales Dairy Corporation (which has been dissolved) to references to the body that has taken over its functions.
Administrative Decisions Tribunal Act 1997 No 76Insert “a” before “judicial” in clause 7 (2) (a) of Part 4.
Insert “a” before “non-judicial” wherever occurring.
The proposed amendments insert an omitted word.
Children and Young Persons (Care and Protection) Act 1998 No 157Insert “monetary” after “maximum” wherever occurring in section 259 (3).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Children (Community Service Orders) Act 1987 No 56Omit “Department of Youth and Community Services” from the definition of
Insert instead “Department of Juvenile Justice”.
The proposed amendment updates a reference to a Department.
Commercial Vessels Act 1979 No 41Insert “monetary” after “maximum” wherever occurring in section 51A (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Consumer Credit Administration Act 1995 No 69Insert “monetary” after “maximum” wherever occurring in section 43 (3).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Contaminated Land Management Act 1997 No 140Insert “monetary” after “maximum” in section 92 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Credit Act 1984 No 94Insert “monetary” after “maximum” wherever occurring in section 159B (3).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Crimes Act 1900 No 40Omit “Division 1” where secondly occurring.
Insert instead “Division 2”.
The proposed amendment renumbers a Division.
Criminal Procedure Act 1986 No 209Insert “(1)” after “19” in item 24 in Part 4 of the Table.
The proposed amendment corrects a cross-reference.
Dangerous Goods Act 1975 No 68Insert “monetary” after “maximum” wherever occurring in section 33 (1A).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Defamation Act 1974 No 18Community Services (Complaints, Reviews and Monitoring) Act 1993Omit “Community Services (Complaints, Appeals and Monitoring) Act 1993” from section 17KA (a).
Insert instead “Community Services (Complaints, Reviews and Monitoring) Act 1993”.
The proposed amendment updates a reference to an Act.
Duties Act 1997 No 123Renumber clause 15 (as inserted by the Property (Relationships) Legislation Amendment Act 1999) as clause 16.
Renumber Part 3 and clause 16 (as inserted by the State Revenue Legislation Amendment Act 1999) as Part 4 and clause 17, respectively.
The proposed amendments renumber a Part and two clauses.
Election Funding Act 1981 No 78Insert “monetary” after “maximum” wherever occurring in section 111 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Electricity Safety Act 1945 (1946 No 13)Omit “the Standards Association of Australia” from paragraph (a) of the definition of
Insert instead “Standards Australia”.
The proposed amendment updates a reference to the name of a body and is consequential on the amendments to the Interpretation Act 1987 in relation to Standards Australia set out in Schedule 1.
Electricity Supply Act 1995 No 94Insert “monetary” after “maximum” in section 102 (4).
Omit “subsection (6)” from clause 6 (4) (a).
Insert instead “subclause (6)”.
Omit “to” where fourthly occurring. Insert instead “it”.
Item [1] of the proposed amendments supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Item [2] of the proposed amendments corrects a cross-reference.
Item [3] of the proposed amendments corrects a typographical error.
Environmental Planning and Assessment Act 1979 No 203Insert “monetary” after “maximum” wherever occurring in section 127 (3).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Environmentally Hazardous Chemicals Act 1985 No 14Insert “monetary” after “maximum” wherever occurring in section 56 (5).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Factories, Shops and Industries Act 1962 No 43Insert “monetary” after “maximum” wherever occurring in section 145 (3A).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Fair Trading Act 1987 No 68Insert “monetary” after “maximum” wherever occurring in section 63 (5).
Omit “the Standards Association of Australia” from section 92 (2).
Insert instead “Standards Australia”.
Item [1] of the proposed amendments supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Item [2] of the proposed amendments updates a reference to the name of a body and is consequential on the amendments to the Interpretation Act 1987 in relation to Standards Australia set out in Schedule 1.
Fines Act 1996 No 99Omit “Director of the Infringement Processing Bureau of the Police Service or a person employed in that Bureau and authorised by the Director” from section 22 (2) (b).
Insert instead “Manager, Infringement Processing Services of the Police Service or a person employed in the Infringement Processing Bureau of that Service and authorised by the Manager, Infringement Processing Services”.
The proposed amendment updates a reference to an office.
Fisheries Management Act 1994 No 38Insert “monetary” after “maximum” in section 277 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Fluoridation of Public Water Supplies Act 1957 No 58Omit “The New South Wales Branch of the Australian Medical Association” from section 4 (2) (b) (i).
Insert instead “the Australian Medical Association (NSW) Limited”.
The proposed amendment updates a reference to the name of a body.
Food Production (Safety) Act 1998 No 128Insert “monetary” after “maximum” wherever occurring in section 63 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Gas Industry Restructuring Act 1986 No 213Insert “monetary” after “maximum” wherever occurring in section 138 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Gas Supply Act 1996 No 38Insert “monetary” after “maximum” wherever occurring in section 81 (4).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Health Administration Act 1982 No 135Omit “New South Wales Branch of the Australian Medical Association” from section 20B (2) (b) (i).
Insert instead “Australian Medical Association (NSW) Limited”.
The proposed amendment updates a reference to the name of a body.
Health Services Act 1997 No 154Omit “The New South Wales Branch of the Australian Medical Association” from the Introduction to the Chapter.
Insert instead “the Australian Medical Association (NSW) Limited”.
Omit “The New South Wales Branch of the Australian Medical Association” from the definition of
Insert instead “the Australian Medical Association (NSW) Limited”.
The proposed amendments update a reference to the name of a body.
Hunter Water Act 1991 No 53Insert “monetary” after “maximum” wherever occurring in section 34 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Irrigation Act 1912 No 73Insert “monetary” after “maximum” wherever occurring in section 31 (3).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Irrigation Corporations Act 1994 No 41Insert “monetary” after “maximum” wherever occurring in section 94 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Liquor Act 1982 No 147Omit “the Standards Association of Australia” from section 97 (3).
Insert instead “Standards Australia”.
