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This is a Bill, not an Act. For current law, see the Acts databases.
Statute Law (Miscellaneous
Provisions) Bill 2009
No , 2009
A Bill for
An Act to repeal certain Acts and to amend certain other Acts and instruments in
various respects and for the purpose of effecting statute law revision; and to make
certain savings.
Clause 1 Statute Law (Miscellaneous Provisions) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act 2009. 3
2 Commencement 4
(1) This Act commences on 17 July 2009, except as provided by this 5
section. 6
(2) The amendments made by Schedules 1 and 2 commence on the day or 7
days specified in those Schedules in relation to the amendments 8
concerned. 9
3 Repeal of provisions of Act 10
(1) A subschedule of Schedule 1, 2, 3 or 4 is repealed on the day following 11
the day on which all of the provisions of the subschedule have 12
commenced. 13
(2) The repeal of any such subschedule does not, because of the operation 14
of section 30 of the Interpretation Act 1987, affect any amendment 15
made by those subschedules. 16
4 Explanatory notes 17
The matter appearing under the heading "Explanatory note" in any of 18
the Schedules does not form part of this Act. 19
Page 2
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
Schedule 1 Minor amendments 1
1.1 Adoption Act 2000 No 75 2
[1] Section 54 When consent of parent or person who has parental 3
responsibility not required 4
Omit "and the Director-General or appropriate principal officer has given 5
reasonable notice, or used their best endeavours to give reasonable notice, of 6
the application for the adoption order to the parent or person who has parental 7
responsibility whose consent would otherwise be required" from section 8
54 (1) (c). 9
[2] Section 54 (3) and (4) 10
Insert after section 54 (2) before the note: 11
(3) However, the Court must not make an adoption order in relation 12
to a child who is less than 18 years of age who gives sole consent 13
to his or her adoption, unless: 14
(a) the Court is satisfied that at least 14 days' notice of the 15
application for the adoption order has been given by the 16
Director-General or appropriate principal officer to the 17
parent or person who has parental responsibility whose 18
consent would otherwise be required, or 19
(b) the Court dispenses with the giving of notice. 20
(4) The regulations may prescribe the particulars to be contained in 21
a notice under this section. 22
[3] Dictionary 23
Omit "3 years'" from paragraph (b) of the definition of spouse. 24
Insert instead "2 years'". 25
[4] Dictionary, definition of "step parent" 26
Omit "3 or more years" from paragraph (b). 27
Insert instead "2 or more years". 28
Explanatory note 29
Item [2] of the proposed amendments to the Adoption Act 2000 (the Act) specifies the 30
type of notice of an adoption application that must be given to the birth parent of a child 31
before the child is permitted to give sole consent to his or her adoption. Under the 32
amendments, a child aged between 12 and 18 years of age may give sole consent to 33
his or her adoption if at least 14 days' notice of the application for the adoption order 34
(containing the prescribed particulars) has been given to his or her birth parents or if 35
the Court dispenses with the giving of notice. At present, the Act requires such notice 36
Page 3
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
to be given but does not specify the period for giving the notice or the particulars to be 1
included in the notice. Item [1] is a consequential amendment. 2
The Adoption Amendment Act 2008 reduced the length of time that a step parent and 3
a child must live together before the step parent can adopt the child from 3 years to 4
2 years. Item [4] makes a consequential amendment to the definition of step parent so 5
that a person is a step parent if the person has been in a de facto relationship (that is, 6
a relationship between a man and a woman who live together as husband and wife but 7
who are not married) with a child's birth parent or adoptive parent for 2 years (rather 8
than 3 years, as is currently the case). Item [3] makes a similar amendment to the 9
definition of spouse that, for consistency with the provisions relating to step parents, 10
reduces the required length of a de facto relationship from at least 3 years to at least 11
2 years. 12
1.2 Adoption Amendment Act 2008 No 103 13
[1] Schedule 1 Amendments 14
Insert "(including prescribed information relating to the adopted person's birth 15
parents, siblings and adopted brothers and sisters)" after "information source" 16
in proposed section 133C (1) (c) in Schedule 1 [23]. 17
[2] Schedule 1 [27] 18
Omit proposed section 136A (7). Insert instead: 19
(7) The Director-General cannot delegate his or her functions under 20
this section to any person other than an officer of the Department. 21
Explanatory note 22
The Adoption Amendment Act 2008 (the Act) establishes arrangements for more open 23
access to adoption information. Under the new provisions, which have not yet 24
commenced, an adopted person may obtain prescribed information relating to the 25
adopted person. Item [1] of the proposed amendments to the Act makes it clear that 26
the type of information relating to an adopted person that may be obtained includes 27
prescribed information relating to the adopted person's family members. This puts 28
beyond doubt that the type of information that is made available to adopted persons 29
under existing access arrangements (which includes information relating to birth 30
parents and siblings) can also be made available under the new access arrangements. 31
Item [2] of the proposed amendments allows the Director-General of the Department 32
of Community Services to delegate certain functions relating to the supply of adoption 33
information, but only to an officer of the Department. At present, the functions 34
