Statute Law (Miscellaneous Provisions) (No 2) Act 1989 (NSW)
STATUTE LAW (MISCELLANEOUS PROVISIONS) (N a 2) ACT
1989 No. 132
NEW SOUTH WALES
^ 4
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendments
4. Repeals
5. General savings, transitional and other provisions
6. Explanatory notes
SCHEDULE 1 - MINOR AMENDMENTS
Building and Construaion Industry Long Service Payments Act 1986 No. 19
Children (Detention Centres) Act 1987 No. 57
Commonwealth Powers (F a i^ y Law - Children) Act 1986 No. 182
Criminal Procedure Act 1986 No. 209
Dormant Funds A a 1942 No. 25
Factories, Shops and Industries Act 1962 N a 43
Industrial Arbitration Act 1940 No. 2
Justices Act 1902 No. 27
Land and Environment Court Act 1979 No. 204
Liquor A a 1982 No. 147
Local Government Art 1919 No. 41
Prisons A a 1952 No. 9
Registered Clubs A a 1976 No. 31
Rural Workers Accommodation A a 1969 No. 34
Trade Union A a 1881 (45 Vic No. 12)
Traffic Act 1909 No. 5
Act No. 132
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE LAW REVISION
SCHEDULE 3 - REPEALS
SCHEDULE 4 - GENERAL SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS
STATUTE LAW (MISCELLANEOUS PROVISIONS) (N a 2) ACT
1989 N a 132
NEW SOUTH WALES
Act Na 132, 1989
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. (A ^ n te d to 5 September 1989]
Act No. 132
Statute Law (Miscellaneous Provisions) (No. 2) 1989
The Legislature of New South Wales enacts;
Short title
1. This Act may be cited as the Statute Law (Miscellaneous
Provisions) (No. 2) Act 1989.
Commencement
2. This Act commences on the date of assent, except as provided in
Schedules 1 and 2.
Amendments
3. Each Act specified in Schedules 1 and 2 is amended as set out in
those Schedules.
Repeats
4. Each Act specified in Schedule 3 is repealed.
General savings, transitional and other provisions
5. Schedule 4 has effect
Explanatory notes
6. The matter appearing under the heading "Explanatory note" in any of the Schedules does not form part of this Act
Stamte Law {Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS
(Sec. 3)
BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE
PAYMENTS ACT 1986 No. 19
.\mendmeat
Section 19 (Cancellation of registration):
Omit "21 days" from section 19 (3) (a), insert instead "42 days".
Explanatory note
If, under section 19 (3) of the Act, the Building and Construction Industry Long Service Payments Corporation cancels the registration of a registered worker, it is required to remove the name of the worker from the register of workers on the expiration of the period of 21 days after it has notified the worker of the cancellation. The proposed amendment extends that period to 42 days which is currently the prescribed time within which an appeal against a cancellation may be made under section 54 of the Act
Aft No, 132
Statute Law (Miscellaneous Provisions) (No, 2) 1989
SCHEDULE i - MINOR AMENDMENTS - continued
CHILDREN (DETENTION CENTRES) ACT 1987 No. 57
Amendment
Section 21 (1) (e) (as inserted by Act No. 87, 1989);
Omit "other than a term which is cumulative on a minimum terra", insert instead "other than a term which is cumulative and which has not commenced".
Commencement
The proposed amendment to the Children (Detention Centres) Act 1987 commences or is to be taken to have commenced on the commencement of item (2) of the amendments relating to the Children (Detention Centres) Act 1987 in Schedule 4 to the Sentencing Act 1989.
Explanatory note
The proposed amendment makes a minor alteration to the provisions relating to discipline at detention centres to ensure that punishments by way of an extension of a sentence (introduced by the Sentencing Act 1989 to replace long remissions) are not doubled where the detainee is subject to a fixed term that is cumulative.
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
COMMONWEALTH POWERS (FAMILY LAW - CHILDREN)
ACT 1986 No. 182
Amendment
| (1) | Section 3 (Reference of certain matters relating to children): In section 3 (2) (d), after the word "State,", insert "or other body,". |
(2) Schedule 1 (Acts):
At the end of Schedule 1, insert
Disability Services and Guardianship Act 1987
Explanatory note
The Act refers to the Parliament of the Commonwealth power to legislate for certain matters relating to children. Section 3 (3) of the Act defines "children" as being persons under the age of 18 years and extends the reference to cover certain persons over that age who are undergoing courses of education or who are physically or mentally handicapped.
Schedule 1 to the Act specifies the Acts which, so far as they confer powers relating to the custody, guardianship, care or control of children, are not affected by the reference.
The proposed amendment includes in Schedule 1 the Disability Services and Guardianship Act 1987. The proposed amendment will ensure that the reference of power does not;
| (a) | include the taking (or the making of provision for or in relation to authorising the taking) of action that would prevent or interfere with the Guardianship Board’s functions in relation to guardianship orders and consents to medical and dental treatment under that Act; or |
| (b) | prevent the Guardianship Board from making orders, or taking any other action under that Act in relation to the custody, guardianship, care or control of children or access to children or the supervision of children. |
Act No. 132
Statute Law ( Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
CRIMINAL PROCEDURE ACT 1986 No. 209
Amend men ts
(1) Section 8 (Listing):
Omit section 8 (1), insert instead:
| (1) | The Criminal Listing Director is, subject to the |
regulations, to make arrangements for the listing of criminal proceedings before the Supreme Court or the District Court
(1 A) In making such listing arrangements, the Criminal Listing Director is responsible to:
| (a) | the Chief Justice of the Supreme Court, in the case of criminal proceedings before that Court; or |
| (b) | the Chief Judge of the District Court, in the case of criminal proceedings before that Court |
| (2) | Section 23 (Consequences of taking olTences into account): |
After "respect" in section 23 (7), insert "of.
Commencement
Item (2) of the amendments to the Criminal Procedure Act 1986 is to commence or is to be taken to have commenced on the commencement of Schedule 1 to the Criminal Procedure (Sentencing) Amendment Act 1989.
Explanatory note
The proposed amendments:
| (a) | provide that the Criminal Listing Director is responsible to the Chief Justice of the Supreme Court (in the case of criminal proceedings before that Court) or the Chief Judge of the District Court (in the case of criminal proceedings before that Court) when making arrangements for the listing of those proceedings (item (1)); and |
| (b) | corrects a grammatical error consisting of the omission of a vrord (item (2)). |
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
DORMANT FUNDS ACT 1942 N a 25
.Amendments
Section 16 (Procedure of Charity Referees);
(1) Omit the first paragraph of section 16 (4), insert instead:
(4) The costs of and incidental to:
| (a) | an appeal under section 2 (3) against a determination of the Commissioner, and |
| (b) | a request under section 13 to refer a proposal to the Charity Referees and of the proceedings on such a reference, |
are to be in the discretion of the Charity Referees who may determine by whom and to what extent costs arc to be paid.
(5) The Charity Referees may determine that those costs are to be paid out of the fund concerned.
(6) The Charity Referees may, in determining the costs of and incidental to a successful appeal under section 2 (3) against a determination of the Commissioner, order the trustees of the fund concerned in the appeal to pay out of the fund the costs incurred by the Commissioner prior to the appeal in making the determination.
(7) Costs payable out of a fund pursuant to an order
under subsection (6) must not exceed 1 per cent of the
value of the fund, as determined by the Charity Referees.
(2) From section 16 (4), omit "The costs", insert instead "(8)
The costs".
| (3) | From section 16 (4), omit "The amount", insert instead "(9) The amount". |
Commencement
The amendments to the Dormant Funds Act 1942 commence on a day to be appointed by proclamation.
Act No. 132
Statute Law ( Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
Trans itioaal
Section 16 of the Dormant Funds Act 1942, as in force immediately before the commencement of the amendments to that Act made by this Schedule, continues to apply to an appeal or request made before that commencement.
