Subordinate Legislation Act 1989 (NSW)
An Act relating to the making and staged repeal of subordinate legislation.
This Act may be cited as the Subordinate Legislation Act 1989.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) direct amendments or repeals, and
(b) provisions that deal with its citation and commencement.
(a) that is made by the Governor, or
(b) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor,
but does not include any instruments specified or described in Schedule 4.
In this Act, a reference to a direct amendment is a reference to an amendment that inserts, adds, amends or substitutes matter.
Before a statutory rule is made, the responsible Minister is required to ensure that, as far as is reasonably practicable, the guidelines set out in Schedule 1 are complied with.
This section does not apply to a statutory rule containing matters of a savings or transitional nature (provided the only other provisions contained in the statutory rule are provisions dealing with its citation and commencement).
Before a principal statutory rule is made, the responsible Minister is required to ensure that, as far as is reasonably practicable, a regulatory impact statement complying with Schedule 2 is prepared in connection with the substantive matters to be dealt with by the statutory rule.
Before a principal statutory rule is made, the responsible Minister is required to ensure that, as far as is reasonably practicable, the following provisions are complied with—
(a) A notice is to be published in the Gazette and in a daily newspaper circulating throughout New South Wales and, where appropriate, in any relevant trade, professional, business or public interest journal or publication—
(i) stating the objects of the proposed statutory rule, and
(ii) advising where a copy of the regulatory impact statement may be obtained or inspected, and
(iii) advising whether, and (if so) where, a copy of the proposed statutory rule may be obtained or inspected, and
(iv) inviting comments and submissions within a specified time, but not less than 21 days from publication of the notice.
(b) Consultation is to take place with appropriate representatives of consumers, the public, relevant interest groups, and any sector of industry or commerce, likely to be affected by the proposed statutory rule.
(c) All the comments and submissions received are to be appropriately considered.
The nature and extent of the publicity for the proposal, and of the consultation regarding the proposal, are to be commensurate with the impact likely to arise for consumers, the public, relevant interest groups, and any sectors of industry or commerce from the making of the statutory rule.
In the event that the statutory rule is made, a copy of the regulatory impact statement and all written comments and submissions received are to be forwarded to the Legislation Review Committee within 14 days after it is published.
Comments and submissions received within one week before the statutory rule is submitted to the Governor (or at any time afterwards) need not be considered or forwarded to the Legislation Review Committee.
Section 75 of the Interpretation Act 1987 does not apply to notices required to be published under this Act.
It is not necessary to comply with section 5 to the extent that—
(a) the responsible Minister certifies in writing that, on the advice of the Attorney General or the Parliamentary Counsel, the proposed statutory rule comprises or relates to matters set out in Schedule 3, or
(b) the Minister administering this Act (or a Minister for the time being nominated by the Minister administering this Act for the purpose) certifies in writing that, in his or her opinion in the special circumstances of the case, the public interest requires that the proposed statutory rule should be made without complying with section 5, or
(c) the responsible Minister certifies in writing that—
(i) the proposed statutory rule has been or is to be made by a person or body (other than the Governor) who or which is not expressly subject to the control or direction of the responsible Minister, and
(ii) it was not practicable, in the circumstances of the case, for the responsible Minister to comply with section 5.
If a statutory rule is made in the circumstances mentioned in subsection (1) (b), the responsible Minister is required to ensure that the relevant requirements of section 5 (with any necessary adaptations) are complied with within 4 months after the statutory rule is made.
A certificate under this section may relate to either or both of the following—
(a) all or any specified requirements of section 5,
(b) all or any specified aspects of the statutory rule concerned.
A proposed statutory rule must not be submitted for making by the Governor, or for the approval or confirmation of the Governor, unless the following are submitted together with the proposed statutory rule—
(a) a copy of a certificate of the responsible Minister stating whether or not, in his or her opinion, the provisions of this Act relating to the proposed statutory rule have been complied with,
(b) a copy of any relevant certificate under section 6,
(c) a copy of the opinion of the Attorney General or the Parliamentary Counsel as to whether the proposed statutory rule may legally be made.
This section applies where a House of Parliament has disallowed a statutory rule under section 41 of the Interpretation Act 1987.
No statutory rule, being the same in substance as the statutory rule so disallowed, may be published on the NSW legislation website within 4 months after the date of the disallowance, unless the resolution has been rescinded by the House of Parliament by which it was passed.
