Statute Law (Miscellaneous Provisions) Act (No 2) 2012 (NSW)

An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.

1Name of Act

This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2012.

2Commencement(1)

This Act commences on 4 January 2013.

(2)

However, the amendments made by the Schedules to this Act 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 in accordance with subsection (1).

3Explanatory notes

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

Schedules 1, 2

(Repealed)

Schedule 3Repeals1, 2

(Repealed)

3Restoration of repealed Act

The repeal of the Law Courts Limited Act 1977 by the Statute Law (Miscellaneous Provisions) Act 2011 is revoked and the Law Courts Limited Act 1977 is taken not to be, and never to have been, repealed.

Schedule 4General savings, transitional and other provisions1Effect of amendment of amending provisions(1)

An amendment made by Schedule 1 or 2 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1 or 2 amendment concerned, taken to have effect as from the commencement of the amending provision (whether or not the amending provision has been repealed).

(2)

In this clause:

amending provision means a provision of an Act or instrument that makes a direct amendment to an Act or instrument by:

• (a)

  the repeal or omission of matter contained in the amended Act or instrument without the insertion of any matter instead of the repealed or omitted matter, or

• (b)

  the omission of matter contained in the amended Act or instrument and the insertion of matter instead of the omitted matter, or

• (c)

  the insertion into the amended Act or instrument of matter, not being matter inserted instead of matter omitted from the Act or instrument.

Explanatory note

This clause ensures that certain amendments, including amendments correcting errors in 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 be taken to have commenced on the date the amendments to which they relate commenced.

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

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

• (a)

  amends a provision of an Act or an instrument, or

• (b)

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

any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.

Explanatory note

This clause ensures that the amendment or repeal of a provision will not, unless expressly provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.

3Effect of amendment on instruments

Except where expressly provided to the contrary, any instrument made under an Act amended by this Act, that is in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.

Explanatory note

This clause ensures that, unless expressly provided, any instrument that is in force and made under a provision of an Act that is amended or substituted by the proposed Act will be taken to have been made under the Act as amended.

4Revocation of repeal

Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or instruments, or provisions of Acts or instruments, by this Act.

Explanatory note

The effect of this clause is to enable the Governor, by proclamation, to revoke the repeal by the proposed Act of any Act or instrument or any provision of an Act or instrument. The Act, instrument or provision the subject of the revocation of repeal is taken not to be, and never to have been, repealed.

5Regulations(1)

The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:

• (a)

  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

• (b)

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

Explanatory note

This clause enables the making of regulations of a 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 proposed Act.

Air Transport Act 1964 No 36—Schedule 2

Apprenticeship and Traineeship Act 2001 No 80—Schedule 1

Australian Museum Trust Act 1975 No 95—Schedule 1

Biofuels Act 2007 No 23—Schedule 1

Boorowa Local Environmental Plan 2012—Schedule 2

Child Protection (Working with Children) Act 2012 No 51—Schedule 1

Children and Young Persons (Care and Protection) Act 1998 No 157—Schedules 1 and 2

Community Land Development Regulation 2007—Schedule 2

Compensation to Relatives Act 1897 No 31—Schedule 2

Contaminated Land Management Act 1997 No 140—Schedule 2

Co-operatives (Adoption of National Law) Act 2012 No 29—Schedule 2

Crime Commission Act 2012 No 66—Schedule 1

Criminal Procedure Act 1986 No 209—Schedules 1 and 2

Election Funding, Expenditure and Disclosures Act 1981 No 78—Schedules 1 and 2

Fair Trading Act 1987 No 68—Schedule 2

First State Superannuation Act 1992 No 100—Schedule 2

Government Information (Public Access) Act 2009 No 52—Schedule 2

Gunnedah Local Environmental Plan 2012—Schedule 2

Hawkesbury Local Environmental Plan 2012—Schedule 2

Health Care Complaints Act 1993 No 105—Schedule 2

Health Records and Information Privacy Act 2002 No 71—Schedule 2

Independent Commission Against Corruption Act 1988 No 35—Schedule 1

Independent Pricing and Regulatory Tribunal Act 1992 No 39—Schedule 2

Industrial Relations Act 1996 No 17—Schedule 2

Law Enforcement (Powers and Responsibilities) Act 2002 No 103—Schedule 2

Library Act 1939 No 40—Schedules 1 and 2

Local Government Act 1993 No 30—Schedule 1

Merriwa Local Environmental Plan 1992—Schedule 2

Mining Act 1992 No 29—Schedule 2

Museum of Applied Arts and Sciences Act 1945 No 31—Schedule 1

Non-Indigenous Animals Regulation 2012—Schedule 2

Parliamentary Electorates and Elections Regulation 2008—Schedule 1

Petroleum (Onshore) Act 1991 No 84—Schedule 2

Privacy and Personal Information Protection Act 1998 No 133—Schedule 2

Public Authorities (Financial Arrangements) Regulation 2005—Schedule 2

Public Finance and Audit Act 1983 No 152—Schedules 1 and 2

Public Sector Employment and Management Act 2002 No 43—Schedule 2

Racing Administration Act 1998 No 114—Schedule 1

Residential Tenancies Act 2010 No 42—Schedule 1

Retirement Villages Act 1999 No 81—Schedule 2

Richmond Valley Local Environmental Plan 2012—Schedule 2

Road Transport (General) Regulation 2005—Schedule 2

Road Transport (Safety and Traffic Management) Regulation 1999—Schedule 2

Special Commissions of Inquiry Act 1983 No 90—Schedule 1

State Authorities Non-contributory Superannuation Act 1987 No 212—Schedule 2

State Authorities Superannuation Act 1987 No 211—Schedule 2

State Emergency and Rescue Management Act 1989 No 165—Schedule 2

State Emergency Service Act 1989 No 164—Schedule 1

Superannuation Act 1916 No 28—Schedule 2

Supreme Court Rules 1970—Schedule 2

Sydney Opera House Trust Act 1961 No 9—Schedule 1

Tow Truck Industry Regulation 2008—Schedule 2

Transport Administration Act 1988 No 109—Schedule 2

Travel Agents Act 1986 No 5—Schedule 1

Universities Governing Bodies Act 2011 No 51—Schedule 1

Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010 No 8—Schedule 2

Water Management Act 2000 No 92—Schedules 1 and 2

Water Management (General) Regulation 2011—Schedule 2

Water Sharing Plan for the Lachlan Unregulated and Alluvial Water Sources 2012—Schedule 2

Water Sharing Plan for the NSW Border Rivers Unregulated and Alluvial Water Sources 2012—Schedule 2

West Scholarships Act 1930 No 19—Schedule 2

Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2012—Schedule 2

Appropriation Act 2011 No 42

Appropriation (Supply and Budget Variations) Act 2011 No 14

Statute Law (Miscellaneous Provisions) Act 2011 No 27

Statute Law (Miscellaneous Provisions) Act 2012 No 42

Legal Profession Regulation 2005

Ports and Maritime Administration Act 1995 No 13

State Environmental Planning Policy (State and Regional Development) 2011

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

State Environmental Planning Policy (Western Sydney Employment Area) 2009

Sutherland Shire Local Environmental Plan 2006

Water Management Act 2000 No 92