Explanatory note
The Dormant Funds Act 1942 makes provision for the utilisation of funds collected or acquired for charitable or other public purposes which arc dormant
The Commissioner of Dormant Funds makes a determination as to whether a fund is dormant and formulates proposals for the application of dormant funds.
An appeal against the determination that a fund is dormant may be made to the Charity Referees. The Charity Referees may also be requested to consider proposals for the application of a dormant fund referred to them.
The proposed amendments:
| (a) | allow the Charity Referees (who already have the discretion to make orders as to costs in relation to the reference of proposals to them under section 13 of the Dormant Funds Act 1942) a discretion to make orders as to costs in relation to appeals a^ in st a determination that a fund is dormant (proposed section 16 (4) (a)); and |
| (b) | enable the Charity Referees to award the payment of costs out of the fund concerned in both instances referred to in paragraph (a) (proposed section 16 (5)); and |
| (c) | enable the Charity Referees, in the event of a successful appeal, to order the pajment of the costs of the Commissioner in making a determination that a fund is dormant from the fund concerned (proposed section 16 (6)). |
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
FACTORIES, SHOPS AND INDUSTRIES ACT 1962 No. 43
.\mendinetit
Part 7 (Outdoor work in the clothing trades):
Omit the Part
Commencement
The amendment to the Factories, Shops and Industries Act 1962
commences on a day to be appointed by proclamation.
Repeal of Regulations
The Regulations relating to outdoor workers deemed to be made under the Factories, Shops and Industries Act 1962 and published in the Gazette of 18 April 1935 at page 1732 are repealed.
Explanatory note
The proposed amendment omits Part 7 of the Act, the provisions of which deal with the licensing of outdoor workers in the clothing trades and the keeping of records in respect of the "giving-out" of clothing work. These provisions have become ineffective and obsolete in light of the relevant Clothing Trades (State) Award which effectively covers "outworkers" in the clothing trades.
Act No. U 2
Statute Law (Miscellaneous Provisions) (l^o. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
INDUSTRIAL ARBITRATION ACT 1940 No. 2
Amendments
| (1) | Section 8 (Registration of industrial union of employees and of other matters relating to industrial unions generally): | |||
| ||||
| (2) | Section 9 (Cancellation of registration after issue of certificate of withdrawal): |
Before "employees" wherever occurring in section 9, insert
"employers or".
| (3) | Section II (P ow r to make industrial agreements): | |||
|
(4) Section 15 (Conciliation commissioners):
From section 15 (5) (b), omit "Minister", insert instead
"Vice-President".
(5) Section 18 (Conciliation committees):
After section 18 (lA), insert:
(IB) If the commission:
| (a) | alters the assignment of the industries or callings to a committee; or |
| (b) | establishes a new committee following the dissolution of another committee, |
the registrar may amend the instrument establishing any committee that refers to the industries or calling of the affected committee by omitting or amending the references accordingly.
Statute Law (Miscellaneous Provisions) (Mo. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
(6) Section 77G (Awards, orders and determinations):
| (a) | After "by the chairman’*, insert "or by another person prescribed for the purposes of this section". |
| (b) | Omit "Subject to this section the registrar shall publish the award, order or determination, when signed, in the Gazette, and shall notify the parties in the prescribed manner.", insert instead: |
| (2) After an award, order or determination is signed, the registrar must notify the parties in the prescribed manner. |
| (7) | Section 90 (Copy of Gazette to be evidence): (a) From section 90 (1), omit "order,". | |||
| ||||
| (d) After section 90 (2), insert |
(3) Evidence of any industrial agreement or agreement made under section 91H or variation of such an agreement may be given by the production:
| (a) | of a copy of the agreement or variation certified by the registrar to be a true copy; or |
| (b) | of a copy of the Gazette or the Industrial Gazette in which the agreement or variation was published. |
(8) Section 91H (Certain agreements may be entered into):
Omit section 91H (8).
(9) Section 96 (Hme-sheets and pay-sheets to be kept):
(a) From section 96 (1), omit ", correctly written up in ink".
| (b) | After "business" in section 96 (1), insert "or, with the approval of the registrar, at some other place". |
| (c) | From section 96 (1), omit "It shall be a sufficient compliance with the foregoing provisions of this subsection if such records are kept by means of some mechanical |
Act No. 132
Statute Lmw (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
device of a type approved by the commission; such" insert
instead "such".
| (d) | After "condition" in section 96 (1), insert "in accordance with an approval in writing from the registrar". |
(10) Section 111 (Pow rs of commisstoo to enforce certain
agreements):
Omit "shall have been filed with the commission", insert instead "have been filed with the commission prior to or at the time proceedings under this section are instituted".
| (11) | Sections 121 (Recovery of penalties) and 123 (Orders for cost): Omit "section 82" wherever occurring, insert instead "section 87'. |
| (12) | Section 129B (Preference to unionists): |
From section 129B (2) (e), omit "twenty^one days o f, insert instead "the prescribed period after".
Commencement
The amendments to the Industrial Arbitration Act 1940 commence on a day or days to be appointed by proclamation.
Transitional
An approval of a type of mechanical device for the purposes of section 96 (1) of the Industrial Arbitration Act 1940 as in force immediately before the commencement of the amendments to that section is to be taken to be an approval given by the registrar for the purposes of that section as in force after the commencement of those amendments.
Explanatory note
The proposed amendments:
| (a) | enable the industrial registrar (who is responsible for registering trade unions under the Act) to remove the name of |
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
an industrial union that has ceased to exist from the Register of Industrial Unions (at present this essentially administrative function is exercised by the Industrial Commission) (item (1)); and
| (b) | enable industrial unions of employers to seek cancellation of registration under section 9 of the Act by requesting issue of a certificate of withdrawal from the industrial registrar (at present only an industrial union of employees may use this procedure for cancellation) (item (2)); and |
| (c) | make it clear that the registrar need only accept an agreement for filing as an industrial agreement under section 11 of the Act if it satisfies the criteria for an industrial agreement set out in that section (item (3)); and |
| (d) | amend section 15 of the Act so that the Vice-President of the Industrial Commission instead of the Minister for Industrial Relations and Employment (or, by virtue of section 14B of the Act, the Vice-President's delegate) may grant leave for a conciliation commissioner to be absent &om duty (item (4)); and |
| (e) | enable the registrar, under section 18 of the Act, to remove references to obsolete conciliation committees from instruments establishing committees for industries and callings or assigning or altering the assignment of industries or callings to committees (item (5)); and |
| (f) | enable the award or order of a committee or contract determination of a tribunal to be signed by a person other than the Chairman of the committee or tribunal (item (6) (a)); and |
| (g) | update section 77G (so as to make it consistent with present practice) by omitting the requirement for the registrar to publish the awards or orders of committees and contract determinations of tribunals in the Gazette (item (6) (b)); and |
| (h) | make provision for certified copies of orders to be evidence of the orders and for certified copies or copies of agreements published in the Gazette or Industrial Gazette to be evidence of industrial agreements and agreements under section 91H (item (7)); and |
Act No, 132
Stamie Law ( Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
(i) repeal the requirement that agreements registered under section 91H must be published in the Gazette (notice will in future be given in the same way as it is given in relation to industrial agreements) (item (8)); and
| (j) | enable the records of time-sheets and pay sheets required to be kept under section 96 of the Act to be kept in modem forms (item (9)); and |
| (k) | make it clear that agreements that must be filed before they may be enforced under section 111 of the Act may be filed at the same time as the papers instituting proceedings for enforcement (item (10)); and |
| (l) | up-date certain references to section 82 of the Justices Act 1902 as a consequence of the enactment of Miscellaneous Acts (Fine Default) Amendment Act 1987 (item (11)); and |
| (m) | enable the period within which a person may appeal against refusal of an application for a certificate of escemption from membership of an industrial union under section 129B of the Act to be prescribed (it is proposed to prescribe an increased period of 28 days to be consistent with other appeal periods under the Act) (item (12)). |
Stamte Law (Miscellaneous Provisions) (No. 2) 198y
SCHEDULE 1 - MINOR AMENDMENTS - continued
JUSTICES ACT 1902 No. 27
.Amendments
Section 48B (Copies of statements to be given etc.):
(1) From section 48B (1) (c) and (4), omit "date of birth"
wherever occurring, insert instead "age".