concerned cannot be delegated by the Director-General. 35
1.3 Annual Reports (Departments) Regulation 2005 36
Clause 5 Additional matters for inclusion in annual reports 37
Insert after clause 5 (c): 38
(c1) a statement of the action taken by the Department in 39
complying with the requirements of the Privacy and 40
Personal Information Protection Act 1998, and 41
Page 4
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
(c2) statistical details of any review conducted by or on behalf 1
of the Department under Part 5 of the Privacy and 2
Personal Information Protection Act 1998, and 3
Explanatory note 4
The proposed amendment to the Annual Reports (Departments) Regulation 2005 5
inserts a provision (omitted from the Privacy and Personal Information Protection Act 6
1998 by a proposed amendment elsewhere in this Schedule) requiring the annual 7
reports of Government Departments to include a statement of their compliance with the 8
Act and statistical details of internal reviews they conduct under the Act. 9
1.4 Annual Reports (Statutory Bodies) Regulation 2005 10
Clause 8 Additional matters for inclusion in annual reports 11
Insert at the end of the clause: 12
(3) For the purposes of section 7 (1) (a) (v) of the Act, the following 13
matters are prescribed as matters that the annual report of a 14
statutory body must comprise: 15
(a) a statement of the action taken by the body in complying 16
with the requirements of the Privacy and Personal 17
Information Protection Act 1998, 18
(b) statistical details of any review conducted by or on behalf 19
of the body under Part 5 of the Privacy and Personal 20
Information Protection Act 1998. 21
Explanatory note 22
The proposed amendment to the Annual Reports (Statutory Bodies) Regulation 2005 23
inserts a provision (omitted from the Privacy and Personal Information Protection Act 24
1998 by a proposed amendment elsewhere in this Schedule) requiring the annual 25
reports of statutory bodies to include a statement of their compliance with the Act and 26
statistical details of internal reviews they conduct under the Act. 27
1.5 Australian Museum Trust Act 1975 No 95 28
[1] Schedule 1 Composition and procedure of the Trust 29
Omit "for 3 years" from clause 3 (1). 30
Insert instead "for such period, not exceeding 3 years, as is specified in the 31
trustee's instrument of appointment". 32
Page 5
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
[2] Schedule 3 Savings and other provisions 1
Insert at the end of the Schedule: 2
7 Provision consequent on enactment of Statute Law 3
(Miscellaneous Provisions) Act 2009 4
The amendment to clause 3 (1) of Schedule 1 made by the Statute 5
Law (Miscellaneous Provisions) Act 2009 does not affect the 6
term of office that a person holds as a trustee immediately before 7
the amendment took effect. 8
Explanatory note 9
Currently, the Australian Museum Trust Act 1975 (the Act) provides that (subject to 10
various provisions of the Act) a trustee of the Australian Museum Trust is to hold office 11
for 3 years. Item [1] of the proposed amendments to the Act instead requires a trustee 12
to hold office for such period, not exceeding 3 years, as is specified in the trustee's 13
instrument of appointment. The amendment is consistent with provision made for the 14
term of office of trustees under the Art Gallery of New South Wales Act 1980 and the 15
Historic Houses Act 1980 and for the term of like offices under the Film and Television 16
Office Act 1988. 17
Item [2] of the proposed amendments inserts a savings and transitional provision 18
relating to the amendment proposed to be made by item [1]. 19
1.6 Coastal Protection Act 1979 No 13 20
[1] Section 55B Requirement for coastal zone management plans 21
Insert after section 55B (3): 22
(4) A coastal zone management plan may be made in relation to the 23
whole, or any part, of the area included within the coastal zone. 24
[2] Schedule 1 Savings, transitional and other provisions 25
Insert after Part 2: 26
Part 3 Provisions consequent on enactment of 27
Statute Law (Miscellaneous Provisions) 28
Act 2009 29
4 Coastal zone management plans applying to only part of a coastal 30
zone 31
A coastal zone management plan that was made by a council or 32
councils under section 55B before the commencement of section 33
55B (4) (as inserted by the Statute Law (Miscellaneous 34
Provisions) Act 2009), that would have been validly made had 35
that subsection been in force, is taken to have been validly made. 36
Page 6
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
Explanatory note 1
Item [1] of the proposed amendments to the Coastal Protection Act 1979 (the Act) 2
makes it clear that a coastal zone management plan made under the Act in relation to 3
a coastal zone within a local council's area may be made in relation to the whole or any 4
part of the coastal zone. 5
Item [2] validates any coastal zone management plan made before the commencement 6
of the proposed amendment in item [1] that would have been validly made had the 7
provision been in force. 8
1.7 Community Land Management Act 1989 No 202 9
Section 109B Functions of Director-General 10
Omit section 109B (2) (a)-(c). Insert instead: 11
(a) investigating and carrying out research into matters 12
relating to or affecting community schemes, 13
(b) investigating and attempting to resolve complaints and 14
disputes relating to community schemes and taking such 15
action as the Director-General thinks appropriate, 16
(c) prosecuting any offence under this Act or the regulations, 17
Explanatory note 18
The proposed amendment to the Community Land Management Act 1989 (the Act) 19
makes it clear that the Director-General may investigate and carry out research into 20
matters relating to community schemes, investigate complaints and disputes relating to 21
community schemes and may prosecute any offence under the Act or the regulations 22
made under the Act. 23
1.8 Community Services (Complaints, Reviews and Monitoring) 24