The proposed amendment updates a reference to the name of a body and is consequential on the amendments to the Interpretation Act 1987 in relation to Standards Australia set out in Schedule 1.
Local Government Act 1993 No 30Omit “subsection (2)” from section 263 (2B).
Insert instead “this section”.
The proposed amendment corrects a cross-reference.
Marine Parks Act 1997 No 64Insert “monetary” after “maximum” in section 39 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Meat Industry Act 1978 No 54Insert “monetary” after “maximum” wherever occurring in section 76 (4B).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Meat Industry Amendment Act 1998 No 129Omit Schedule 1 [101].
The amendment removes a provision of the Meat Industry Amendment Act 1998 that amends the Meat Industry Act 1978. The provision cannot be properly incorporated because of other amendments made to the Meat Industry Act 1978 and is unnecessary.
Medical Practice Act 1992 No 94Omit “The New South Wales Branch of the Australian Medical Association” from section 130 (2) (c).
Insert instead “the Australian Medical Association (NSW) Limited”.
The proposed amendment updates a reference to the name of a body.
Mines Inspection Act 1901 No 75Insert “monetary” after “maximum” wherever occurring in section 69 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Motor Accidents Act 1988 No 102Omit “(c)” where secondly occurring. Insert instead “(d)”.
The proposed amendment removes a duplication in paragraph numbering.
Motor Accidents Compensation Act 1999 No 41Omit “only adopt the provisions of another publication” from section 45 (3).
Insert instead “adopt the provisions of another publication only”.
Omit “section 126” from section 134 (2).
Insert instead “section 146”.
Omit “section 113” from section 151 (3).
Insert instead “section 111 (2)”.
Omit “Australian Medical Association (NSW Branch)” from section 208 (1) (e).
Insert instead “Australian Medical Association (NSW) Limited”.
Omit “MAC” from clause 11. Insert instead “MAA”.
Item [1] of the proposed amendments corrects a grammatical error consisting of the misplacement of a word.
Items [2] and [3] of the proposed amendments correct cross-references.
Item [4] of the proposed amendments updates a reference to the name of a body.
Item [5] of the proposed amendments corrects a typographical error.
Motor Dealers Act 1974 No 52Insert “monetary” after “maximum” wherever occurring in section 55 (1B).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Murray–Darling Basin Act 1992 No 65Insert “monetary” after “maximum” wherever occurring in section 34 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Native Vegetation Conservation Act 1997 No 133Insert “monetary” after “maximum” wherever occurring in section 64 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Optical Dispensers Act 1963 No 35Omit “New South Wales Branch of the Australian Medical Association” from section 6 (2) (e).
Insert instead “Australian Medical Association (NSW) Limited”.
The proposed amendment updates a reference to the name of a body.
Passenger Transport Act 1990 No 39Insert “monetary” after “maximum” wherever occurring in section 60 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Pesticides Act 1978 No 57Insert “monetary” after “maximum” wherever occurring in section 59 (1A).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Physiotherapists Registration Act 1945 No 9Omit “subsection (1) of section 5” from section 13 (2) (a).
Insert instead “section 5 (2) (b)”.
The proposed amendment updates a cross-reference.
Poisons and Therapeutic Goods Act 1966 No 31Omit “Australian Medical Association, New South Wales Branch” from section 6 (3) (a).
Insert instead “Australian Medical Association (NSW) Limited”.
Omit “Australian Medical Association, New South Wales Branch” wherever occurring in section 30 (2) (a) and (3).
Insert instead “Australian Medical Association (NSW) Limited”.
The proposed amendments update references to the name of a body.
Private Hospitals and Day Procedure Centres Act 1988 No 123Omit “New South Wales Branch of the Australian Medical Association” from section 4 (4) (c).
Insert instead “Australian Medical Association (NSW) Limited”.
The proposed amendment updates a reference to the name of a body.
Protection of the Environment Operations Act 1997 No 156Insert “monetary” after “maximum” in section 215 (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Public Health Act 1991 No 10Insert “monetary” after “maximum” wherever occurring in section 61M (2).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Registered Clubs Act 1976 No 31Omit “the Standards Association of Australia” from section 68 (3).
Insert instead “Standards Australia”.
The proposed amendment updates a reference to the name of a body and is consequential on the amendments made to the Interpretation Act 1987 in relation to Standards Australia set out in Schedule 1.
Residential Parks Act 1998 No 142Insert “monetary” after “maximum” in section 148 (4).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Residential Tenancies Act 1987 No 26Omit “section 94”.
Insert instead “section 33 of the Residential Tribunal Act 1998”.
Omit “or 115” from section 124 (3).
Insert “monetary” after “maximum”.
Omit the matter relating to sections 115 and 116 (1) and (2) from section 125 (1).
Item [1] of the proposed amendments updates a cross-reference to a repealed provision.
Items [2] and [4] of the proposed amendments repeal obsolete cross-references.
Item [3] of the proposed amendments supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Revenue Laws (Reciprocal Powers) Act 1987 No 86Insert “monetary” after “maximum” wherever occurring in section 19 (3).
The proposed amendment supplements the amendment to the Interpretation Act 1987 relating to the maximum monetary penalty Local Courts may impose set out in Schedule 1.
Rivers and Foreshores Improvement Act 1948 No 20Insert “monetary” after “maximum” wherever occurring in section 26 (2).