(2) From section 48B (4), omit "a date", insert instead "the
age".
Commencement
The amendments to the Justices Act 1902 commence on a day to be
appointed by proclamation.
Transitional
Section 48B of the Justices Act 1902, as in force immediately before the commencement of the amendments to that Act made by this Schedule, continues to apply to written statements for committal proceedings prepared before that commencement
Explanatory note
At present a written statement by a witness is not admissible as evidence in committal proceedings (to the same extent as if it were oral evidence given by the witness) unless the date of birth of the witness is specified in the statement The date of birth specified could be used to obtain personal details relating to the witness. The proposed amendments preserve the privacy of witnesses by requiring that the written statement specify the a ^ of the witness rather than his or her date of birth.
The amended section 48B (1) will read (in part) as follows:
(1) A written statement is not admissible as evidence under section 48A in any committal proceedings i£
| (c) | the [date o f birth] age of the person who made the statement is not specified in the statement; |
Matter to be omitted is shown in italics and matter to be inserted is shown in bold type.
Act No, 132
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
LAND AND ENVIRONMENT COURT ACT 1979 No, 204
Amendments
Section 69A
After section 69, insert
Interest payable on money ordered to be paid
69A (1) If an order is made by the Court for the payment of money, interest is payable at the prescribed rate from the date the order takes effect on so much of the money as is from time to time unpaid, unless the Court otherwise orders.
(2) This section does not apply in the case of money ordered to be paid as a penalty.
Commencement
The amendment to the Land and Environment Court Act 1979
commences on a day to be appointed by proclamatiorL
Transitional
Section 69A of the Land and Environment Court Act 1979 does not apply to an order for the payment of money made before the commencement of that section.
Explanatory note
The proposed amendment requires the payment of interest on amounts unpaid under an order of the Land and Environment Court for the payment of money, unless the Court orders that interest is not payable. The interest is payable from the date of the order concerned and the rate of interest is to be prescribed by the regulations. Similar provision is currently made for the payment of interest on amounts ordered to be paid by the Supreme Court
Statute Law ( iXfiscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
LIQUOR ACT 1982 N a 147
Amendments
| (1) | Section 56 (Fee for grant of licence etc.): |
In section 56 (5) (b), after "20 (2A)", insert "or varies a condition under section 20 (2B)".
| (2) | Section 69 (Disciplinary powers of court): |
From section 69 (1) (g), omit "or (g)", insert instead "or
(h)".
| (3) | Section 80 (Periodic licence fee): |
From section 80 (2) (a), omit "imposed by the court as referred to in section 20 (2A)*', insert instead "imposed under section 20 (2A), or varied under section 20 (2B),".
| (4) | Section 138C (Supply of approved amusement devices): |
Before section 138C (3), insert
(2B) Subsection (2) does not apply to a person who sells the approved amusement device having obtained possession of it by ejcercising a power or proprietary right under financial or other arrangements approved by the Board under section 20A(1) (b).
(5) Section 151B:
After section 151 A, insert
Secrecy - approved amusement devices
151B. (1) In this section:
"officer" means a person who is an authorised person for
the purposes of section IlOA or any other person
engaged in the administration of this Act;
"protected information" means information given or the
contents of a document produced:
| (a) | under Division 4 of Part 3 in relation to an application for an amusement device dealer’s licence, an amusement device seller’s licence or an amusement device technician’s licence; or |
(b) under section llOA.
Act No. 132
Statute Lmw (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
(2) An officer must not disclose protected information to any person except
| (a) | while engaged in the administration of this Act, to another person so engaged, having informed the other person that the information is protected information under this section; or |
| (b) | with the written permission of the Board given in relation to the disclosure. |
Penalty: $2,000.
(3) A former officer must not, without the written
permission of the Board, disclose to any person protected information that came to his or her knowledge in the course of the administration of this Act.
Penalty: $2,000.
(4) The permission of the Board referred to in
suteections (2) and (3) may be granted only if the Board
is satisfied that to do so w u ld be in the public interest.
(5) It is not a contravention of subsection (2) or (3) if, in any legal proceedings, a person discloses protected information in answering a question the person is compellable to answer in those proceedings.
Commencement
Items (1) and (3) of the amendments to the Liquor Act 1982 are to be taken to have commenced on 13 April 1987 (being the date of commencement of section 20 (2B) of that Act),
Item (4) of the amendments to the Liquor Act 1982 commences on
a day to be appointed by proclamatioiL
Transitional
Section 151B of the Liquor Act 1982 applies to information given, and documents produced, before (as well as after) the commencement of that section.
Statute Law (Miscellaneous Provisions) (Mo. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - conHnued
Explanatory note
The proposed amendment to section 56 of the Act provides that when a condition on a licence authorising the operation of an approved amusement device is varied, the variation does not take effect until the appropriate fee is paid and the variation is endorsed on the licence. Such a provision currently applies to the imposition of the original conditioa The amendment to section 80 of the Act is consequential on this amendment The retrospective commencement of the amendment validates payments of fees that have already been made in respect of the variation of conditions.
The proposed amendment to section 69 of the Act corrects an existing cross-reference.
The proposed amendment to section 138C of the Act creates an exception to the offence of selling an approved amusement device without a licence. The exception applies to a person who obtains possession (e.g. by repossession) of the amusement device under a financing or other arrangement approved by the Board. Such a person is currently excepted from the offence of possessing an approved amusement device without a licence.
New section 151B imposes a requirement of secrecy on persons who in the exercise of inspectorial powers or administrative functions under the Act obtain information or documents concerning approved amusement devices or applications for licences concerning those devices. Under the proposed section the information or documents will not be able to be disclosed except in the following circumstances:
| . | in the course of administration of the Act, to a person engaged in that administration, so long as that person is informed that the information or documents is or are protected under the section; |
| . | with the permission of the Board which can only be given if it is in the public interest to do so; |
| . | in answer to a question in legal proceedings that the person is compellable to answer. |
A parallel provision exists currently in section 131 of the Registered Clubs Act 1976 in relation to information and documents concerning poker machines.
Act No. 132
Siatute Law (Mixellaneous Provisions) (No, 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
LOCAL GOVERNMENT ACT 1919 No. 41
Amendments
Section 270N (Application of money from parking meters):
(a) After "therein;" in section 270N (1) (a), insert "and".
(b) Omit section 270N (1) (b).
(c) Omit section 270N (3) (a).
| (d) | From section 270N (4), omit "and the Commissioner of Police, or between the council or councils concerned and the Roads and Traffic Authority, as the case may be,", |
Commencement
The amendments to the Local Government Act 1919 are to be taken
to have commenced on 31 December 1987.
Explanatory note
Under section 270N of the Local Government Act 1919 councils have in the past been required to contribute to the cost of police supervision and enforcement of the provisions of the Act relating to metered zones, metered spaces and parking meters within their areas from the fees and charges collected in respect of the operation of the meters. The requirement was abolished by administrative action with effect from 31 December 1987. The proposed amendments will validate the abolition of the requirement by repealing the relevant provisions of the Act with effiect &om that date.