Act 1993 No 2 25
Schedule 1 Savings and transitional provisions 26
Insert at the end of clause 1 (1): 27
Children Legislation Amendment (Wood Inquiry 28
Recommendations) Act 2009, to the extent that it amends this Act 29
Commencement 30
The amendment commences on the date of assent to this Act. 31
Explanatory note 32
The Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 (the 33
amending Act) amends the Community Services (Complaints, Reviews and 34
Monitoring) Act 1993 (the principal Act) and various other Acts and legislation to give 35
effect to certain recommendations in the Report of the Special Commission of Inquiry 36
into Child Protection Services in NSW (also known as the Wood Report). 37
Page 7
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
The proposed amendment allows regulations of a savings or transitional nature to be 1
made as a consequence of the (as yet uncommenced) amendments made by the 2
amending Act to the principal Act (consistent with amendments made by the amending 3
Act to other Acts, that enable such regulations to be made as a consequence of its 4
amendment of those Acts). 5
1.9 Crimes (Domestic and Personal Violence) Act 2007 No 80 6
Section 84 Review and appeal provisions concerning making etc of 7
apprehended violence orders 8
Insert "or the Children's Court" after "Local Court" in section 84 (5B). 9
Explanatory note 10
Section 84 allows, among other things, appeals to be made to the District Court against 11
decisions of the Local Court or Children's Court to refuse to annul an apprehended 12
violence order made by the Court. Section 84 (5B) refers to the District Court allowing 13
such an appeal and remitting the matter to the Local Court. The proposed amendment 14
to the Crimes (Domestic and Personal Violence) Act 2007 inserts a missing reference 15
to the Children's Court in this context. 16
1.10 Dangerous Goods (Road and Rail Transport) Act 2008 No 95 17
[1] Section 4 Definitions 18
Insert in alphabetical order in section 4 (1): 19
consign--see subsection (1A). 20
[2] Section 4 (1A) 21
Insert after section 4 (1): 22
(1A) For the purposes of this Act, a person consigns goods if they are 23
the consignor of the goods. 24
[3] Section 6 Licensing of vehicles transporting dangerous goods 25
Omit "500 penalty units or imprisonment for 2 years, or both, for an individual 26
or 2,500 penalty units for a body corporate" from section 6 (2). 27
Insert instead "100 penalty units for an individual or 500 penalty units for a 28
body corporate". 29
[4] Section 53 Supervisory intervention orders 30
Omit "500 penalty units or imprisonment for 2 years, or both, for an individual 31
or 2,500 penalty units for a body corporate" from section 53 (9). 32
Insert instead "100 penalty units for an individual or 500 penalty units for a 33
body corporate". 34
Explanatory note 35
Items [1] and [2] of the proposed amendments to the Dangerous Goods (Road and Rail 36
Transport) Act 2008 (the Act) insert a definition of the verb consign into the Act. The 37
Page 8
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
amendment is consistent with the national uniform approach to the regulation of 1
transport of dangerous goods across Australia and from overseas as contained in the 2
model provisions prepared by the National Transport Commission. 3
Items [3] and [4] of the proposed amendments reduce the penalty for an offence under 4
sections 6 (2) and 53 (9). Currently the sections provide that the maximum penalty is 5
500 penalty units or imprisonment for 2 years, or both, for an individual or 2,500 penalty 6
units for a body corporate. The proposed amendments bring the penalties into line with 7
the model provisions. 8
1.11 District Court Act 1973 No 9 9
Section 15 Remuneration 10
Insert after section 15 (2): 11
(3) However, a Judge is not entitled to the remuneration referred to 12
in subsection (1) for any period for which the Judge is on leave 13
without pay (being leave that is agreed to by the Judge). 14
Explanatory note 15
Section 15 of the District Court Act 1973 (the Act) provides that the remuneration 16
referred to in that section that is payable to a Judge of the District Court is to be paid 17
so long as the Judge continues to hold office as such. The proposed amendment to the 18
Act clarifies that Judges are not entitled to such remuneration for any period for which 19
they are on leave without pay (being leave that they have agreed to take). 20
1.12 Electricity Supply Act 1995 No 94 21
[1] Sections 97AB, definition of "market customer" and 105A (1), (3) and (4) 22
Omit "NEMMCO" wherever occurring. Insert instead "AEMO". 23
[2] Section 97AB 24
Omit the definition of NEMMCO. Insert in alphabetical order: 25
AEMO means the Australian Energy Market Operator Limited 26
ACN 072 010 327. 27
[3] Dictionary 28
Omit the definition of NEMMCO. Insert in alphabetical order: 29
AEMO has the same meaning as it has in Part 8A. 30
Commencement 31
The amendments to the Electricity Supply Act 1995 commence, or are taken to have 32
commenced, on the commencement of section 17 of the National Electricity (South 33
Australia) (National Electricity Law--Australian Energy Market Operator) Amendment 34
Act 2009 of South Australia. 35
Explanatory note 36
The Council of Australian Governments has agreed to establish a national energy 37
market operator, Australian Energy Market Operator Limited (AEMO) which is to 38
replace the National Electricity Market Management Company Limited. AEMO is to 39
Page 9
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
have its statutory functions conferred on it by way of amendments to the National 1
Electricity Law (the Schedule to the National Electricity (South Australia) Act 1996 of 2
South Australia) and the National Gas Law (the Schedule to the National Gas (South 3
Australia) Act 2008 of South Australia). Those laws apply as laws of NSW by virtue of 4