If a statutory rule is published in contravention of this section, the statutory rule is void.
Except as provided by section 8, failure to comply with any provisions of this Part does not affect the validity of a statutory rule.
The provisions of this Part regarding the requirements to be complied with before a statutory rule is made, approved or confirmed are in addition to, and do not affect, the provisions of any other Act.
Unless it sooner ceases to be in force, a statutory rule published before a date specified in Column 1 below is repealed on the date specified opposite in Column 2—
Column 1 | Column 2 |
1 September 1941 | 1 September 1991 |
1 September 1964 | 1 September 1992 |
1 September 1978 | 1 September 1993 |
1 September 1986 | 1 September 1994 |
1 September 1990 | 1 September 1995 |
Unless it sooner ceases to be in force, a statutory rule published on or after 1 September 1990 is repealed—
(a) at the beginning of the day that is the fifth anniversary of the date on which it was published (in the case of a statutory rule published on 1 September in any year), or
(b) at the beginning of 1 September following the fifth anniversary of the date on which it was published (in any other case).
This section does not apply in relation to the following statutory rules—
(a) a regulation made under the Electricity Infrastructure Investment Act 2020,
(b) a regulation that sets out management rules for marine parks or aquatic reserves made under the Marine Estate Management Act 2014.
(c) the Road Rules 2014 made under the Road Transport Act 2013.
(Repealed)
Despite the other provisions of this Part, unless sooner repealed, a statutory rule listed in Schedule 5 remains in force until the date specified in that Schedule for the rule or, if more than one date is so specified, the later of those dates.
(Repealed)
The Governor may, by order published on the NSW legislation website, from time to time postpone by one year the date on which a specified statutory rule is repealed by section 10.
Such an order is effective to postpone the repeal of the statutory rule, provided the order is published before the repeal would otherwise take effect.
The repeal of a particular statutory rule may not be postponed on more than 5 occasions.
The repeal of a statutory rule may not be postponed on a third, fourth or fifth occasion unless the responsible Minister has given the Legislation Review Committee at least one month’s written notice of the proposed postponement.
The Legislation Review Committee may make such reports to the responsible Minister and to each House of Parliament as it thinks desirable in connection with the third, fourth or fifth postponement of the repeal of a statutory rule.
This section does not apply to the statutory rules referred to in section 10A.
A statutory rule is, for the purposes of this Part, to be taken to have been published on the following date—
(a) if the statutory rule was required to be published on the NSW legislation website or in the Government Gazette or any other official gazette—the date on which it was originally so published,
(b) if the statutory rule was not required to be so published but was required to be made, approved or confirmed by the Governor—the date on which it was so made, approved or confirmed,
(c) in any other case—the date on which it was made.
The repeal of a statutory rule by this Part extends to any direct amendments (whenever made) of the statutory rule and to so much of any statutory rule as makes any such amendments.
A set of regulations, by-laws, rules or ordinances constituting a single instrument is, for the purposes of this Part, to be taken to be a single statutory rule.
If an instrument made under one Act is by law to be treated as a statutory rule made under another Act, the date of publication is, for the purposes of this Part, the date it was originally published.
(Repealed)
If the Legislation Review Committee is not in office when material is required to be forwarded to it under section 5, the material is to be forwarded to a person nominated by the Clerk of the Legislative Assembly, for the attention of the Committee after its appointment.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Regulations may, after consultation with the Legislation Review Committee, be made amending or replacing Schedule 3 or 4.
(Repealed)
(Section 4)
Wherever costs and benefits are referred to in these guidelines, economic and social costs and benefits are to be taken into account and given due consideration.
Before a statutory rule is proposed to be made—
(a) The objectives sought to be achieved and the reasons for them must be clearly formulated.
(b) Those objectives are to be checked to ensure that they—
• are reasonable and appropriate, and
• accord with the objectives, principles, spirit and intent of the enabling Act, and
• are not inconsistent with the objectives of other Acts, statutory rules and stated government policies.
(c) Alternative options for achieving those objectives (whether wholly or substantially), and the option of not proceeding with any action, must be considered.
(d) An evaluation must be made of the costs and benefits expected to arise from each such option as compared with the costs and benefits (direct and indirect, and tangible and intangible) expected to arise from proceeding with the statutory rule.