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
PRISONS ACT 1952 No. 9
Amendments
| (1) | Section 26B (Imposition of penalty by Msiting Justice): |
From 26B (1) (e) (as inserted by Act No. 87, 1989), omit "other than a term which is cumulative on a minimum term", insert instead "other than a terra which is cumulative and which has not commenced".
| (2) | Section 41A (Royal prerogative of mercy preserved): |
From section 41 A, omit "(including Part 11)".
Commencement
Item (1) of the amendments to the Prisons Act 1952 commences or is to be taken to have commenced on the commencement of item (2) of the amendments to Schedule 3 to the Sentencing Act 1989.
Item (2) of the amendments to the Prisons Act 1952 commences or is to be taken to have commenced on the repeal of Part 11 of the Prisons Act 1951
Explanatory note
The proposed amendment to section 26B of the Prisons Act 1952 makes a minor alteration to the provisions relating to discipline at prisons to ensure that punishments by way of an extension of a sentence (introduced by the Sentencing Act 1989 to replace long remissions) are not doubled where the prisoner is subject to a Sxed term that is cumulative.
The proposed amendment to section 41A of the Prisons Act 1952
removes a reference to the grant of remissions that is obsolete as a
consequence of the abolition of remissions by the Sentencing Act 1989.
Act No. 132
Statute Law ( Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - conHnued
REGISTERED CLUBS ACT 1976 No. 31
Amendment
Section 111 A
After section 111, insert
Records and registers • general requirements
111 A If a registered club is required by this Act to keep a register or record, the club must
| (a) | keep the record or register in the English language; and |
| (b) | retain the record for at least 5 years after it is made and retain the register for at least 5 years after the date of the last entry made in it |
Penalty: $2,(X)0.
Commencement
The amendment to the Registered Clubs Act 1976 commences on
a day to be appointed by proclamation.
Explanatory note
The proposed amendment requires that the records and registers kept by a registered club under the Act be kept in the English language and be retained for at least 5 years.
Statute Lm w (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
RURAL WORKERS ACCOMMODATION ACT 1969 No. 34
.\mendmeats
(1) Section 11 (Offences in relation to accommodation):
After "foodstuffs" in section 11 (b), insert "or beverages".
(2) The Schedule:
| (a) | Omit clause (26) (i) of Part 1 of the Schedule, insert instead: |
(i) Refrigeration is to be provided for the use of rural workers for storing perishable foodstuffs and beverages intended for consumption by the rural workers.
| (b) | Omit clause (8) (iii) of Part 2 of the Schedule, insert instead: |
(iii) not less than 220 litres of refrigeration for storing perishable foodstuffe and beverages; and
Explanatory note
At present, a person who is responsible for the provision of accommodation for rural workers is required to provide refrigeration for the use of rural workers between 15 September of any year and 15 May of the following year. The proposed amendments extend that requirement to all-year round and also provide that, for small groups of rural workers, there must be provided refrigeration capacity of not less than 220 litres for storing perishable foodstuff and beverages instead of 110 litres as is presently required. Also, the existing requirement to provide refrigeration for storing perishable foodstuffe and the existing offence contained in section 11 (offences in relation to accommodation) which relates to using a means of refrigeration for a purpose other than for storing perishable foodstuffe, are both extended to include the storing of beverages.
Act No. 132
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
TRADE UNION ACT 1881 (45 Vic. N a 12)
Amendments
| (1) | Section 14 (Regulations for registry): (a) Omit section 14 (3), insert instead: |
| (3) | A trade union is not to be registered under a name: | |||
|
or so similar to, or so closely resembling, such a name as
to be likely to mislead the public.
| (b) | From section 14 (6), omit "not exceeding the fees specified In the Second Schedule to this Act". |
(2) Section 16 (Rules of registered trade unions):
After "ten cents" in section 16 (2), insert "or such greater sum as may be prescribed".
(3) Second Schedule (Maximum fees):
Omit the Schedule.
Commencement
The amendments to the Trade Union Act 1881 commence on a day
or days to be appointed by proclamatioa
Savings
The amendment to section 14(3) of the Trade Union Act 1881 does not affect a trade union registered before the commencement of the amendments.
Explanatory note
At present section 14 (3) of the Act provides that a trade union
cannot be registered under a name identical to that of an existing trade
union or so resembling it as to be likely to deceive the public. The
Statute Law { Miscellaneous Provisions) ( No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
proposed amendment to section 14 (3) will extend this prohibition against registration to include registration under a name identical to that of an industrial union of employees or under a name so similar to the name of either an existing trade union or an industrial union of employees as to be likely to mislead the public.
The proposed amendment to section 14 (6) and repeal of the Second Schedule will omit the limitation as to the maximum fee that may be prescribed with respect to registration under the Act
The proposed amendment to section 16 will enable the regulations to prescribe a sum greater than 10 cents as the maximum that may be demanded by a trade union for delivery of a copy of its rules to a persoa
Acl No. 132
Statute Law ( Nfiscellaneous Provisions) (No. 2) 1989
SCHEDULE 1 - MINOR AMENDMENTS - continued
TRAFFIC ACT 1909 No. 5
Amendments
Section 5 (Offences);
From section 5 (2) (a) and (b), omit "motor" wherever occurring.
Commencement
The amendments to the Traffic Act 1909 commence on a day to be
appointed by proclamatioa
Explanatory note
Prior to the enactment of the Motor Traffic (Transport Administration) Amendment Act 1988 provision for the regulation of traffic was made by two Acts. The Motor Traffic Act 1909 regulated motor vehicles. The General Traffic Act 1900 regulated vehicles other than motor vehicles. The 1988 Act renamed the Motor Traffic Act 1909 as the Traffic Act 1909 and transferred most of the General Traffic Act 1900 provisions regulating vehicles to it so as to consolidate the provisions regulating traffic in one Act This enabled the repeal of the 1900 Act
The proposed amendment will include within section 5 of the Traffic Act 1909 an offence formerly contained in section 9A of the repealed Act which was not transferred by the 1988 Act
The amended provision will read;
| (2) | Any person who, while under the influence of alcohol |
or any other drug
(a) drives a [motor] vehicle;
| (b) | occupies the driving seat of a [motor] vehicle and attempts to put such [motor] vehicle in motion; or |
Matter to be omitted is shown in italics.
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 • AMENDMENTS BY WAY OF STATUTE LAW
REVISION
(Sec. 3)
ARCHIVES ACT 1960 No. 46
Amendments
| (1) | Section 4 (Members of the Authority): |
From section 4 (6), omit "Public Service Act, 1902, or any Act amending that Act,", insert instead "Public Sector Management Act 1988".
| (2) | Section 5 (Vacation of ofHce); |
From section 5 (f), omit "paragraph (a) or (g) of subsection
(2) of section 4", insert instead "section 4 (2) (a)".
| (3) | Section 7 (Procedure, quorum etc.): |
From section 7 (4) (b), omit "chairman", insert instead
"chairperson".
| (4) | Section 12 (Officers and employees): | |||||
|
(5) Section 14 (Transfer of archives to the Authority):
| (a) | From section 14 (6) (b), omit "subparagraph (ii) of paragraph (a)", insert instead "paragraph (a) (ii)". |
| (b) | From section 14 (6) (c) (i), omit "subparagraph (i) of paragraph (a)", insert instead "paragraph (a) (i)". |
| (c) | From section 14 (6) (c) (ii), omit "subparagraph (ii) of paragraph (a)", insert instead "paragraph (a) (iiy*. |
Act No. 132
Statute Ljxw (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
| (6) | Section 20 (Power to accept gifts etc): |
From section 20 (3), omit ", or in any Act amending that Act, whether passed before or after the commencement of this Act,".
(7) Section 21 (By-laws):
From section 21 (2), omit "paragraph (a), (c) or (d) of subsection (1)", insert instead "subsection (1) (a), (c) or (d)".
| (8) | Section 22 (Proceedings for offences): |
From section 22, omit "a stipendiary magistrate or any two justices in petty sessions", insert instead "a Local Court constituted by a Magistrate sitting alone or by any 2 justices".