the National Electricity (New South Wales) Act 1997 and the National Gas (New South 5
Wales) Act 2008, respectively. 6
The proposed amendments to the Electricity Supply Act 1995 replace references to 7
NEMMCO with AEMO as a consequence of those changes. 8
1.13 Environmental Planning and Assessment Act 1979 No 203 9
[1] Section 72I Application of Division 10
Insert after section 72I (2): 11
(3) A reference in this Division to the appropriate amendment of an 12
environmental planning instrument includes a reference to the 13
making of an appropriate principal environmental planning 14
instrument. 15
[2] Section 72K Joint exhibition of instrument and advertising of application 16
Insert "if that is practicable or, if that is not practicable, as closely together as 17
is practicable" after "same notice" in section 72K (1). 18
[3] Section 72K (2) 19
Insert "the subject of the same notice" after "development application". 20
[4] Section 94EC Contributions plans--complying development 21
Insert after section 94EC (1): 22
(1A) The imposition of a condition by an accredited certifier as 23
authorised by a contributions plan is subject to compliance with 24
any directions given under section 94E (1) (a), (b) or (d) with 25
which a council would be required to comply if issuing the 26
complying development certificate concerned. 27
[5] Section 94EE Minister to determine development contributions 28
Insert at the end of the section: 29
(7) Subsection (3A) does not limit any payments being made out of 30
the Fund to a council or the Department under section 31
94EL (1) (a). 32
[6] Section 109H Restrictions on issue of occupation certificates 33
Insert ", or any requirements of a planning agreement referred to in section 93F 34
that, by its terms, are required to be complied with before such a certificate is 35
issued," after "complying development certificate" in section 109H (2). 36
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Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
[7] Sections 109H and 109J 1
Omit "section 93F" wherever occurring. Insert instead "section 116T". 2
[8] Section 109J Restriction on issue of subdivision certificates 3
Insert after section 109J (1) (c): 4
(c1) in the case of subdivision of land to which a planning 5
agreement referred to in section 93F applies, all the 6
requirements of the agreement that, by its terms, are 7
required to be complied with before a subdivision 8
certificate is issued in relation to the plan of subdivision 9
have been complied with, and 10
[9] Schedule 6 Savings, transitional and other provisions 11
Insert at the end of the Schedule with appropriate Part and clause numbering: 12
Part Statute Law (Miscellaneous Provisions) 13
Act 2009 14
Restrictions on the issue of occupation or subdivision certificate 15
The amendments made by Schedule 1.13 [6] and [8] to the Statute Law 16
(Miscellaneous Provisions) Act 2009 apply only in relation to an 17
application for an occupation certificate or a subdivision certificate 18
made on or after the commencement of those amendments. 19
Commencement 20
Items [6], [8] and [9] of the amendments commence on a day or days to be appointed 21
by proclamation. 22
Item [7] of the amendments commences, or is taken to have commenced, on the 23
commencement of Schedule 3.1 [6] to the Environmental Planning and Assessment 24
Amendment Act 2008. 25
Explanatory note 26
Development applications and new or amending environmental planning 27
instruments 28
Sections 72I-72K of the Environmental Planning and Assessment Act 1979 (the EP&A 29
Act) allow for the making, and consideration by a consent authority, of development 30
applications related to development that may only be carried out if an environmental 31
planning instrument applying to the land is appropriately amended, and require the joint 32
notification of such a development application and the draft environmental planning 33
instrument allowing the development. 34
The effect of item [1] of the proposed amendments to the EP&A Act is to allow these 35
provisions to operate where the development will be allowed by a principal (and not just 36
an amending) environmental planning instrument. 37
Page 11
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
The effect of item [2] of the proposed amendments is to require joint notification of the 1
relevant development application and environmental planning instrument only if that is 2
practicable and, if that is not practicable, to require the separate notification of each to 3
be given as closely together as is practicable. Item [3] makes a consequential 4
amendment. 5
Ministerial directions to accredited certifiers about development contributions 6
Under the EP&A Act, both local councils and accredited certifiers may, when issuing 7
complying development certificates, impose conditions requiring contributions for local 8
infrastructure. Section 94E of the EP&A Act authorises the Minister to direct a consent 9
authority (which is defined to include a local council in this context, but not an 10
accredited certifier) as to various matters in relation to such contributions, including the 11
matters in relation to which they may be imposed and the maximum amount of any 12
such contribution. 13
The effect of item [4] of the proposed amendments is to extend the application of the 14
Minister's directions under section 94E that are relevant to accredited certifiers and that 15
relate to complying development, to accredited certifiers. 16
Special infrastructure contributions 17
The EP&A Act enables the State to require development contributions for the provision 18
of infrastructure in relation to development on land within a special contributions area. 19
In determining the level and nature of such a contribution, the Minister is required by 20
section 94EE (3A) of the EP&A Act to identify what part (if any) of the contribution is for 21
the provision of infrastructure by a local council or for the provision of certain 22