Whole of Act | |
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67 | Whole of Act |
Crown Proceedings Act 1988 No 70 | Section 11 and Schedule 1 |
Dangerous Goods Act 1975 No 68 | Section 45 (1) and (2) and Schedules 1 and 2 |
Debits Tax Act 1990 No 112 | Section 54 and Schedule 2 |
Decimal Currency Act 1965 No 33 | Section 4 (1) and (2) and First Schedule |
Defamation Act 1974 No 18 | Section 5 and Schedule 1 |
Dental Technicians Registration Act 1975 No 40 | Section 36 |
Disability Services Act 1993 No 3 | Section 28 and Schedule 2 |
District Court Act 1973 No 9 | Section 181 and Schedule 2 |
District Court Amendment Act 1997 No 58 | Whole of Act |
Dividing Fences Act 1991 No 72 | Section 30 and Schedule 2 |
Drainage Act 1939 No 29 | Section 2 |
Driving Instructors Act 1992 No 3 | Section 62 and Schedule 2 |
Dust Diseases Tribunal Act 1989 No 63 | Section 36 |
Duties Act 1997 No 123 | Section 315 and Schedule 2 |
Duties Amendment (Managed Investments) Act 1998 No 63 | Whole of Act |
Education Act 1990 No 8 | Section 132 |
Education Reform Amendment (Board Inspectors) Act 1997 No 7 | Whole of Act |
Education Reform Amendment (School Discipline) Act 1995 No 93 | Whole of Act |
Electricity Commission (Balmain Electric Light Company Purchase) Act 1950 No 40 | Section 13 |
Electricity Commission (Transfer of Reticulation Works) Act 1957 No 43 | Section 12 |
Electricity Legislation Amendment Act 1995 No 18 | Whole of Act |
Electricity Legislation Amendment (Wholesale Electricity Market) Act 1997 No 21 | Whole of Act |
Electricity Supply Amendment Act 1997 No 36 | Whole of Act |
Electricity Supply Amendment (Transmission Operator’s Levy) Act 1998 No 78 | Whole of Act |
Emergency Legislation Amendment (Offences) Act 1996 No 89 | Whole of Act |
Energy Legislation (Miscellaneous Amendments) Act 1994 No 82 | Whole of Act |
Energy Services Corporations Act 1995 No 95 | Section 19 and Schedule 4 |
Entertainment Industry Act 1989 No 230 | Section 66 and Schedule 4 |
Entertainment Industry (Interim Council) Amendment Act 1993 No 17 | Whole of Act |
Environmental Legislation Amendment (Enforcement) Act 1996 No 101 | Whole of Act |
Environmental Planning and Assessment Amendment Act 1997 No 152 | Whole of Act |
Environmental Planning and Assessment (Part 5) Amendment Act 1993 No 93 | Whole of Act |
Environmental Planning and Water Legislation Amendment Act 1996 No 31 | Whole of Act |
Evidence (Children) Act 1997 No 143 | Section 33 and Schedule 1 |
Evidence (Consequential and Other Provisions) Act 1995 No 27 | Section 4 and Schedule 1 |
Exotic Diseases of Animals Act 1991 No 73 | Sections 79 (1) and 80 and Schedule 1 |
Fair Trading Act 1987 No 68 | Section 93 |
Fair Trading Legislation Amendment Act 1997 No 82 | Whole of Act |
Farm Debt Mediation Amendment Act 1996 No 106 | Whole of Act |
Farm Produce (Repeal) Act 1996 No 134 | Section 3 and Schedule 1 |
Film Industry Amendment Act 1996 No 82 | Whole of Act |
Finances Adjustment (Further Provisions) Act 1932 No 64 | Section 11 |
Financial Agreement Act 1994 No 71 | Section 6 (1) |
Financial Agreement (Amendment) Act 1976 No 35 | Section 4 |
Financial Agreement (Decimal Currency) Act 1966 No 39 | Section 3 |
Financial Institutions (Miscellaneous Amendments) Act 1996 No 24 | Whole of Act |
Fines Act 1996 No 99 | Section 130 and Schedule 2 |
Fines Amendment Act 1997 No 121 | Whole of Act |
Fines Amendment Act 1998 No 35 | Whole of Act |
Fire Brigades Act 1989 No 192 | Section 86 (2) and Schedule 3 |
Fire Brigades Amendment Act 1997 No 27 | Whole of Act |
Firearms Act 1996 No 46 | Section 90 and Schedule 2 |
First State Superannuation Act 1992 No 100 | Section 78 and Schedule 4 |
Fish Marketing Act 1994 No 37 | Section 12 and Schedules 1 and 2 |
Fish Marketing Amendment (Deregulation) Act 1997 No 10 | Whole of Act |
Fisheries Management Act 1994 No 38 | Section 292 and Schedule 8 |
Fisheries Management Amendment Act 1997 No 153 | Whole of Act |
Food Act 1989 No 231 | Section 93 and Schedule 4 |
Forestry (Amendment) Act 1924 No 67 | Whole of Act |
Forestry (Amendment) Act 1978 No 101 | Whole of Act |
Forestry, Conservation Authority of New South Wales and Other Acts (Amendment) Act 1972 No 61 | Whole of Act |
Freedom of Information Act 1989 No 5 | Sections 70 and 71 |
Gaming and Betting (Amendment) Act 1985 No 60 | Whole of Act |
Gaming and Betting Amendment (Betting Auditoriums) Act 1996 No 66 | Whole of Act |
Gaming and Betting Amendment (Racing) Act 1995 No 51 | Whole of Act |
Gas Industry Restructuring Amendment (Customer Contracts) Act 1997 No 59 | Whole of Act |
Gas Supply Amendment Act 1997 No 104 | Whole of Act |
Geographical Names Act 1966 No 13 | Section 20 |
Government Insurance Office (Privatisation) Act 1991 No 38 | Section 19 and Schedule 2 |
Government Insurance Office (Privatisation) Amendment Act 1992 No 14 | Whole of Act |
Government Telecommunications Act 1991 No 77 | Section 57 and Schedule 2 |
Grain Marketing Act 1991 No 15 | Section 102 and Schedule 4 |
Guardianship (Amendment) Act 1993 No 26 | Whole of Act |
Guardianship Amendment Act 1997 No 49 | Whole of Act |
Guardianship Amendment Act 1998 No 7 | Whole of Act |
Habitual Criminals Act 1957 No 19 | Sections 11 and 12 (1) |
Harness Racing Legislation Amendment Act 1996 No 90 | Whole of Act |