Explanatory note
The proposed amendments update certain provisions and references as a consequence of the Public Sector Management Act 1988 and the Local Courts Act 1982 as well as re-casting cross-references in modem form and updating an expression to gender-neutral language.
Statuie Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
ART GALLERY OF NEW SOUTH WALES ACT 1980 No. 65
Amendments
(1) Section 3 (Arrangement):
Omit the section.
| (2) | Section 11 (OfTlcers and employees): | |||
|
(3) Section 23 (By-laws):
After section 23 (3), insert
| (4) | Proceedings for an offence against a by-law are to be |
dealt with summarily before a Local Court constituted by
a Magistrate sitting alone.
| (4) | Schedule 1 (Provisions relating to trustees and procedure of the trust): |
From clause 3, omit "Public Service Act, 1979,", insert instead "Public Sector Management Act 1988 (Part 8 excepted)".
Explanatory note
The proposed amendments update certain provisions and references as a consequence of the Public Sector Management Act 1988 and the Local Courts Act 1982 and also repeal an arrangement provision which is unnecessary because of the current practice of reprinting Acts with a table of provisions.
Act No. 132
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
AUSTRALIAN MUSEUM TRUST ACT 1975 No. 95
Amendments
| (1) | Section 3 (Division of Act): |
Omit the section.
(2) Section 11 (Officers and employees):
| (a) | From section 11 (1), omit "Public Service Act, 1902", insert instead "Public Sector Management Act 1988". |
| (b) | From section 11 (2), omit "Public Service Act, 1902,", insert instead "Public Sector Management Act 19^". |
(3) Section 19 (Regulations):
After section 19 (2), insert
| (3) | Proceedings for an offence against the regulations |
are to be dealt with summarily before a Local Coun
constituted by a Magistrate sitting alone.
(4) Schedule 1 (Composition and procedure of the Trust):
From clause 4, omit "Public Service Act, 1902,", insert instead "Public Sector Management Act 1988 (Part 8 excepted)".
Explanatory note
The proposed amendments update certain provisions and references as a consequence of the Public Sector Management Act 1988 and the Local Courts Act 1982 and also repeal an arrangement provision which is unnecessary because of the current practice of reprinting Acts with a table of provisions.
Statute Lm w (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
AUSTRALIAN WILLIAM E. SIMON UNIVERSITY ACT 1988
No. 89
Amendments
(1) Section 3 (Definitions):
From the definition of "University of Rochester School of Business Administration", omit "Adminstration", insert instead "Administration".
(2) Section 9 (Investment):
After "fund," in section 9 (5), insert "the money".
Commencement
The amendments to the Australian William E Simon University Act 1988 are to be taken to have commenced on 1 January 1989 (the day appointed by proclamation for commencement of the Act).
Explanatory note
The proposed amendments correct the misspelling of a word and a grammatical error consisting of the omission of words.
Act No, 132
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
CHARLES STURT UNIVERSITY ACT 1989 No. 76
Ameadmeats
Schedule 4 (Savings and transitional provisions):
| (a) | From paragraph (b) of the definition of "relevant commencement" in clause 2(1), omit "6", insert instead "5". |
| (b) | From paragraph (c) of the definition of "relevant commencement" in clause 2 (1), omit "7\ insert instead "6”. |
Explanatory note
The proposed amendments correct cross-references.
CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 No. 55
Amendment
Schedule 2 (Savings and transitional provisions):
From clause 3 (1), omit "apply, insert instead "applies".
Explanatory note
The proposed amendment corrects a grammatical error.
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
GOVERNMENT RAILWAYS (SUPERANNUATION) ACT 1912
No. 30
Amendment
Omit the long title, insert instead: gratuities for certain railway employees.
Explanatory note
The Transport Legislation (Repeal and Amendment) Act 1988 substantially repealed the Government Railways Act 1912 (its short title being changed to the Government Railways (Superannuation) Act 1912). Part 9 of the Act was retained to ensure that any superannuation benefits that are payable or may become payable under that Part are preserved (the scheme established by Part 9 was closed in 1964). The provisions of the Act which still have practical utility were transferred to the Transport Administration Act 1988. The proposed amendment substitutes the long title of the Government Railways (Superannuation) Act 1912 in light of the above.
Act No, 132
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
HISTORIC HOUSES ACT 1980 No. 94
Amendments
(1) Section 3 (Arrangement):
Omit the section.
| (2) | Section 13 (Ofllcers and employees); |
From section 13, omit "Public Service Act 1979", insert instead "Public Sector Management Act 1988".
(3) Section 23 (Regulations):
After section 23 (3), insert
| (4) | Proceedings for an offence against the regulations |
are to be dealt with summarily before a Local Court
constituted by a Magistrate sitting alone.
| (4) | Schedule 1 (Provisions relating to trustees and procedure of the Trust): |
From clause 4, omit "Public Service Act 1979", insert instead "Public Sector Management Act 1988 (Part 8 excepted)".
Explanatory note
The proposed amendments update certain provisions and references as a consequence of the Public Sector Management Act 1988 and the Local Courts Act 1982 and also repeal an arrangement provision which is unnecessary because of the cunent practice of reprinting Acts with a table of provisions.
Statute Law (Miscellaneous Provisions) (No. 2) /9 S 9
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
INDUSTRIAL ARBITRATION (THEATRICAL AGENTS AND
EMPLOYERS) AMENDMENT ACT 1987 No. 198
•Amendment
Schedule 2 (Amendments relating to private employment agents):
From Schedule 2, omit items (2) and (4).
Explanatory note
The proclamation which commenced the Act on 18 March 1988 was revoked by the Industrial Arbitration (Revocation of Proclamation) Act 1988 on 30 September 1988. A proclamation, however, under section 2 of the Industrial Arbitration (Theatrical Agents and Employers) Amendment Act 1987 commencing the Act may still be made. The amendments which were to be made by items (2) and (4) of Schedule 2 to that Act have, in effect, been made by Schedule 11 to the Statute Law (Miscellaneous Provisions) Act (No. 3) 1988. The proposed amendment merely omits amendments that have already been made.
Act No, 132
Scaaice Law ( \fiscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
LIBRARY ACT 1939 No. 40
Amendments
| (1) | Section lA (Division of Act): |
Omit the sectioa
| (2) | Section 7 (Officers and employees): | |||
|
(3) Section 10 (Requirements relating to local libraries);
| (a) | From section 10 (2A) (a), omit "paragraph (a) or (b) of subsection (1)", insert instead "suteection (1) (a) or (b)". |
| (b) | From section 10 (2A) (b), omit "paragraph (b) of subsection (1)" wherever occurring, insert instead "subsection (1) (b)". |
| (c) | From section 10 (2A) (b) (ii), omit "paragraph (c) of that subsection", insert instead "subsection (1) (c)". |
(4) Section 15 (Regulations);
| (a) | From section 15 (3), omit "Such penalty may be recovered in a summary manner before a stipendiary magistrate sitting alone or any two justices.". |
(b) After section 15 (3) insert
(3A) Proceedings for an offence against the regulations are to be dealt with summarily before a Local Court constituted by a Magistrate sitting alone or by any 2 justices.
(5) Schedule (Composition and procedure of the Council):
From clause 4, omit "Public Service Act, 1902,", insert instead "Public Sector Management Act 1988 (Part 8 excepted)".
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
Explanatory note
The proposed amendments update certain provisions and references as a consequence of the Public Sector Management Act 1988 and the Local Courts Act 1982 and also repeal an arrangement provision which is unnecessary because of the current practice of reprinting Acts with a table of provisions. They ako re-cast cross-references in modem form-
Act No. 132
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
MOTOR ACCroENTS (AMENDMENT) ACT 1989 No. 47
Amendment
Schedule 1 (General amendments):
From item (71), omit "appliciation”, insert instead
"application".