(e) If the statutory rule would impinge on or may affect the area of responsibility of another authority, consultation must take place with a view to ensuring in advance that (as far as is reasonably practicable in the circumstances)—
• any differences are reconciled, and
• there will be no overlapping of or duplication of or conflict with Acts, statutory rules or stated government policies administered by the other authority.
In determining whether and how the objectives should be achieved, the responsible Minister is to have regard to the following principles—
(a) Administrative decisions should be based on adequate information and consultation concerning the need for and consequences of the proposed action.
(b) Implementation by means of a statutory rule should not normally be undertaken unless the anticipated benefits to the community from the proposed statutory rule outweigh the anticipated costs to the community, bearing in mind the impact of the proposal on the economy and on consumers, members of the public, relevant interest groups, and any sector of industry and commerce, that may be affected.
(c) The alternative option that involves the greatest net benefit or the least net cost to the community should normally be chosen from the range of alternative options available to achieve the objectives.
A statutory rule must be expressed plainly and unambiguously, and consistently with the language of the enabling Act.
(Section 5)
A regulatory impact statement must include the following matters—
(a) A statement of the objectives sought to be achieved and the reasons for them.
(b) An identification of the alternative options by which those objectives can be achieved (whether wholly or substantially).
(c) An assessment of the costs and benefits of the proposed statutory rule, including the costs and benefits relating to resource allocation, administration and compliance.
(d) An assessment of the costs and benefits of each alternative option to the making of the statutory rule (including the option of not proceeding with any action), including the costs and benefits relating to resource allocation, administration and compliance.
(e) An assessment as to which of the alternative options involves the greatest net benefit or the least net cost to the community.
(f) A statement of the consultation program to be undertaken.
Wherever costs and benefits are referred to in this Schedule, economic and social costs and benefits, both direct and indirect, are to be taken into account and given due consideration.
Costs and benefits should be quantified, wherever possible. If this is not possible, the anticipated impacts of the proposed action and of each alternative should be stated and presented in a way that permits a comparison of the costs and benefits.
A regulatory impact statement for a committee’s foundation regulation (within the meaning of the Agricultural Industry Services Act 1998) must contain an assessment of the regulation carried out in accordance with the principles set out in Clauses 1 (3), 5 (1) and 5 (9) of the Competition Principles Agreement, being the agreement between the Commonwealth, the States and the Territories that was entered into, for and on behalf of New South Wales, on 11 April 1995.
(Section 6)
Matters of a machinery nature.
Direct amendments or repeals.
Matters of a savings or transitional nature.
Matters arising under legislation that is substantially uniform or complementary with legislation of the Commonwealth or another State or Territory.
Matters involving the substantial implementation of Agreed Reforms, within the meaning of the Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport entered into by the Commonwealth and each of the States and Territories (which came into effect on 15 January 2004), being Reforms that have been progressed in accordance with clause 11 of that Agreement.
Matters involving the adoption of international or Australian standards or codes of practice, where an assessment of the costs and benefits has already been made.
Matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public, having regard to any assessment of those issues by the relevant agency after the consideration and application of relevant guidelines set out in Schedule 1 to this Act.
A management plan for a share management fishery or a supporting plan made under the Fisheries Management Act 1994.
Matters arising under the Protection of the Environment Operations Act 1997—
(a) that implement protection of the environment policies under that Act or national environment protection measures under the National Environment Protection Council (New South Wales) Act 1995, or
(b) that have undergone a public consultation process that is similar to or no less rigorous than the public consultation process for the making of such policies.
Management rules for a marine park or an aquatic reserve under the Marine Estate Management Act 2014.
A regulation under the Motor Sports Events Act 2022.
A regulation under the Major Events Act 2009.
(Section 3)
Standing Rules and Orders of the Legislative Council and Legislative Assembly.
Rules of court.
Regulations under the Constitution Act 1902.
(Repealed)
Regulations under the Australian Mutual Provident Society Act 1988.
By-laws under the Anzac Memorial (Building) Act 1923.
(Repealed)
By-laws under the Farrer Memorial Research Scholarship Fund Act 1930.
Rules under the McGarvie Smith Institute Incorporation Act 1928.
(Repealed)
By-laws under the National Trust of Australia (New South Wales) Act 1990.
By-laws under Part 2 of Chapter 4 of the Water Management Act 2000.