Health Legislation Amendment Act 1995 No 9 | Whole of Act |
Health Legislation Amendment Act 1997 No 87 | Whole of Act |
Health Services Act 1997 No 154 | Section 139 and Schedule 6 |
Higher Education (Amalgamation) Act 1989 No 65 | Section 46 and Schedule 1 |
Higher Education (Amalgamation) Amendment Act 1993 No 70 | Whole of Act |
Home Building Act 1989 No 147 | Section 143 and Schedule 5 |
Home Building Amendment Act 1998 No 56 | Whole of Act |
Home Care Service Act 1988 No 6 | Section 19 |
Home Purchase Assistance Authority Act 1993 No 15 | Section 23 and Schedule 2 |
Home Purchase Assistance Authority (Amendment) Act 1993 No 92 | Whole of Act |
HomeFund Commissioner Act 1993 No 9 | Section 45 and Schedule 2 |
HomeFund Restructuring Act 1993 No 112 | Section 23 and Schedule 3 |
Horticultural Stock and Nurseries Act 1969 No 3 | Section 24 |
Housing Act 1912 No 7 | Section 47 |
Housing (Amendment) Act 1982 No 121 | Whole of Act |
Hunter Water Act 1991 No 53 | Sections 4 (2) and 71 and Schedule 1 |
Impounding Act 1993 No 31 | Sections 53 and 54 |
Inclosed Lands Protection Amendment Act 1997 No 97 | Whole of Act |
Independent Commission Against Corruption Act 1988 No 35 | Sections 118–121 |
Independent Commission Against Corruption Amendment (Codes of Conduct) Act 1996 No 73 | Whole of Act |
Industrial Relations Act 1996 No 17 | Section 410 and Schedule 5 |
Innovation Council Act 1996 No 77 | Section 23 and Schedule 4 |
Institute of Sport Act 1995 No 52 | Section 33 and Schedule 2 |
Internal Audit Bureau Act 1992 No 20 | Section 22 and Schedule 2 |
Interpretation Act 1987 No 15 | Section 81 and Schedule 1 |
Investigative Bodies Legislation Amendment Act 1997 No 60 | Whole of Act |
Judges’ Pensions Act 1953 No 41 | Section 13 |
Jury Act 1977 No 18 | Section 78 and Schedules 5 and 7 |
Justices Amendment (Procedure) Act 1997 No 107 | Whole of Act |
Lake Illawarra Authority Act 1987 No 285 | Section 34 |
Land Acquisition (Charitable Institutions) Act 1946 No 55 | Section 5 |
Land Acquisition (Just Terms Compensation) Act 1991 No 22 | Section 75 and Schedule 1 |
Land Development Contribution Management Act 1970 No 22 | Sections 79 and 80 |
Landlord and Tenant (Amendment) Act 1968 No 58 | Whole of Act |
Law Reform (Law and Equity) Act 1972 No 28 | Section 3 (2) and (3) |
Law Reform (Miscellaneous Provisions) Act 1965 No 32 | Sections 11, 22 and 27 |
Legal Aid Commission Amendment Act 1996 No 94 | Whole of Act |
Legal Aid Commission Amendment Act 1997 No 50 | Whole of Act |
Legal Profession Amendment (National Practising Certificates) Act 1996 No 113 | Whole of Act |
Legal Profession Reform Act 1993 No 87 | Whole of Act |
Library Act 1939 No 40 | Section 16 (1) |
Limitation Act 1969 No 31 | Section 4 and Schedules 1–3 |
Limitation (Amendment) Act 1993 No 95 | Whole of Act |
Liquor and Registered Clubs Legislation Amendment (Monitoring and Links) Act 1997 No 44 | Whole of Act |
Liquor (Repeals and Savings) Act 1982 No 148 | Section 5 and Schedule 2 |
Local Government Amendment Act 1996 No 69 | Whole of Act |
Local Government Amendment Act 1998 No 16 | Whole of Act |
Local Government Amendment (Ecologically Sustainable Development) Act 1997 No 94 | Whole of Act |
Local Government Amendment (Meetings) Act 1998 No 39 | Whole of Act |
Local Government (City of Sydney Boundaries) Act 1967 No 48 | Section 32 |
Local Government (Further Amendment) Act 1980 No 141 | Whole of Act |
Local Government Legislation (Miscellaneous Amendments) Act 1994 No 44 | Whole of Act |
Long Service Leave Act 1955 No 38 | Section 13 (1) |
Long Service Leave (Amendment) Act 1963 No 13 | Whole of Act |
Long Service Leave (Amendment) Act 1985 No 54 | Whole of Act |
Lord Howe Island (Amendment) Act 1981 No 50 | Whole of Act |
Luna Park Site Amendment Act 1997 No 105 | Whole of Act |
Marine Parks Act 1997 No 64 | Section 51 and Schedule 4 |
Marketing of Primary Products Amendment Act 1995 No 42 | Whole of Act |
Marketing of Primary Products Amendment (Marketing Orders) Act 1997 No 126 | Whole of Act |
Marketing of Primary Products Amendment (Rice Marketing Board) Act 1998 No 23 | Whole of Act |
Marketing of Primary Products Amendment (Wine Grapes Marketing Board) Act 1997 No 125 | Whole of Act |
Medical Practice Act 1992 No 94 | Sections 196 and 197 |
Mental Health Legislation Amendment Act 1997 No 28 | Whole of Act |
Mine Subsidence Compensation (Amendment) Act 1994 No 4 | Whole of Act |
Mines Rescue Act 1994 No 13 | Section 54 and Schedule 4 |
Mining Act 1992 No 29 | Section 390 and Schedule 5 |
Mining Legislation Amendment Act 1996 No 137 | Whole of Act |
Minors (Property and Contracts) Act 1970 No 60 | Section 3 (1) and First Schedule |
Miscellaneous Acts (Crown and Other Roads) Amendment Act 1990 No 55 | Whole of Act |
Motor Accidents (Amendment) Act 1994 No 27 | Whole of Act |
Motor Accidents Amendment (Board of Directors) Act 1997 No 91 | Whole of Act |
Motor Dealers Act 1974 No 52 | Section 60 |
Motor Vehicles (Third Party Insurance) Act 1942 No 15 | Section 28 |
Motor Vehicles (Third Party Insurance) Amendment Act 1993 No 16 | Whole of Act |
Murrumbidgee Irrigation Areas Occupiers Relief Act 1934 No 52 | Sections 13, 15, 16 and 18–20 |
National Electricity (New South Wales) Act 1997 No 20 | Section 9 and Schedule 1 |