infrastructure by the Minister, the Department or the Director-General. Those parts that 23
are so identified are not required to be paid into the Special Contributions Areas 24
Infrastructure Fund (the Fund) established under the Act and are instead to be paid to 25
the local council or the Department as the case requires. 26
Item [5] of the proposed amendments inserts a provision to clarify that section 27
94EE (3A) does not limit any payments being made out of the Fund to a local council 28
or the Department for the provision of infrastructure in relation to development. 29
Prerequisites to issue of subdivision or occupation certificates 30
The EP&A Act provides for voluntary agreements between planning authorities and 31
developers (planning agreements), under which the developer is required to provide 32
a development contribution for a public purpose. 33
Section 109J of the EP&A Act sets out requirements that must be satisfied before a 34
subdivision certificate may be issued. Item [8] of the proposed amendments includes a 35
requirement that all the requirements of a planning agreement that, by its terms, are 36
required to be complied with before such a certificate is issued, have been met. Item [6] 37
of the proposed amendments makes a parallel amendment to section 109H of the 38
EP&A Act, which provides for requirements that must be satisfied before an occupation 39
certificate may be issued. (Similar requirements exist in relation to conditions of a 40
development consent (including any condition requiring a development contribution to 41
be made) that are required to be met before a subdivision or occupation certificate may 42
be issued.) Item [9] inserts a consequential savings and transitional provision. 43
Updating references 44
Item [7] of the proposed amendments updates a cross-reference as a consequence of 45
(uncommenced) amendments to the EP&A Act by the Environmental Planning and 46
Assessment Amendment Act 2008. 47
Page 12
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
1.14 Environmental Planning and Assessment Amendment Act 1
2008 No 36 2
[1] Schedule 3 Amendments relating to development contributions 3
Omit "a direct contribution that requires" from proposed clause 10 (1) (b) of 4
Schedule 1 to the Environmental Planning and Assessment Act 1979 in 5
Schedule 3.1 [7]. 6
[2] Schedule 3.1 [7] 7
Insert after proposed clause 10 (1) of Schedule 1 to the Environmental 8
Planning and Assessment Act 1979: 9
(1A) The imposition of a condition by an accredited certifier as 10
authorised by a contributions plan is subject to compliance with 11
any directions given under section 116L (1) (a), (b), (c) or (e) 12
with which a council would be required to comply if issuing the 13
complying development certificate concerned. 14
[3] Schedule 3.1 [7] 15
Insert at the end of proposed clause 18 of Schedule 1 to the Environmental 16
Planning and Assessment Act 1979: 17
(3) Subclause (1) does not limit any payments being made out of the 18
Fund to a council or the Department under section 116ZF (1) (a). 19
Explanatory note 20
The proposed amendments amend uncommenced provisions of the Environmental 21
Planning and Assessment Act 1979 (the EP&A Act) as proposed to be inserted by the 22
Environmental Planning and Assessment Amendment Act 2008 (the 2008 Act). 23
References in this explanatory note to proposed provisions of the EP&A Act are 24
references to those provisions as proposed to be inserted by the 2008 Act. 25
Accredited certifiers' authority to impose indirect contributions 26
Proposed clause 10 (1) (a) of Schedule 1 to the EP&A Act requires a contributions plan 27
under that Act to specify whether or not an accredited certifier must impose a condition 28
requiring a community infrastructure contribution when issuing a complying 29
development certificate. A community infrastructure contribution is defined to mean 30
a direct contribution (being a monetary or other contribution the equivalent of a 31
section 94 contribution) or an indirect contribution (being a monetary contribution the 32
equivalent of a section 94A contribution). 33
Proposed clause 10 (1) (b) of Schedule 1 to the EP&A Act provides that a contributions 34
plan can only authorise the imposition by an accredited certifier of a condition requiring 35
a direct contribution that requires the payment of a monetary contribution. The intended 36
effect of this subclause is to limit the direct contributions that an accredited certifier may 37
impose to monetary contributions. However, the subclause is capable of being 38
interpreted as limiting, generally, the type of contributions that an accredited certifier 39
may impose to direct contributions that are monetary contributions. Accordingly, 40
item [1] of the proposed amendments omits the words in the subclause that give rise 41
to this ambiguity and, in so doing, confirms that a contributions plan can only authorise 42
the imposition by an accredited certifier of a condition requiring payment of a monetary 43
contribution (whether by way of a direct or an indirect contribution). 44
Page 13
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
Parallel amendments 1
Items [2] and [3] make the same amendments as those made elsewhere in this 2
Schedule to provisions of the Environmental Planning and Assessment Act 1979, to the 3
provisions that will replace them when Schedule 3.1 [7] to the 2008 Act commences. 4
1.15 Fire Brigades Act 1989 No 192 5
Section 80 Information to policy holders 6
Insert at the end of section 80 (2) (b): 7
, and 8
(c) any contribution required under the State Emergency 9
Service Act 1989. 10
Commencement 11
The amendment commences, or is taken to have commenced, on 1 July 2009, the date 12
of commencement of Part 5A of the State Emergency Service Act 1989, as inserted by 13
Schedule 6.3 to the State Revenue and Other Legislation Amendment (Budget 14
Measures) Act 2008. 15
Explanatory note 16