Rules under the Sporting Injuries Insurance Act 1978.
(Repealed)
By-laws under the Technical Education Trust Funds Act 1967.
By-laws of a university.
(Repealed)
By-laws under the Wellington Show Ground Act 1929.
An instrument containing matters of a savings or transitional nature (provided the only other provisions contained in the instrument are provisions dealing with its citation and commencement) being an instrument that was in force on 1 July 2010.
Regulations under Part 6 of the Energy and Utilities Administration Act 1987.
Regulations under Part 2 of the Essential Services Act 1988.
Regulations under the Road Obstructions (Special Provisions) Act 1979.
Ordinances under Part 12A of the Local Government Act 1919, being—
(a) planning scheme ordinances that are deemed to be deemed environmental planning instruments under the Environmental Planning and Assessment Act 1979, and
(b) (Repealed)
Regulations under the Bank Mergers Act 1996.
(Repealed)
Regulations under the AGL Corporate Conversion Act 2002.
(Repealed)
Regulations under the James Hardie Former Subsidiaries (Winding up and Administration) Act 2005.
Regulations under the James Hardie (Civil Liability) Act 2005.
Regulations under the James Hardie (Civil Penalty Compensation Release) Act 2005.
(Repealed)
Regulations under the NSW Lotteries (Authorised Transaction) Act 2009.
(Repealed)
By-laws under the Australian Jockey and Sydney Turf Clubs Merger Act 2010.
Regulations under the Electricity Generator Assets (Authorised Transactions) Act 2012.
Regulations under the Ports Assets (Authorised Transactions) Act 2012.
Regulations under the Electricity Network Assets (Authorised Transactions) Act 2015.
Regulations under the Superannuation Administration Corporation (Pillar) (Authorised Transaction) Act 2016.
Regulations under the Land and Property Information NSW (Authorised Transaction) Act 2016.
section 10A(1)
The Poisons and Therapeutic Goods Regulation 2008 remains in force until the Poisons and Therapeutic Goods Act 1966 is repealed by the Medicines, Poisons and Therapeutic Goods Act 2022.
(Repealed)
The following statutory rules remain in force until 1 September 2025, unless sooner repealed—
(a) Boarding Houses Regulation 2013,
(b) Child Protection (Working with Children) Regulation 2013,
(c) Crimes (Administration of Sentences) Regulation 2014,
(d) Electricity Supply (General) Regulation 2014,
(e) Electricity Supply (Safety and Network Management) Regulation 2014,
(f) Government Sector Employment Regulation 2014,
(g) Heritage Regulation 2012,
(h) Local Land Services Regulation 2014,
(i) Lord Howe Island Regulation 2014,
(j) Protection from Harmful Radiation Regulation 2013,
(k) Veterinary Practice Regulation 2013.
The following statutory rules remain in force until 1 September 2026, unless sooner repealed—
(a) Adoption Regulation 2015,
(b) Boarding Houses Regulation 2013,
(c) Child Protection (Working with Children) Regulation 2013,
(d) Children (Detention Centres) Regulation 2015,
(e) Combat Sports Regulation 2014,
(f) Crimes (Administration of Sentences) Regulation 2014,
(g) Electricity Supply (General) Regulation 2014,
(h) Electricity Supply (Safety and Network Management) Regulation 2014,
(i) Government Sector Employment Regulation 2014,
(j) Heritage Regulation 2012,
(k) Home Building Regulation 2014,
(l) Lobbying of Government Officials (Lobbyists Code of Conduct) Regulation 2014,
(m) Local Land Services Regulation 2014,
(n) Lord Howe Island Regulation 2014,
(o) Passenger Transport Regulation 2014,
(p) Police Regulation 2015,
(q) Protection of the Environment Operations (Waste) Regulation 2014,
(r) Residential (Land Lease) Communities Regulation 2015,
(s) Rice Marketing Regulation 2015,
(t) Veterinary Practice Regulation 2013.