National Parks and Wildlife Act 1974 No 80 | Section 4 (1) and (2) and Schedules 1 and 2 |
National Parks and Wildlife Amendment Act 1996 No 58 | Whole of Act |
National Parks and Wildlife Amendment (Abercrombie, Jenolan and Wombeyan Karst Conservation Reserves) Act 1997 No 2 | Whole of Act |
National Parks and Wildlife Amendment (Game Birds Protection) Act 1995 No 60 | Whole of Act |
National Parks and Wildlife (Emu Licence) Amendment Act 1993 No 78 | Whole of Act |
National Trust of Australia (New South Wales) Act 1990 No 92 | Section 40 |
Native Title (New South Wales) Act 1994 No 45 | Section 107 and Schedule 1 |
Native Vegetation Conservation Act 1997 No 133 | Section 69 and Schedule 5 |
New South Wales Cancer Council Act 1995 No 43 | Section 19 |
New South Wales Crime Commission Amendment Act 1996 No 104 | Whole of Act |
New South Wales Lotteries Corporatisation Act 1996 No 85 | Section 14 and Schedule 3 |
New South Wales—Queensland Border Rivers (Amendment) Act 1993 No 36 | Whole of Act |
New South Wales Retirement Benefits Act 1972 No 70 | Sections 67 (1) and 68–71 |
Newcastle Gas Company Limited Act 1971 No 26 | Whole of Act |
Non-Indigenous Animals Act 1987 No 166 | Sections 30 and 31 |
Non-Indigenous Animals Amendment Act 1996 No 23 | Whole of Act |
Notice of Action and Other Privileges Abolition Act 1977 No 19 | Section 4 and Schedule 1 |
Noxious Weeds Act 1993 No 11 | Section 75 and Schedule 3 |
NSW Grain Corporation Holdings Limited Act 1992 No 31 | Section 10 |
Oaths Amendment Act 1996 No 83 | Whole of Act |
Occupational Health and Safety Act 1983 No 20 | Sections 36, 38, 40, 42 and 44 and Schedules 2–7 |
Olympic Co-ordination Authority Act 1995 No 10 | Section 38 and Schedule 1 |
Ombudsman Act 1974 No 68 | Section 40 |
Ozone Protection Act 1989 No 208 | Sections 34–38 |
Parliamentary Committees Enabling Amendment Act 1997 No 71 | Whole of Act |
Parliamentary Precincts Act 1997 No 66 | Section 31 and Schedule 3 |
Parliamentary Remuneration Act 1989 No 160 | Section 20 and Schedule 3 |
Passenger Transport Act 1990 No 39 | Section 65 and Schedule 4 |
Passenger Transport Amendment Act 1997 No 72 | Whole of Act |
Pawnbrokers and Second-hand Dealers Act 1996 No 13 | Section 44 and Schedule 1 |
Perpetuities (Amendment) Act 1991 No 57 | Whole of Act |
Petroleum (Onshore) Act 1991 No 84 | Section 141 |
Petroleum (Submerged Lands) Act 1982 No 23 | Section 3 (2) and (3) |
Petroleum (Submerged Lands) Further Amendment Act 1991 No 85 | Whole of Act |
Poisons Amendment (Therapeutic Goods) Act 1996 No 2 | Whole of Act |
Poisons and Therapeutic Goods Act 1966 No 31 | Sections 47 and 48 |
Police and Superannuation Legislation (Amendment) Act 1990 No 48 | Whole of Act |
Police Department (Transit Police) Act 1989 No 58 | Sections 38–40 |
Police Integrity Commission Amendment Act 1998 No 64 | Whole of Act |
Police Integrity Commission Amendment (Records) Act 1998 No 21 | Whole of Act |
Police Legislation Amendment Act 1996 No 29 | Whole of Act |
Police Legislation Amendment (Protective Security Group) Act 1998 No 67 | Whole of Act |
Police Legislation Further Amendment Act 1996 No 108 | Whole of Act |
Police Service Amendment (Alcohol and Drug Testing) Act 1998 No 40 | Whole of Act |
Police Service Amendment (Special Risk Benefit) Act 1998 No 103 | Whole of Act |
Ports Corporatisation and Waterways Management Act 1995 No 13 | Sections 8 (2) and 112 and Schedule 4 |
Presbyterian Church (Corporations) Act 1995 No 67 | Sections 22 and 23 |
Pre-Trial Diversion of Offenders (Amendment) Act 1993 No 7 | Whole of Act |
Printing and Newspapers Act 1973 No 46 | Section 7 (1) and Schedule |
Private Irrigation Districts Act 1973 No 47 | Section 95 |
Protected Disclosures Act 1994 No 92 | Section 31 and Schedule 1 |
Protection of the Environment Administration Act 1991 No 60 | Section 40 and Schedule 3 |
Protection of the Environment Operations Act 1997 No 156 | Section 325 and Schedule 4 |
Public Authorities (Financial Arrangements) Amendment Act 1998 No 30 | Whole of Act |
Public Defenders Act 1995 No 28 | Section 21 and Schedule 2 |
Public Finance and Audit Amendment Act 1998 No 80 | Whole of Act |
Public Finance and Audit Amendment (State Accounts) Act 1998 No 136 | Whole of Act |
Public Health Amendment (Tobacco Advertising) Act 1997 No 129 | Whole of Act |
Public Hospitals (Hospitals Incorporation) Amendment Act 1983 (1984 No 1) | Whole of Act |
Public Lotteries Act 1996 No 86 | Section 85 and Schedule 1 |
Public Notaries Act 1997 No 98 | Section 19 and Schedule 2 |
Public Sector Management Amendment Act 1995 No 36 | Whole of Act |
Public Sector Management Amendment Act 1998 No 65 | Whole of Act |
Public Sector Management Amendment (Council on the Cost of Government) Act 1998 No 118 | Whole of Act |
Public Servant Housing Authority (Dissolution) Act 1996 No 14 | Section 13 and Schedule 1 |
Radiation Control Act 1990 No 13 | Sections 41 and 42 |
Rail Safety Act 1993 No 50 | Section 101 and Schedule 3 |
Registered Clubs Act 1976 No 31 | Section 74 and Schedule 1 |
Registrar-General Act 1973 No 67 | Section 6 and Schedule |
Reprints Act 1972 No 48 | Section 2 (2) and Schedule |
Residential Tenancies Amendment Act 1998 No 60 | Whole of Act |