Schedule 6.3 to the State Revenue and Other Legislation Amendment (Budget 17
Measures) Act 2008 commences on 1 July 2009 and inserts Part 5A into the State 18
Emergency Service Act 1989. That Part requires local government councils and 19
insurance companies to contribute, along with the State Government, to the costs of 20
State Emergency Service expenditure. 21
The object of the proposed amendment to the Fire Brigades Act 1989 is to require an 22
insurance company that issues a person with an invoice or other statement in relation 23
to property, home or contents insurance to provide that person with a statement that 24
estimates the amount of the premium that is attributable to any contribution required 25
under the State Emergency Service Act 1989. This is consistent with the statement 26
already required to be provided by insurance companies with respect to similar 27
contributions paid under the Rural Fires Act 1997. 28
1.16 Firearms Act 1996 No 46 29
[1] Section 25 Surrender and seizure of firearms when licence suspended or 30
revoked 31
Insert "or otherwise ceases to be in force" after "suspended or revoked" 32
wherever occurring. 33
[2] Section 36 Unregistered firearms 34
Insert after section 36 (3): 35
(4) A person who is a resident of another State or Territory does not 36
commit an offence under this section of possessing or using an 37
unregistered firearm if the firearm is registered under a law in 38
force in that other State or Territory. 39
Page 14
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
Explanatory note 1
The effect of item [1] of the proposed amendments to the Firearms Act 1996 (the Act) 2
is to require a person whose licence under the Firearms Act 1996 expires or ceases to 3
be in force for any other reason (other than just by suspension or revocation, as at 4
present) to immediately surrender to a police officer the licence and any firearm in the 5
person's possession. 6
Item [2] of the proposed amendments provides that a person who is a resident of a 7
State or Territory other than New South Wales will not commit an offence under 8
section 36 of the Act of possessing or using an unregistered firearm if the firearm is 9
registered in that other State or Territory. 10
1.17 Gas Supply Act 1996 No 38 11
Section 33K Market operations rules 12
Omit section 33K (1) (d). 13
Commencement 14
The amendment commences, or is taken to have commenced, on the commencement 15
of section 14 of the National Gas (South Australia) (National Gas Law--Australian 16
Energy Market Operator) Amendment Act 2009 of South Australia. 17
Explanatory note 18
The Council of Australian Governments has agreed to establish a national energy 19
market operator, Australian Energy Market Operator Limited (AEMO) which is to have 20
its statutory functions conferred on it by way of amendments to the National Electricity 21
Law (the Schedule to the National Electricity (South Australia) Act 1996 of South 22
Australia) and the National Gas Law (the Schedule to the National Gas (South 23
Australia) Act 2008 of South Australia). Those laws apply as laws of NSW by virtue of 24
the National Electricity (New South Wales) Act 1997 and the National Gas (New South 25
Wales) Act 2008, respectively. 26
The proposed amendment to the Gas Supply Act 1996 omits a power for the Minister 27
for Energy to approve rules for or with respect to the establishment and operation of 28
retail market business systems for the natural gas industry. These matters are now to 29
be the responsibility of AEMO. 30
1.18 Holiday Parks (Long-term Casual Occupation) Act 2002 31
No 88 32
[1] Sections 26 (2), 32 (3), 34 (5) and 35 (5) 33
Omit the subsections. 34
[2] Section 33 Right of park owner to compensation where occupant 35
abandons site 36
Omit "in the form prescribed by the regulations" from section 33 (3). 37
Explanatory note 38
The proposed amendments to the Holiday Parks (Long-term Casual Occupation) Act 39
2002 omit the requirement that an application to the Consumer, Trader and Tenancy 40
Tribunal (the Tribunal) under that Act must be made using the form prescribed by the 41
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Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
regulations. This requirement is redundant because section 24 (2) of the Consumer, 1
Trader and Tenancy Tribunal Act 2001 requires an application to be made to the 2
Tribunal in accordance with the regulations made under that Act. 3
1.19 Holiday Parks (Long-term Casual Occupation) Regulation 4
2003 5
Part 2 and Schedule 1 6
Omit the Part and the Schedule. 7
Explanatory note 8
The proposed amendment to the Holiday Parks (Long-term Casual Occupation) 9
Regulation 2003 is consequential on the proposed amendments to the Holiday Parks 10
(Long-term Casual Occupation) Act 2002 made elsewhere in this Schedule. 11
1.20 Innovation Council Act 1996 No 77 12
[1] Section 6 Membership and procedure of Council 13
Omit "16 members" from section 6 (1). 14
Insert instead "no fewer than 10, and no more than 16, members". 15
[2] Section 6 (2) 16
Omit "is to be" where secondly occurring. Insert instead "may be". 17
[3] Schedule 1 Provisions relating to members of Council 18
Omit clauses 1 and 2 (2). 19
[4] Schedule 1, clause 6 (1) (d) 20
Omit "Part 8 of the Public Sector Management Act 1988". 21
Insert instead "Chapter 5 of the Public Sector Employment and Management 22
Act 2002". 23
[5] Schedule 1, clause 8 (1) 24
Omit "Part 2 of the Public Sector Management Act 1988". 25
Insert instead "Chapter 2 of the Public Sector Employment and Management 26
Act 2002". 27
[6] Schedule 2 Provisions relating to procedure of Council 28
Omit "at least 12 of the members" from clause 1. 29
Insert instead "a simple majority of the members". 30
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Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
[7] Schedule 2, clause 3 1
Omit "9 members". Insert instead "a simple majority of members". 2