Explanatory note
The proposed amendment corrects the misspelling of a word.
MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942
N a 15
Amendments
(1) Section 5 (Definitions):
Omit section 5 (4).
(2) Section 45 (Regulations):
From section 45 (2) (c), omit "determined", insert instead
"prescribed".
Explanatory note
The proposed amendments omit obsolete references to the determination of fees under section 265B of the Transport Act 1930 (which has been repealed by the Transport Legislation (Repeal and Amendment) Act 1988). Those fees (which relate to the inspection of certain records and documents) arc to be prescribed under the Motor Vehicles (Third Party Insurance) Act 1941
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
MUSEUM OF APPUED ARTS AND SCIENCES ACT 1945
No. 31
.\mendmeats
| (1) | Section 7 (Application of Public Sector Management Act 1988): | |||
| ||||
| (b) From section 7, omit "any such", insert instead "that". | ||||
| (2) | Section 10 (Officers and employees): | |||
|
(3) Section 18 (Regulations);
| (a) | From section 18 (3), omit "Any such penalty may be recovered before a stipendiary magistrate or any two justices in petty sessions.". |
(b) After section 18 (3), insert
| (4) | Proceedings for an offence a^ in s t the regulations |
are to be dealt with summarily before a Local Court constituted by a Magistrate sitting alone or by any 2 justices.
Explanatory note
The proposed amendments update certain provisions and references as a consequence of the Public Sector Management Act 1988 and the Local Courts Act 1982.
Act No. 132
Statute Law ( Sfiscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
NATIONAL PARKS AND WILDLIFE ACT 1974 No. 80
Amendment
Section 75A (Adoption etc. of plan of management for state recreation area);
Omit section 75A (5) and (9),
Explanatory note
The proposed amendment omits unnecessary provisions relating to the adoption of plans of management for state recreation areas. These provisions are unnecessary because they are duplicated by section 81 (3 A) and (4) (operations under plans of management) of the National Parks and Wildlife Act 1974.
REPRINTS ACT 1972 N a 48
Amendments
(1) After section 9E, insert
Colons and dashes
9F. Colons in an Act maybe regarded for reprinting and
all other purposes as being interchangeable with dashes.
(2) Section 13 (Application of certain provisions of this Act to
certain instruments):
Omit ’’and 9E", insert instead ", 9E and 9 P .
Explanatory note
The proposed amendments will facilitate the reprinting of Acts in a
st)1e consistent with that that has been adopted as a result of
technological change in the printing of Principal and amending Acts.
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
RIVERS AND FORESHORES IMPROVEMENT ACT 1948
No. 20
Amendmeots
Sections 9, 10 - 12, 16 - 19, 22 and 23A (10):
Omit "Commission" wherever occurring, insert instead
"Ministerial Corporation".
Explanatory note
The Water Administration Act 1986 constituted the Water Administration Corporation and also repealed the Water Resources Commission Act 1976 which constituted the Water Resources Commission. The proposed amendments update references to that Commission by replacing them with references to the Ministerial Corporation.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT
(N a 1) 1987 N a 48
Amendment
Schedule 26 (Amendments to the State Transport
(Co-ordination) Act 1931):
From item (15) (a) of Schedule 26, omit "lastly", insert instead "firstly".
Explanatory note
The proposed amendment rectifies an incorrect incorporating directioa
Act No, 132
Statute Lmw ( Sfiscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1989
No. 89
Amendment
Section 2 (Commencement):
From section 2 (2), omit "Local Courts (Civil Claims) Act
1970".
Explanatory note
The proposed amendment omits an unnecessary reference to the Local Courts (Civil Claims) Act 1970 in the commencement provisions of the Statute Law (Miscellaneous Provisions) Act 1989.
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
STRATA TITLES ACT 1973 N a 68
Amendmeats
(1) Section 14 (Alteration of building affecting lot boundary):
(a) From section 14 (1), omit "a building is altered".
| (b) | Before "by demolishing" in section 14 (1) (a), insert "a building is altered". |
| (c) | Before "by constructing" in section 14 (1) (b), insert "a building is altered". |
(2) Section 58 (By-laws);
From section 58 (9A), omit "subsection (9) (a)", insert instead "a by-law referred to in subsection (7)".
| (3) | Section 72 (Vacation of ofllce of member of council): | |
| ||
| (b) Omit section 72 (1) (c), | ||
|
(4) Schedule 2 (Meetings, and voting at meetings, of body
corporate):
| (a) | From clause 1 (5) (c) in Part 1, omit "69 (3A)", insert instead "69 (4) (d)’’. |
| (b) | From clause 3 (1) in Part 1, omit ", together with the number of voters whose votes are cast in writing on that motion or election,", |
| (c) | From clause 3 (3) in Part 1, omit ", together with the number of voters whose votes are cast in writing on that motion or on that election,". |
Explanatory note
The proposed amendments simplify the wording of conditions requiring building alteration plans, update a reference to substituted provisions relating to common property, update a cross-reference and omit redundant provisions relating to voting at meetings of bodies corporate.
Act No. 132
Staiiite Law (Miscellaneous Provisions) (No. 2} 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
STRATA TITLES (LEASEHOLD) ACT 1986 No. 219
Amendments
(1) Section 17 (Alteration of building affecting lot boundary):
| (a) | From section 17 (1), omit "a building o ra part of a building comprised in a leasehold strata scheme is altered". |
| (b) | Before "by demolishingf* in section 17 (1) (a), insert "a building or a part of a building comprised in a leasehold strata scheme is altered". |
| (c) | Before "by constructing' in section 17 (1) (b), insert "a building or a part of a building comprised in a leasehold strata scheme is altered". |
(2) Section 87 (By-laws):
From section 87 (11), omit "subsection (10) (a)", insert instead "a by-law referred to in subsection (7)".
| (3) | Section 102 (Vacation of office of member of council): | |
| ||
| (b) Omit section 102 (1) (e). | ||
|
(4) Schedule 4 (Meetings, and voting at meetings, of body
corporate):
| (a) | From clause 1 (6) (c) in Part 1, omit "99", insert instead "99 (4) (d)". |
| (b) | From clause 4 (1) in Part 1, omit ", together with the number of voters whose votes are cast in writing on that motion or election,". |
| (c) | From clause 4 (3) in Part 1, omit ", together with the number of w ters whose votes are cast in writing on that motion or on that election,”. |
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
Explanatory note
The proposed amendments simplify the wording of conditions requiring building alteration plans, update a reference to substituted provisions relating to common property, update a cross-reference and omit redundant provisions relating to voting at meetings of bodies corporate.
Act No. U 2
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
SYDNEY OPERA HOUSE TRUST ACT 1961 No. 9
Amendments
| (1) | Section 4 (Objects and functions of Trust): |
From section 4, omit "subsection (2) of section 5" wherever occurring, insert instead "section 5 (2)",
| (2) | Section 9 (Application of Public Sector Management Act 1988): | |
| ||
| (b) From section 9, omit "any such", insert instead "that". |
(3) Section 10 (Chairperson);
| (a) | From section 10 (1), omit "Chairman" wherever occurring, insert instead "Chairperson". |
| (b) | From section 10 (2), omit "chairman" wherever occurring, insert instead "Chairperson". |
(4) Section 11 (Procedure, quorum etc.):
From section 11 (3) (c), omit "chairman", insert instead
"Chairperson".
(5) Section 15 (Common seal):
From section 15 (1), omit "chairman", insert instead
"Chairperson".
| (6) | Section 16 (ORIcers and employees): | |||
|
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
| (7) | Section 18 (Power to accept gifts etc.): |
From section 18 (3), om it", or in any Act amending that Act, whether passed before or after the commencement of this Act,".