Residential Tenancies Amendment (Social Housing) Act 1998 No 126 | Whole of Act |
Revenue Laws (Reciprocal Powers) Act 1987 No 86 | Section 22 |
Road Improvement (Special Funding) Amendment Act 1996 No 54 | Whole of Act |
Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997 No 118 | Whole of Act |
Road Transport (Vehicle Registration) Act 1997 No 119 | Section 33 and Schedule 2 |
Roads Act 1993 No 33 | Section 266 and Schedule 1 |
Royal Commission (Police Service) Amendment Act 1994 No 75 | Whole of Act |
Rural Assistance Amendment (Board Membership) Act 1996 No 62 | Whole of Act |
Rural Fires Act 1997 No 65 | Section 138 and Schedule 4 |
Rural Lands Protection Amendment Act 1997 No 38 | Whole of Act |
Rural Reconstruction Act 1939 No 45 | Sections 2 (3), 6 (1) and 7–9 |
Seat of Government Surrender (Amendment) Act 1923 No 31 | Section 5 |
Security Industry Act 1997 No 157 | Section 49 and Schedule 1 |
Southern Cross University Act 1993 No 69 | Section 33 |
Special Commissions of Inquiry Amendment Act 1997 No 84 | Whole of Act |
Sports Drug Testing Amendment Act 1997 No 100 | Whole of Act |
Sports Legislation (Amendment) Act 1994 No 63 | Whole of Act |
State Bank (Corporatisation) Act 1989 No 195 | Section 23 and Schedule 1 |
State Bank (Privatisation) Act 1994 No 73 | Sections 20 and 21 and Schedules 1 and 2 |
State Coal Mines (Amendment) Act 1948 No 41 | Whole of Act |
State Coal Mines (Amendment) Act 1959 No 14 | Whole of Act |
State Development and Industries Assistance Act 1966 No 10 | Sections 36–38 |
State Emergency Legislation Amendment Act 1995 No 91 | Whole of Act |
State Emergency Service Act 1989 No 164 | Sections 32–35 |
State Owned Corporations Act 1989 No 134 | Section 37 |
State Revenue Legislation Amendment Act 1995 No 17 | Whole of Act |
State Revenue Legislation Amendment Act 1996 No 34 | Whole of Act |
State Revenue Legislation Amendment Act 1997 No 37 | Whole of Act |
State Revenue Legislation (Further Amendment) Act 1994 No 72 | Whole of Act |
State Revenue Legislation Further Amendment Act 1995 No 98 | Whole of Act |
State Revenue Legislation Further Amendment Act 1996 No 55 | Whole of Act |
State Revenue Legislation Further Amendment Act 1997 No 41 | Whole of Act |
State Revenue Legislation (Miscellaneous Amendments) Act 1996 No 125 | Whole of Act |
State Sports Centre Trust Amendment Act 1996 No 9 | Whole of Act |
Status of Children Act 1996 No 76 | Section 38 and Schedule 1 |
Statute Law (Miscellaneous Provisions) Act 1985 No 231 | Sections 3–5 and Schedules 1–30 |
Statute Law (Miscellaneous Provisions) Act 1986 No 16 | Whole of Act |
Statute Law (Miscellaneous Provisions) Act (No 2) 1986 No 218 | Sections 3 and 4 (1) and (2) (a)–(e) and Schedules 1–48 |
Statute Law (Miscellaneous Provisions) Act (No 1) 1987 No 48 | Sections 3 and 4 and Schedules 1–30, 31 (except in relation to the Supreme Court (Commercial Arbitration) Amendment Act 1984) and 32 (except in relation to the Companies Act 1961) |
Statute Law (Miscellaneous Provisions) Act 1988 No 20 | Sections 3 and 4 and Schedules 1–21 |
Statute Law (Miscellaneous Provisions) Act (No 2) 1988 No 92 | Section 4 and Schedules 1, 2, 3 (1)–(5), (6) (b) and (c) and (7)–(10), 4–24, 26 and 27 |
Statute Law (Miscellaneous Provisions) Act (No 3) 1988 No 131 | Sections 3 and 4 and Schedules 1–30 |
Statute Law (Miscellaneous Provisions) Act 1989 No 89 | Sections 3 and 4 and Schedules 1–3 |
Statute Law (Miscellaneous Provisions) (No 2) Act 1989 No 132 | Sections 3 and 4, the heading and the matter appearing under the heading “Amendment”, “Amendments”, “Commencement”, “Repeal of Regulations” or “Explanatory note” in Schedule 1 and all matter in Schedules 2 and 3 |
Statute Law (Miscellaneous Provisions) Act (No 3) 1989 No 226 | Section 4, the heading and the matter appearing under the heading “Amendment”, “Amendments”, “Commencement”, “Repeal”, “Repeal of regulations under Water Act 1912” or “Explanatory note” in Schedule 1 (except in relation to amendments to the Children (Care and Protection) Act 1987 and the Disability Services and Guardianship Act 1987) and all matter in Schedules 2 and 3 |
Statute Law (Miscellaneous Provisions) Act 1990 No 46 | Sections 3 and 4, the heading and the matter appearing under the heading “Amendment”, “Amendments”, “Commencement” or “Explanatory note” in Schedule 1 and all matter in Schedules 2 and 3 |
Statute Law (Miscellaneous Provisions) Act (No 2) 1990 No 108 | Sections 3 and 4, the heading and the matter appearing under the heading “Amendment”, “Amendments”, “Commencement”, “Explanatory note”, “Repeal of regulations” or “Repeal of Regulations” in Schedule 1 and all matter in Schedules 2 and 3 |
Statute Law (Miscellaneous Provisions) Act 1991 No 17 | Sections 3 and 4, the heading and the matter appearing under the heading “Amendment”, “Amendments”, “Commencement”, “Repeal of regulations”, “Repeal of Swine Compensation Regulations” or “Explanatory note” in Schedule 1 and all matter in Schedules 2 and 3 |
Statute Law (Miscellaneous Provisions) Act (No 2) 1991 No 94 | Section 4, the heading and the matter appearing under the heading “AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”, “REPEAL OF REGULATIONS” or “EXPLANATORY NOTE” in Schedule 1 (except in relation to amendments to the Business Licences Act 1990 and the Wesley College Incorporation Act 1910) and all matter in Schedules 2 and 3 |