[8] Schedule 3 Savings and transitional provisions 3
Insert after Part 2: 4
Part 3 Provisions consequent on enactment of 5
Statute Law (Miscellaneous Provisions) 6
Act 2009 7
7 Definition 8
In this Part: 9
amending Act means the Statute Law (Miscellaneous 10
Provisions) Act 2009. 11
8 Continuation of office of members 12
(1) A person who, immediately before the commencement of the 13
amendments to section 6 made by the amending Act, held office 14
as a member of the Council is taken to have been appointed as 15
such under section 6 as amended by the amending Act. 16
(2) A person who, immediately before the commencement of the 17
amendments to section 6 made by the amending Act, held office 18
as Chairperson or Deputy Chairperson of the Council is taken to 19
have been appointed as such under section 6 as amended by the 20
amending Act. 21
(3) Subject to this Act, each person referred to in subclause (1) or (2) 22
holds the relevant office for the residue of the term for which he 23
or she was appointed to that office under section 6 as in force 24
immediately before its amendment by the amending Act. 25
Explanatory note 26
Currently, section 6 of the Innovation Council Act 1996 (the Act) provides that the New 27
South Wales Innovation Council (the Innovation Council) established under the Act 28
is to consist of 16 members appointed by the Governor. Item [1] of the proposed 29
amendments to the Act instead provides for the Innovation Council to consist of no 30
fewer than 10, and no more than 16, members so appointed. 31
Section 6 of the Act also requires the appointment of one of the members of the 32
Innovation Council as a Deputy Chairperson. Item [2] of the proposed amendments 33
makes this requirement discretionary. 34
Item [3] of the proposed amendments omits spent provisions relating to the terms of 35
office of first members of the Innovation Council. 36
Items [4] and [5] of the proposed amendments update references to a repealed Act. 37
Item [7] of the proposed amendments changes the quorum for a meeting of the 38
Innovation Council from 9 members of the Council to a simple majority of members of 39
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Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
the Council. Similarly, item [6] of the proposed amendments changes (from at least 12 1
of the members, to a simple majority of the members) the number of members who are 2
required to agree to an additional meeting of the Innovation Council (beyond its first 3
6 meetings in a year) before such an additional meeting may be held. These 4
amendments are consequential on that made by item [1]. 5
Item [8] of the proposed amendments inserts savings and transitional provisions 6
consequent on the amendments made by items [1] and [2]. 7
1.21 Land Acquisition (Just Terms Compensation) Act 1991 8
No 22 9
[1] Section 43A 10
Insert after section 43: 11
43A Amendment or rescission of compensation notice 12
(1) An authority of the State may, by a further notice, amend a 13
compensation notice to correct a clerical error or obvious 14
mistake. 15
(2) An authority of the State must, by a further notice, amend a 16
compensation notice to correct the amount of compensation 17
offered if the Valuer-General changes his or her determination of 18
the amount of compensation to be offered. 19
(3) A further notice under this section is to be given in the same 20
manner as the compensation notice concerned was given. 21
(4) A compensation notice cannot be amended under this section 22
after the offer of compensation in the notice has been accepted. 23
(5) An amendment of a compensation notice by a further notice 24
under this section has effect: 25
(a) from the date of the original notice (or a later date specified 26
in the further notice) if there has been no change in the 27
amount of compensation offered, or 28
(b) from the date of the further notice if there has been such a 29
change. 30
(6) If an amendment made to a compensation notice under this 31
section takes effect on a day other than the day on which the 32
original notice was received by the former owner, the notice is 33
taken, for the purposes of sections 45 and 66, to have been 34
received by the former owner on the day on which the 35
amendment takes effect. 36
(7) If an acquisition notice is rescinded, the compensation notice 37
relating to the acquisition is also rescinded. 38
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Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
[2] Section 70 Compensation for rescission of acquisition notice 1
Omit "compensation notice" wherever occurring in section 70 (3) and (4). 2
Insert instead "acquisition notice". 3
Explanatory note 4
Section 47 of the Land Acquisition (Just Terms Compensation) Act 1991 (the Act) 5
provides for the Valuer-General to determine the amount of compensation to be offered 6
to a former owner of land for the compulsory acquisition of the land. A compensation 7
notice is given under section 42 of that Act which offers the affected land owner 8
compensation of the amount determined by the Valuer-General. Section 45 of that Act 9
provides that an offer of compensation in a compensation notice is deemed to be 10
accepted following 90 days after the compensation notice is given unless it is rejected 11
and proceedings are taken by the owner of the land. 12
Item [1] of the proposed amendments to the Act requires an authority of the State to 13
amend a compensation notice if the Valuer-General redetermines the amount of 14
compensation that is to be offered to the former owner and authorises the authority of 15
the State to amend a compensation notice for the purpose of correcting a clerical error 16
or an obvious mistake in the notice. If any such amendment alters the amount of 17
compensation offered to the former owner, the compensation notice is taken to have 18
been received on the date that the amendment to the notice takes effect. The proposed 19