(8) Section 28 (By-laws):
| (a) | From section 28 (2), omit "Any such penalty may be recovered before a stipendiary magistrate or two justices in petty sessions.". |
(b) After section 28 (2), insert
(2A) Proceedings for an offence against the by-laws are to be dealt with summarily before a Local Court constituted by a Magistrate sitting alone or by any 2 justices.
| (c) | From section 28 (5), omit "subsection (2) of section 5", insert instead "section 5 (2)". |
Explanatory note
The proposed amendments update certain provisions and references as a consequence of the Public Sector Management Act 1988 and the Local Courts Act 1982 as well as re-casting cross-references in modem form and updating an expression to gender-neutral language.
Act No. 132
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
TRANSPORT LICENSING ACT 1931 No. 32
Amendments
| (1) | Section 16 (Issue of licences); |
From section 16 (1) (b), omit "Commissioner", insert instead "Secretary".
| (2) | Section 17 (Certain conditions of licence): |
From section 17 (1), omit "public motor", insen instead
"public passenger".
(3) Schedules 2 and 4:
Omit "State Transport (Co-ordination) Act, 1931," wherever occurring, insert instead "Transport Licensing Act 1931".
Commencement
Item (1) of the amendments to the Transport Licensing Act 1931 is to be taken to have commenced on 1 July 1989 (the day on which the provision of the Miscellaneous Acts (Motor Accidents) Amendment Act 1988 inserting section 16 (1) (b) in the Transport Licensing Act 1931 commenced).
Item (2) of the amendments to the Transport Licensing Act 1931 is to be taken to have commenced on 28 May 1987 (the date of assent to the Statute Law (Miscellaneous Provisions) Act (No. 1) 1987).
Item (3) of the amendments to the Transport Licensing Act 1931 is to be taken to have commenced on 16 January 1989 (the day on which the State Transport (Co-ordination) (Transport Administration) Amendment Act 1988 commenced).
Explanatory note
The State Transport (Co-ordination) (Transport Administration) Amendment Act 1988 changed the short title of the State Transport (Co-ordination) Act 1931 to the Transport Licensing Act 1931. Item (3) of the proposed amendments alters two references in the Act in the light of the change of short title. Also, that 1988 amending Act substituted references to "Commissioner" (Le. Commissioner of Motor
Statute Law ( Misceilaneous Provisions) ( !^o. 2) 1989
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE
LAW REVISION - continued
Transport) in the 1931 Act with "Secretary" (i.e. Secretary of the Ministry of Transport) who has taken over those functions relating to the licensing and regulation of buses, taxi-cabs or other public passenger vehicles and ferries. Item (1) of the proposed amendments alters an outstanding reference to Commissioner.
The Statute Law (Miscellaneous Provisions) Act (No. 1) 1987 altered references to "public motor vehicle" in the Transport Licensing Act 1931 to "public passenger vehicle". Item (2) of the proposed amendments alters an outstanding reference to "public motor vehicle".
WATER ACT 1912 N a 44
Amendment
Section 27 (Regulations):
From section 27 (1) (c l), omit "and" where lastly occurring.
Explanatory note
The proposed amendment omits an unnecessary word.
WATER (AMENDMENT) ACT 1988 No. 108
Amendment
Schedule 1 (Amendments):
From Schedule 1 (8), omit "section 64", insert instead
"section 64A".
Explanatory note
The proposed amendment rectifies an incorrect incorporating direction.
Act No. 132
Statute Law ( Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 3 - REPEALS
(Sec. 4) Land and Environment Court (State Pollution Control Commission) Amendment Act 1983 No. 93
Community Service Orders (Amendment) Act 1984 No. 33
Landlord and Tenant (Land Tax) Amendment Act 1984 No. 132
Oaths (Commercial Arbitration) Amendment Act 1984 No. 165
Land and Environment Court (Environmentally Hazardous
Chemicals) Amendment Act 1985 No. 15
Mental Health (Patients’ Accounts) Amendment Act 1985 No. 80
Land and Environment Court (Strata Titles) Amendment Act 1985
No. 115
University of Wollongong (Amendment) Act 1985 No. 116
Sydney Turf Club (Amendment) Act 1985 No. 120
Landlord and Tenant (Protected Tenancies) Amendment Act 1985
No. 121
Intoxicated Persons (Amendment) Act 1985 No. 126
Oaths (Children) Amendment Act 1985 No. 151
Wild Dog Destruction (Amendment) Act 1985 No. 195
Search Warrants (Artificial Breeding of Stock) Amendment Act 1985
No. 198
Land and Environment Court (Biological Control) Amendment Act
1985 No. 200
Land and Environment Court (Pipelines) Amendment Act 1985 No.
218
Land and Environment Court (Movable Dwellings) Amendment Act
1986 No. 22
Coroners (Amendment) Act 1986 No. 29
Prisons (Release on Licence Board) Amendment Act 1986 No. 35
Prisons (Remissions) Amendment Act 1986 No. 45
Search Warrants (Gas and Electricity) Amendment Act 1986 No. 77
Mental Health (Amendment) Act 1 9 ^ No. 92
Search Warrants (Poultry Meat Industry) Amendment Act 1986 No.
102
Prisons (Amendment) Act 1986 No. 109
Community Service Orders (Amendment) Act 1986 No. 110
Motor Traffic (Sale of Vehicles) Amendment Act 1986 No. 117
Zoological Parks Board (Exhibited Animals) Amendment Act 1986
No. 125
Statute Law {Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 3 - REPEALS - continued
Land and Environment Court (Marine Mammals Protection)
Amendment Act 1986 No. 134
University of New England (Amendment) Act 1986 No. 137
Timber Marketing (Amendment) Act 1986 No. 141
Land and Environment Court (Building Certificates) Amendment Act
1986 No. 158
Search Warrants (Local Government Inspectors) Amendment Act
1986 No. 160
Motor Traffic (Photographic Evidence) Amendment Act 1986 No. 161
Public Finance and Audit (Wollongong Sportsground) Amendment
Act 1986 No. 175
Prisons (Further Amendment) Act 1986 No. 188
Search Warrants (Gas) Amendment Act 1986 No. 216
Motor Traffic (Shared Traffic Zones) Amendment Act 1987 No. 8
Motor Traffic (Radar Detected Offences) Amendment Act 1987 No.
31
Public Finance and Audit (Amendment) Act 1987 No. 35
Coal Mines Regulation (Workers Compensation) Amendment Act
1987 No. 71
Dangerous Goods (Workers Compensation) Amendment Act 1987
No. 74
Defamation (Workers Compensation) Amendment Act 1987 No. 75
Mines Inspection (Workers Compensation) Amendment Act 1987 No.