Subordinate Legislation Act 1989 No 146. Assented to 31.10.1989. Date of commencement of Parts 1 and 3, secs 8, 9 and 14 and Sch 4, 1.1.1990, sec 2 and GG No 124 of 22.12.1989, p 11035; date of commencement of remainder of provisions, 1.7.1990, sec 2 and GG No 124 of 22.12.1989, p 11035. This Act has been amended by this Act, Sch 5 and as follows—
No 92 | National Trust of Australia (New South Wales) Act 1990. Assented to 7.12.1990. Date of commencement of sec 40, 5.7.1991, sec 2 (1) and GG No 103 of 5.7.1991, p 5394. | |
No 17 | Statute Law (Miscellaneous Provisions) Act 1991. Assented to 3.5.1991. Date of commencement of the provision of Sch 1 relating to the Subordinate Legislation Act 1989, assent, sec 2. | |
No 34 | Statute Law (Miscellaneous Provisions) Act 1992. Assented to 18.5.1992. Date of commencement of the provision of Sch 1 relating to the Subordinate Legislation Act 1989, assent, Sch 1. | |
No 48 | Subordinate Legislation (Amendment) Act 1993. Assented to 15.6.1993. Date of commencement, 1.7.1993, sec 2. | |
No 108 | Statute Law (Miscellaneous Provisions) Act (No 2) 1993. Assented to 2.12.1993. Date of commencement of the provision of Sch 2 relating to the Subordinate Legislation Act 1989, assent, Sch 2. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 1994. Assented to 12.12.1994. Date of commencement of the provisions of Sch 2 relating to the Subordinate Legislation Act 1989, assent, Sch 2. | |
No 13 | Ports Corporatisation and Waterways Management Act 1995. Assented to 15.6.1995. Date of commencement, 1.7.1995, sec 2 and GG No 79 of 30.6.1995, p 3435. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 1996. Assented to 21.6.1996. Date of commencement of the provisions of Sch 1 relating to the Subordinate Legislation Act 1989, assent, sec 2 (2). | |
No 121 | Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 1.21, assent, sec 2 (2). | |
No 130 | Bank Mergers Act 1996. Assented to 4.12.1996. Date of commencement, assent, sec 2. | |
No 51 | Occupational Health and Safety Amendment Act 1997. Assented to 2.7.1997. The amendment made by Sch 3.6 was not commenced and was repealed by the Occupational Health and Safety Act 2000 No 40. | |
No 55 | Statute Law (Miscellaneous Provisions) Act 1997. Assented to 2.7.1997. Date of commencement of Sch 1.26, assent, sec 2 (2). | |
No 153 | Fisheries Management Amendment Act 1997. Assented to 19.12.1997. Date of commencement of Sch 6, 1.7.1998, sec 2 and GG No 100 of 26.6.1998, p 5093. | |
No 156 | Protection of the Environment Operations Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1999, sec 2 and GG No 178 of 24.12.1998, p 9952. Amended by Statute Law (Miscellaneous Provisions) Act 1998 No 54. Assented to 30.6.1998. Date of commencement of Sch 1.14, 1.7.1999, Sch 1.14 and GG No 178 of 24.12.1998, p 9952. | |
No 45 | Agricultural Industry Services Act 1998. Assented to 26.6.1998. Date of commencement, 14.8.1998, sec 2 and GG No 120 of 14.8.1998, p 6025. | |
No 54 | Statute Law (Miscellaneous Provisions) Act 1998. Assented to 30.6.1998. Date of commencement of Sch 1.19, assent, sec 2 (2). | |
No 19 | Road Transport Legislation Amendment Act 1999. Assented to 1.7.1999. Date of commencement of Sch 4, assent, sec 2 (2). | |
No 31 | Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999. Date of commencement of Sch 1.49, assent, sec 2 (2). | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2000. Assented to 29.6.2000. Date of commencement of Sch 1.31, assent, sec 2 (2). | |