Statute Law (Miscellaneous Provisions) Act 1992 No 34 | Sections 3 and 4, the heading and the matter appearing under the heading “AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”, “REPEAL OF REGULATIONS” or “EXPLANATORY NOTE” in Schedules 1 and 2 and all matter in Schedule 3 |
Statute Law (Miscellaneous Provisions) Act (No 2) 1992 No 57 |
Sections 3 and 4, the heading and the matter appearing under the heading “AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT” or “EXPLANATORY NOTE” in Schedules 1 and 2 and all matter in Schedule 3 | |
Statute Law (Miscellaneous Provisions) Act (No 3) 1992 No 111 | Sections 3 and 4, the heading and the matter appearing under the heading “AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”, “REPEAL OF REGULATION” or “EXPLANATORY NOTE” in Schedules 1 and 2 and all matter in Schedule 3 |
Statute Law (Miscellaneous Provisions) Act 1993 No 46 | Sections 3 and 4, the heading and the matter appearing under the heading “AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”, “REPEAL” or “EXPLANATORY NOTE” in Schedule 1 and all matter in Schedules 2 and 3 |
Statute Law (Miscellaneous Provisions) Act (No 2) 1993 No 108 | Sections 3 and 4, the heading and the matter appearing under the heading “AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT” or “EXPLANATORY NOTE” in Schedule 1 and all matter in Schedules 2 and 3 |
Statute Law (Miscellaneous Provisions) Act 1994 No 32 | Sections 3 and 4, the heading and the matter appearing under the heading “AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”, “REPEAL” or “EXPLANATORY NOTE” in Schedule 1 and all matter in Schedules 2, 3 and 4 |
Statute Law (Miscellaneous Provisions) Act (No 2) 1994 No 95 | Sections 3 and 4, the heading and the matter appearing under the heading “AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT” or “EXPLANATORY NOTE” in Schedule 1 and all matter in Schedules 2, 3 and 4 |
Statute Law (Miscellaneous Provisions) Act 1995 No 16 | Sections 3 and 4, all amending matter and the heading and matter appearing under the heading “Commencement”, “Repeal” or “Explanatory note” in Schedule 1 and all matter in Schedules 2–5 |
Statute Law (Miscellaneous Provisions) Act (No 2) 1995 No 99 | Sections 3 and 4 and Schedules 1–5 |
Statute Law (Miscellaneous Provisions) Act 1996 No 30 | Sections 3 and 4, all amending matter and the heading and matter appearing under the heading “Commencement” or “Explanatory note” in Schedules 1 and 2 and all matter in Schedules 3–5 |
Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121 | Sections 3 and 4, all amending matter and the heading and the matter appearing under the heading “Commencement” or “Explanatory note” in Schedule 1 and all matter in Schedules 2–6 |
Statute Law (Miscellaneous Provisions) Act 1997 No 55 | Sections 3 and 4, all amending matter and the heading and the matter appearing under the heading “Commencement” or “Explanatory note” in Schedule 1 and all matter in Schedules 2–5 |
Statute Law (Penalties) Act 1992 No 112 | Whole of Act |
Statute Law (Penalties) Act 1993 No 47 | Whole of Act |
Statute Law Revision (Local Government) Act 1995 No 11 | Whole of Act |
Statutory and Other Offices Remuneration Act 1975 (1976 No 4) | Sections 28 and 29 and Schedule 5 |
Stock (Artificial Breeding) Act 1985 No 196 | Section 44 |
Stock (Chemical Residues) Amendment Act 1996 No 21 | Whole of Act |
Stock Diseases Amendment Act 1997 No 120 | Whole of Act |
Stock Diseases (Board of Tick Control) Amendment Act 1988 No 38 | Whole of Act |
Stock Foods Amendment Act 1996 No 105 | Whole of Act |
Stock Medicines Act 1989 No 182 | Section 68 |
Strata Schemes (Freehold Development) Act 1973 No 68 | Section 159 and Schedule 3 |
Strata Schemes Management (Miscellaneous Amendments) Act 1996 No 139 | Whole of Act |
Subordinate Legislation Act 1989 No 146 | Section 15 |
Summary Offences Act 1988 No 25 | Sections 36–39 |
Superannuation Administration Act 1996 No 39 | Section 132 and Schedule 4 |
Superannuation Legislation (Amendment) Act 1992 No 35 | Whole of Act |
Superannuation Legislation Amendment Act 1996 No 92 | Whole of Act |
Superannuation Legislation Amendment Act 1997 No 42 | Whole of Act |
Superannuation Legislation (Further Amendment) Act 1993 No 111 | Whole of Act |
Superannuation Legislation Further Amendment Act 1997 No 149 | Whole of Act |
Supreme Court Act 1970 No 52 | Section 7 and Second Schedule |
Supreme Court (Amendment) Act 1994 No 14 | Whole of Act |
Supreme Court Procedure Act 1957 No 13 | Sections 6, 8, 11 and 13 and First Schedule |
Sustainable Energy Development Act 1995 No 96 | Section 30 and Schedule 2 |
Swimming Pools Act 1992 No 49 | Section 40 and Schedule 2 |
Sydney Cricket and Sports Ground Amendment Act 1997 No 93 | Whole of Act |
Sydney Market Authority (Dissolution) Act 1997 No 62 | Section 24 and Schedule 1 |
Sydney Organising Committee for the Olympic Games Act 1993 No 67 | Sections 66–68 |
Sydney Organising Committee for the Olympic Games Amendment Act 1997 No 103 | Whole of Act |
Sydney Water Act 1994 No 88 | Sections 108–110 and Schedules 6–8 |
Taxation Administration (Consequential Amendments) Act 1996 No 98 | Whole of Act |