78
Defamation (Medical Practitionen) Amendment Act 1987 No. 128
Trustee (Amendment) Act 1987 No. 139
Clean Waters (Penalty Notices) Amendment Act 1987 No. 142
Interpretation (Amendment) Act 1987 No. 152
Land and Environment Court (Amendment) Act 1987 No. 162
Bail (Personal and Family Violence) Amendment Act 1987 No. 185
Public Authorities (Financial Arrangements) Amendment Act 1987
No. 226
Children (Community Service Orders) (Fine Default) Amendment
Act 1987 No. 265
Children (Care and Protection) Amendment Act 1987 No. 269
Children (Criminal Proceedings) Amendment Act 1987 No. 270
Children (Community Service Orders) Amendment Act 1987 No. 271
Children (Detention Centres) Amendment Act 1987 No. 272
Act No. 132
Statute Law ( Misceilaneous P ^ov ision (No. 2) 1989
SCHEDULE 3 - REPEALS - continued
Motor Dealers (Amendment) Act 1987 No. T il
Public Finance and Audit (Further Amendment) Act 1987 No. 279
Zoological Parks Board (Amendment) Act 1988 No. 4
Public Finance and Audit (Working Accounts) Amendment Act 1988
No. 23
Justices (Sentencing) Amendment Act 1988 No. 26
Children (Detention Centres) Amendment Act 1988 No. 40
Independent Commission Against Corruption (Amendment) Act 1988
No. 42
Defamation (Criminal Defamation) Amendment Act 1988 No. 61
Children (Care and Protection) Further Amendment Act 1988 No. 66
Public Authorities (Financial Arrangements) Amendment Act 1988
No. 80
Prisons (Release on Licence Board) Amendment Act 1988 No. 104
Children (Care and Protection) (Prostitution) Amendment Act 1988
No. 116
SCHEDULE 4 - GENERAL SAVINGS, TRANSITIONAL
AND OTHER PROVISIONS
(Sec. 5)
Effect of amendment of amending provisions
1. (1) An amendment made by Schedule 2 to an amending provision
contained in an Act will, if the amending provision has commenced before the date of assent to this Act, be taken to have effect as from the commencement of the amending provisioa
(2) In this clause:
"amending provision" means a provision of an Act, or of any other instrument, being a provision that has commenced and that makes a direct amendment of an Act by:
| (a) | the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter; or |
| (b) | the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter, or |
Statute Law (Miscellaneous Provisions) (No. 2) 1989
SCHEDULE 4 - GENERAL SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS - continued
| (c) | the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act, |
whether the provision was enacted before or after the
commencement of the Reprints Act 1972.
Explanatory note
This clause ensures that amendments correcting errors in the technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) will commence on the date the amendments to which they relate commenced.
Effect of amendment or repeal on acts done or decisions made
2. Except where it is expressly provided to the contrary, if this Act
(a) amends a provision of an Act; or
| (b) | repeals and re-enacts (with or without modification) a provision of an Act, |
any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.
Explanatory note
This clause ensures that the amendment or repeal of a provision will not, unless expressly otherwise provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal
Regulations
3. (1) The Governor may make regulations containing other 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.
Act No. 132
Siaaite Law (Misceilaneous Provisions) (No. 2) 1989
SCHEDULE 4 - GENERAL SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS - continued
| (3) | To the extent to which any such provision takes effect from a |
date that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. |
Explanatory note
This clause enables the making of regulations of a transitional or saving nature having a short term effect 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.
NOTE
Alphabetical list of Acts repealed by Schedule 3
Bail (Personal and Family Violence) Amendment Act 1987 No. 185 Children (Care and Protection) (Prostitution) Amendment Act 1988 No. 116
Children (Care and Protection) Amendment Act 1987 No. 269
Children (Care and Protection) Further Amendment Act 1988 No. 66
Children (Community Service Orders) (Fine Default) Amendment
Act 1987 No. 265
Children (Community Service Orders) Amendment Act 1987 No. 271
Children (Criminal Proceedings) Amendment Act 1987 No. 270
Children (Detention Centres) Amendment Act 1987 No, 272
Children (Detention Centres) Amendment Act 1988 No, 40
Clean Waters (Penalty Notices) Amendment Act 1987 No. 142
Coal Mines Regulation (Workers Compensation) Amendment Act
1987 No. 71
Statute Lm w (Miscellaneous Provisions) (No. 2) 1989
NOTE - continued
Community Service Orders (Amendment) Act 1984 No. 33
Community Service Orders (Amendment) Act 1986 No. 110
Coroners (Amendment) Act 1986 No. 29
Dangerous Goods (Workers Compensation) Amendment Act 1987
No. 74
Defamation (Medical Practitioners) Amendment Act 1987 No. 128
Defamation (Criminal Defamation) Amendment Act 1988 No. 61
Defamation (Workers Compensation) Amendment Act 1987 No. 75
Independent Commission A ^inst Corruption (Amendment) Act 1988
No. 42
Interpretation (Amendment) Act 1987 No. 152
Intoxicated Persons (Amendment) Act 1985 No. 126
Justices (Sentencing) Amendment Act 1988 No. 26
Land and Environment Court (Amendment) Act 1987 No. 162
Land and Environment Court (Biological Control) Amendment Act
1985 No. 200
Land and Environment Court (Building Certificates) Amendment Act
1986 No. 158
Land and Environment Court (Environmentally Hazardous
Chemicals) Amendment Act 1985 No. 15
Land and Environment Court (Marine Mammals Protection)
Amendment Act 1986 No. 134
Land and Environment Court (Mo^Qb^e Dwellings) Amendment Act
1986 No. 22
Land and Environment Court (Pipelines) Amendment Act 1985 No.
218
Land and Environment Court (State Pollution Control Commission)
Amendment Act 1983 N a 93
Land and Environment Court (Strata Titles) Amendment Act 1985
N a 115
Landlord and Tenant (Land Tax) Amendment Act 1984 No. 132
Landlord and Tenant (Protected Tenancies) Amendment Act 1985
No. 121
Mental Health (Amendment) Act 1986 No. 92
Mental Health (Patients’ Accounts) Amendment Act 1985 No. 80
Mines Inspection (Workers Compensation) Amendment Act 1987 No.
78
Act No. 132
Statute Law (?Sscellaneous Provisions) ( No. 2) 1989
NOTE - continued
Motor Dealers (Amendment) Act 1987 No. I l l
Motor Traffic (Photographic Evidence) Amendment Act 1986 No. 161
Motor Traffic (Radar Detected Offences) Amendment Act 1987 No.
31
Motor Traffic (Sale of Vehicles) Amendment Act 1986 No. 117
Motor Traffic (Shared Traffic ^ n e s ) Amendment Act 1987 No. 8
Oaths (Children) Amendment Act 1985 No. 151
Oaths (Commercial Arbitration) Amendment Act 1984 No. 165
Prisons (Amendment) Act 1986 No. 109
Prisons (Further Amendment) Act 1986 No. 188
Prisons (Release on Licence Board) Amendment Act 1986 No. 35
Prisons (Release on Licence Board) Amendment Act 1988 No. 104
Prisons (Remissions) Amendment Act 1986 No. 45
Public Authorities (Financial Arrangements) Amendment Act 1987
No. 226
Public Authorities (Financial Arrangements) Amendment Act 1988
No. 80
Public Finance and Audit (Amendment) Act 1987 No. 35
Public Finance and Audit (Further Amendment) Act 1987 No. 279
Public Finance and Audit (Wollongong Sportsground) Amendment
Act 1986 No. 175
Public Finance and Audit (Working Accounts) Amendment Act 1988
No. 23
Search Warrants (Artificial Breeding of Stock) Amendment Act 1985
No. 198
Search Warrants (Gas) Amendment Act 1986 No. 216
Search Warrants (Gas and Electricity) Amendment Act 1986 No, 77
Search Warrants (Local Government Inspectors) Amendment Act
1986 No. 160
Search Warrants (Poultry Meat Industry) Amendment Act 1986 No.
102
Sydney Turf Club (Amendment) Act 1985 No. 120
Timber Marketing (Amendment) Act 1986 No. 141
Trustee (Amendment) Act 1987 No. 139
University of New England (Amendment) Act 1986 No. 137
Statute Law (Miscellaneous Provisions) ( No. 2) 1989
NOTE - continued
University of Wollongong (Amendment) Act 1985 No. 116
Wild Dog Destruction (Amendment) Act 1985 No. 195
Zoological Parks Board (Amendment) Act 1988 No. 4
Zoological Parks Board (Exhibited Animals) Amendment Act 1986
No. 125
[M in isters second reading speech m ade in -
| Legislative A ssem bly on | h l y l 9 S 9 |
Legislative Council on 9 A tg ts t 19S9]
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