No 92 | Water Management Act 2000. Assented to 8.12.2000. Date of commencement of Sch 8.26, 1.1.2001, sec 2 and GG No 168 of 22.12.2000, p 13471. | |
No 32 | Corporations (Ancillary Provisions) Act 2001. Assented to 28.6.2001. Date of commencement, immediately before the Corporations Act 2001 of the Commonwealth, as originally enacted, comes into operation (ie 15.7.2001), sec 2 and Commonwealth Gazette No S 285 of 13.7.2001. | |
No 16 | AGL Corporate Conversion Act 2002. Assented to 16.5.2002. Date of commencement, assent, sec 2. | |
No 77 | Legislation Review Amendment Act 2002. Assented to 2.10.2002. Date of commencement of Sch 2, 2.5.2003, sec 2 and GG No 81 of 2.5.2003, p 4615. | |
No 64 | Royal Blind Society (Corporate Conversion) Act 2003. Assented to 11.11.2003. Date of commencement, assent, sec 2. | |
No 26 | Fisheries Management Amendment Act 2004. Assented to 6.5.2004. Date of commencement of Sch 2, 1.7.2004, sec 2 and GG No 104 of 25.6.2004, p 4384. | |
No 55 | Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 1.40, assent, sec 2 (2). | |
No 18 | Energy Administration Amendment (Water and Energy Savings) Act 2005. Assented to 18.5.2005. Date of commencement of Sch 2.10, 20.5.2005, sec 2 and GG No 57 of 20.5.2005, p 1733. | |
No 45 | James Hardie Former Subsidiaries (Special Provisions) Act 2005. Assented to 23.6.2005. Date of commencement, assent, sec 2. | |
No 64 | Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 1.41, assent, sec 2 (2). | |
No 105 | James Hardie Former Subsidiaries (Winding up and Administration) Act 2005. Assented to 2.12.2005. Date of commencement of Sch 2, 8.2.2007, sec 2 (1) and GG No 30 of 8.2.2007, p 731. | |
No 43 | Interpretation Amendment Act 2006. Assented to 8.6.2006. Date of commencement of Sch 2.3, 2.3.2009, sec 2 (2) and GG No 20 of 23.1.2009, p 394. | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 1.32, assent, sec 2 (2). | |
No 106 | World Youth Day Act 2006. Assented to 27.11.2006. Date of commencement, 4.12.2006, sec 2 and GG No 168 of 1.12.2006, p 10089. | |
No 14 | APEC Meeting (Police Powers) Act 2007. Assented to 4.7.2007. Date of commencement, assent, sec 2. Date of amendment by sec 41 (c), the beginning of 13.9.2007, sec 41. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.50, assent, sec 2 (2). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 2.20, assent, sec 2 (2). | |
No 29 | Marine Parks Amendment Act 2008. Assented to 17.6.2008. Date of commencement, assent, sec 2. | |
No 52 | Australian Jockey Club Act 2008. Assented to 1.7.2008. Date of commencement, assent, sec 2. | |
No 62 | Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008. Date of commencement of Sch 1.35, assent, sec 2 (2). | |
No 91 | Bible Society NSW (Corporate Conversion) Act 2008. Assented to 20.11.2008. Date of commencement, assent, sec 2. | |
No 106 | Homebush Motor Racing (Sydney 400) Act 2008. Assented to 8.12.2008. Date of commencement, 19.12.2008, sec 2 and GG No 158 of 19.12.2008, p 12307. | |
No 1 | Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009. Assented to 13.3.2009. Date of commencement, assent, sec 2. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Schs 1.39 and 2.68, 17.7.2009, sec 2 (2). | |
No 60 | NSW Lotteries (Authorised Transaction) Act 2009. Assented to 16.9.2009. Date of commencement of Sch 5.3, 2.10.2009, sec 2 and 2009 (491) LW 2.10.2009. | |
No 8 | Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010. Assented to 23.3.2010. Date of commencement of Sch 6.3, assent, sec 2 (1). | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.26, 9.7.2010, sec 2 (2). | |