Teacher Housing Authority Act 1975 No 27 | Section 45 and Schedule 1 |
Technical and Further Education Commission Act 1990 No 118 | Section 38 and Schedule 3 |
Telecommunications (Interception) (New South Wales) Amendment Act 1989 No 215 | Whole of Act |
Thoroughbred Racing Board Act 1996 No 37 | Section 51 and Schedule 2 |
Threatened Species Conservation Act 1995 No 101 | Sections 152–154 and Schedules 4–6 |
Timber Industry (Interim Protection) Amendment Act 1994 No 21 | Whole of Act |
Timber Industry (Interim Protection) Amendment Act 1995 No 74 | Whole of Act |
Timber Plantations (Harvest Guarantee) Act 1995 No 92 | Sections 28 and 29 |
Totalizator Act 1997 No 45 | Section 119 and Schedule 1 |
Totalizator Legislation Amendment Act 1997 No 151 | Whole of Act |
Trade Measurement Administration Act 1989 No 234 | Sections 29 and 30 |
Trade Measurement (Amendment) Act 1994 No 7 | Whole of Act |
Transfer of Records Act 1923 No 14 | Section 6 |
Transgender (Anti-Discrimination and Other Acts Amendment) Act 1996 No 22 | Whole of Act |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56 | Whole of Act |
Transport Employees Retirement Benefits Act 1967 No 96 | Sections 66–68 |
Trans-Tasman Mutual Recognition (New South Wales) Amendment Act 1997 No 101 | Whole of Act |
Trustee Amendment (Discretionary Investments) Act 1997 No 102 | Whole of Act |
Trustee Companies Amendment Act 1997 No 46 | Whole of Act |
Trustee Companies Amendment (Reserve Liabilities) Act 1998 No 37 | Whole of Act |
Trustee Companies Further Amendment Act 1997 No 53 | Whole of Act |
Tuberculosis Act 1970 No 18 | Section 4 |
Unclaimed Money Act 1995 No 75 | Section 52 and Schedule 1 |
Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 No 194 | Sections 14 and 15 |
Valuers Registration Act 1975 No 92 | Section 31 |
Very Fast Train (Route Investigation) Act 1989 No 44 | Section 23 |
Victims Compensation Act 1996 No 115 | Section 91 and Schedule 4 |
Victims Rights Act 1996 No 114 | Section 17 and Schedule 2 |
Vocational Education and Training Accreditation Act 1990 No 120 | Section 34 |
Vocational Education and Training Accreditation (Amendment) Act 1993 No 86 | Whole of Act |
Walker Trusts Amendment Act 1997 No 117 | Whole of Act |
Waste Minimisation and Management Act 1995 No 102 | Section 89 and Schedule 6 |
Water Amendment (Charges) Act 1996 No 47 | Whole of Act |
Water and Environmental Planning Legislation Amendment Act 1997 No 63 | Whole of Act |
Wheat Marketing Act 1989 No 211 | Whole of Act |
Witness Protection Act 1995 No 87 | Section 45 |
Women’s College Amendment Act 1997 No 13 | Whole of Act |
WorkCover Legislation Amendment Act 1995 No 89 | Whole of Act |
Workmen’s Compensation (Lead Poisoning—Broken Hill) Amendment Act 1924 No 26 | Whole of Act |
Young Offenders Act 1997 No 54 | Section 74 and Schedule 2 |
Zoological Parks Board Act 1973 No 34 | Section 40 and Schedule 2 |
1 indicates repeal of an Act that was assented to at least 2 years ago and that contains only amendments
2 indicates repeal of an Act that was assented to at least 2 years ago and that contains only amendments and spent provisions
3 indicates repeal of an amending Act whose savings, transitional or other provisions of ongoing effect are transferred to, or re-enacted in, the Principal Act (by Schedule 3 to this Act)
4 indicates repeal of a recent amending Act that contains no substantive provision that needs to be retained, where the amendments made by the Act have been incorporated in a paper reprint of the Act amended
5 indicates repeal of an Act that is no longer of practical utility
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. The Acts that were amended by the Acts or provisions being repealed are up-to-date on the Legislation Database maintained by the Parliamentary Counsel’s Office and are available electronically.
Section 30 (2) of the Interpretation Act 1987 ensures that, when an Act is amended or 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.
(Section 5)
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.
In this clause:
(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.
This clause ensures that certain amendments, including 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.
Except where it is expressly provided to the contrary, if this Act:
(a) amends a provision of an Act, or
(b) repeals and re-enacts (with or without modification) a provision of an Act,
any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.
This clause ensures that the amendment or repeal of a provision will not, unless expressly otherwise provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
Except where expressly provided to the contrary, any regulation made under an Act amended by this Act, and in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.
This clause ensures that, unless expressly provided, any regulation made under an Act amended by the proposed Act, and in force immediately before the commencement of the amendment, will be taken to have been made under the amended Act.
The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
This clause enables the making of regulations of a savings or transitional nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the Act.
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