No 93 | Australian Jockey and Sydney Turf Clubs Merger Act 2010. Assented to 16.11.2010. Date of commencement of Sch 3, 7.2.2011, sec 2 (2) and 2011 (43) LW 4.2.2011. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 1.33, 7.1.2011, sec 2 (2). | |
No 22 | Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 2.26, 26.8.2011, sec 2 and 2011 (463) LW 26.8.2011. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 3, 8.7.2011, sec 2 (2). | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 4, 6.1.2012, sec 2 (1). | |
No 35 | Electricity Generator Assets (Authorised Transactions) Act 2012. Assented to 5.6.2012. Date of commencement of Sch 7, assent, sec 2 (1). | |
No 42 | Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Sch 1.26, 6.7.2012, sec 2 (1). | |
No 101 | Ports Assets (Authorised Transactions) Act 2012. Assented to 26.11.2012. Date of commencement, assent, sec 2. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 1.30 [1] and [3], 5.7.2013, sec 2 (1); date of commencement of Sch 1.30 [2], 2.9.2013, Sch 1.30. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 1.16, 4.7.2014, sec 2 (1). | |
No 72 | Marine Estate Management Act 2014. Assented to 11.11.2014. Date of commencement, 19.12.2014, sec 2 and 2014 (833) LW 19.12.2014. | |
No 79 | Environmental Planning and Assessment Amendment Act 2014. Assented to 19.11.2014. Date of commencement of Sch 5, assent, sec 2 (2). | |
No 5 | Electricity Network Assets (Authorised Transactions) Act 2015. Assented to 4.6.2015. Date of commencement of Sch 8, assent, sec 2 (1). | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 1.26, 8.7.2015, sec 2 (1). | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 1, 8.1.2016, sec 2 (1). | |
No 19 | Superannuation Administration Corporation (Pillar) (Authorised Transaction) Act 2016. Assented to 19.5.2016. Date of commencement of Sch 7, assent, sec 2 (1). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Schs 1.28 and 4, 8.7.2016, sec 2 (1). | |
No 46 | Land and Property Information NSW (Authorised Transaction) Act 2016. Assented to 28.9.2016. Date of commencement of Sch 4, 19.5.2017, sec 2 (2) and 2017 (96) LW 24.3.2017. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 1.20, 7 days after assent, sec 2 (1). | |
No 60 | Environmental Planning and Assessment Amendment Act 2017. Assented to 23.11.2017. Date of commencement, 1.3.2018, sec 2 and 2018 (64) LW 28.2.2018. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.24, 14 days after assent, sec 2 (1). | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 1.21, 14 days after assent, sec 2 (1). | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 4 | COVID-19 Legislation Amendment (Emergency Measures—Attorney General) Act 2020. Assented to 14.5.2020. Date of commencement, assent, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 2.36, 1.9.1990, Sch 2.36. | |
No 6 | Health Legislation (Miscellaneous) Amendment Act 2022. Assented to 24.3.2022. Date of commencement, assent, sec 2. | |
No 26 | Statute Law (Miscellaneous Provisions) Act 2022. Assented to 16.6.2022. Date of commencement, assent, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 61 | Building and Other Fair Trading Legislation Amendment Act 2022. Assented to 14.11.2022. Date of commencement, assent, sec 2. | |
No 63 | Treasury and Energy Legislation Amendment Act 2022. Assented to 14.11.2022. Date of commencement of Sch 4.4, assent, sec 2(1)(b). | |
No 73 | Medicines, Poisons and Therapeutic Goods Act 2022. Assented to 28.11.2022. Date of commencement of Sch 5.32, 17.2.2023, sec 2 and 2023 (46) LW 17.2.2023. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 30 | Radiation Control Amendment Act 2023. Assented to 24.10.2023. Date of commencement of Sch 2, assent, sec 2(c). | |
No 38 | Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2. | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 1.10, assent, sec 2(e). |
This Act has also been amended by regulations under sec 14 of this Act, published in Gazettes No 157 of 8.11.1991, p 9375 and No 108 of 26.8.1994, p 5144.
Sec 3 | Am 2002 No 77, Sch 2.2 [1] [2]. |
Sec 4 | Am 2010 No 59, Sch 1.26 [1]. |
Sec 5 | Am 1993 No 48, Sch 1 (1); 2002 No 77, Sch 2.2 [3]; 2006 No 43, Sch 2.3 [1]; 2023 No 7, Sch 1.20[1] [2]. |
Sec 6 | Am 1994 No 95, Sch 2. |
Sec 8 | Am 2006 No 43, Sch 2.3 [2] [3]. |
Sec 10 | Am 1993 No 48, Sch 1 (2); 1996 No 30, Sch 1; 1996 No 121, Sch 1.21 (1) (2); 1997 No 55, Sch 1.26 [1]; 1998 No 54, Sch 1.19 [1] [2]; 1999 No 19, Sch 4.3 [1]; 1999 No 31, Sch 1.49 [1]; 2000 No 53, Sch 1.31 [1] [2]; 2004 No 55, Sch 1.40 [1]; 2005 No 64, Sch 1.41; 2006 No 58, Sch 1.32; 2007 No 27, Sch 1.50 [1]–[3]; 2008 No 29, Sch 2 [1]; 2008 No 62, Sch 1.35 [1] [2]; 2009 No 56, Sch 1.39 [1] [2]; 2010 No 59, Sch 1.26 [2]; 2014 No 72, Sch 4.14 [1]; 2020 No 30, Sch 2.36[1] [2]; 2022 No 63, Sch 4.4[1] [2]; 2024 No 47, Sch 1.24[1]. |
Sec 10A | Ins 2010 No 59, Sch 1.26 [3]. Am 2010 No 119, Sch 1.33 [1] [2]; 2011 No 22, Sch 2.26; 2012 No 42, Sch 1.26 [1] [2]; 2013 No 47, Sch 1.30 [1] [2]. |
Sec 11 | Am 1993 No 48, Sch 1 (3); 1993 No 108, Sch 2; 1996 No 30, Sch 1; 1997 No 55, Sch 1.26 [2]; 1998 No 54, Sch 1.19 [3]; 1999 No 31, Sch 1.49 [2]; 2000 No 53, Sch 1.31 [3]; 2002 No 77, Sch 2.2 [3]; 2006 No 43, Sch 2.3 [4]; 2007 No 82, Sch 2.20; 2009 No 56, Sch 1.39 [3]; 2010 No 59, Sch 1.26 [4]; 2022 No 59, Sch 2.45. |
Sec 12 | Am 1992 No 34, Sch 1; 1994 No 95, Sch 2; 1995 No 13, Sch 4; 2006 No 43, Sch 2.3 [5]. |
Secs 13, 14 | Am 2002 No 77, Sch 2.2 [3]. |
Sec 15 | Rep 1999 No 85, Sch 4. |
Sch 2 | Am 1998 No 45, Sch 3.8. |
Sch 3 | Am GG No 108 of 26.8.1994, p 5144; 1997 No 153, Sch 6.5; 1997 No 156, Sch 4.16 (am 1998 No 54, Sch 1.14 [3]); 1999 No 19, Sch 4.3 [2]; 2004 No 26, Sch 2.2; 2004 No 55, Sch 1.40 [2]; 2008 No 29, Sch 2 [2]; 2008 No 106, sec 45; 2014 No 72, Sch 4.14 [2]; 2015 No 58, Sch 1.12; 2022 No 26, Sch 1.2[1]. |
Sch 4 | Am 1990 No 92, sec 40; 1991 No 17, Sch 1; GG No 157 of 8.11.1991, p 9375; 1996 No 30, Sch 1; 1996 No 130, sec 9; 2000 No 92, Sch 8.26; 2001 No 32, Sch 2.6; 2002 No 16, Sch 5; 2003 No 64, Sch 2; 2005 No 18, Sch 2.10; 2005 No 45, Sch 2; 2005 No 105, Sch 2; 2006 No 106, Sch 2.3; 2007 No 14, sec 41 (c), Sch 3.4; 2008 No 52, Sch 2.3; 2008 No 91, Sch 1.2; 2009 No 1, Sch 2.2; 2009 No 56, Sch 2.68 [1] [2]; 2009 No 60, Sch 5.3; 2010 No 8, Sch 6.3; 2010 No 59, Sch 1.26 [5]; 2010 No 93, Sch 3.3 [1] [2]; 2011 No 27, Sch 3.12; 2011 No 62, Sch 4.9; 2012 No 35, Sch 7; 2012 No 101, Sch 6.6; 2015 No 5, Sch 8.29; 2016 No 19, Sch 7; 2016 No 27, Sch 4; 2016 No 46, Sch 4.6; 2023 No 38, Sch 2.4. |
Sch 5 | Ins 2013 No 47, Sch 1.30 [3]. Am 1989 No 146, Sch 5; 2014 No 33, Sch 1.16; 2014 No 79, Sch 5; 2015 No 15, Sch 1.26; 2016 No 27, Sch 1.28; 2017 No 22, Sch 1.20; 2017 No 60, Sch 11.9; 2018 No 25, Sch 1.24; 2019 No 1, Sch 1.21; 2020 No 1, Sch 2.20; 2020 No 4, Sch 1.6; 2022 No 6, Sch 1.7. Subst 2022 No 26, Sch 1.2[2]. Am 2022 No 61, Sch 1.7; 2022 No 73, Sch 5.32; 2023 No 30, Sch 2.8; 2024 No 47, Sch 1.24[2]–[5]; 2025 No 48, Sch 1.10[1] [2]. |
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