amendment also provides that a compensation notice may not be amended after the 20
offer of compensation in the notice has been accepted. 21
Item [2] of the proposed amendments amends section 70 of the Act to remove an 22
incorrect reference to a `compensation notice', and to replace it with a reference to an 23
`acquisition notice'. 24
1.22 Law Enforcement (Controlled Operations) Act 1997 No 136 25
[1] Section 10 Variation of authority 26
Insert after section 10 (9): 27
(10) If an authority to conduct a controlled operation is varied, it is a 28
sufficient defence to criminal or disciplinary proceedings arising 29
from conduct that is engaged in by the defendant in reliance on 30
the authority as in force prior to that variation if the defendant 31
satisfies the court or tribunal before which the proceedings are 32
being heard: 33
(a) that the defendant engaged in the conduct in good faith for 34
the purposes of, and in the course of, the controlled 35
operation, and 36
(b) that, had the authority not been varied, the conduct would 37
have been lawful by operation of section 16, and 38
(c) that the defendant was unaware, and could not reasonably 39
be expected to have been aware, that the authority had 40
been varied. 41
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Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
[2] Section 20O Effect of being unaware of variation or cancellation of 1
authority 2
Omit "Section 12 (3) does" from section 20O (4). 3
Insert instead "Sections 10 (10) and 12 (3) do". 4
[3] Section 20S Mutual recognition of corresponding authorities 5
Insert at the end of the section: 6
(h) section 20O (Effect of being unaware of variation or 7
cancellation of authority). 8
Explanatory note 9
Item [1] of the proposed amendments to the Law Enforcement (Controlled Operations) 10
Act 1997 (the Act) provides for a defence to criminal or disciplinary proceedings arising 11
from certain conduct engaged in the course of a controlled operation in circumstances 12
where the authority to conduct the controlled operation was varied and the defendant 13
was not aware of the variation. Item [2] is a consequential amendment. 14
Item [3] of the proposed amendments extends the provisions of the Act, which provide 15
protection to a participant in a cross-border controlled operation authorised under a 16
corresponding law, to cases where the participant was unaware of a variation or 17
cancellation of an authority. 18
1.23 Library Act 1939 No 40 19
[1] Schedule 1 Composition and procedure of the Council 20
Omit "for 3 years" from clause 3 (1). 21
Insert instead "for such period, not exceeding 3 years, as is specified in the 22
member's instrument of appointment". 23
[2] Schedule 2 Savings and transitional provisions 24
Insert at the end of the Schedule: 25
2 Provision consequent on enactment of Statute Law 26
(Miscellaneous Provisions) Act 2009 27
The amendment to clause 3 (1) of Schedule 1 made by the Statute 28
Law (Miscellaneous Provisions) Act 2009 does not affect the 29
term of office that a person holds as a member of the Council 30
immediately before the amendment took effect. 31
Explanatory note 32
Currently, the Library Act 1939 (the Act) provides that (subject to various provisions of 33
the Act) a member of the Library Council of New South Wales is to hold office for 34
3 years. Item [1] of the proposed amendments to the Act instead requires a member to 35
hold office for such period, not exceeding 3 years, as is specified in the member's 36
instrument of appointment. The amendment is consistent with provision made for the 37
term of office of trustees under the Art Gallery of New South Wales Act 1980 and the 38
Historic Houses Act 1980 and for the term of like offices under the Film and Television 39
Office Act 1988. 40
Page 20
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
Item [2] of the proposed amendments inserts a savings and transitional provision 1
relating to the amendment proposed to be made by item [1]. 2
1.24 Local Courts Act 1982 No 164 3
Section 24 Remuneration 4
Insert after section 24 (4): 5
(5) However, a Magistrate is not entitled to the remuneration and 6
allowances referred to in this section for any period for which the 7
Magistrate is on leave without pay (being leave that is agreed to 8
by the Magistrate). 9
Explanatory note 10
Section 24 of the Local Courts Act 1982 (the Act) provides that the remuneration and 11
allowances referred to in that section and payable to a Magistrate appointed under the 12
Act are to be paid so long as the Magistrate continues to hold office as such. The 13
proposed amendment to the Act clarifies that Magistrates are not entitled to such 14
remuneration and allowances for any period for which they are on leave without pay 15
(being leave that they have agreed to take). 16
1.25 Mental Health Act 2007 No 8 17
[1] Section 32 Detention on order of Magistrate or bail officer 18
Omit "police officer" from section 32 (2) and where firstly occurring in 19
section 32 (3). 20
Insert instead "relevant person". 21
[2] Section 32 (7) 22
Insert after section 32 (6): 23
(7) In subsections (2) and (3): 24
relevant person means: 25
(a) if the detained person was taken to the mental health 26
facility on an order under section 33 of the Mental Health 27
(Forensic Provisions) Act 1990, any person (including a 28
police officer) charged by the order with taking the person 29
from the facility, or 30
(b) in any other case, a police officer. 31
Explanatory note 32
The proposed amendments to the Mental Health Act 2007 update provisions for the 33
release of a person following a mental illness assessment to provide for their release 34
into the custody of any person (not just a police officer) who is responsible for bringing 35
the person before a magistrate or justice following the assessment. The amendments 36
are consequential on recent changes to the procedures for the transporting of persons 37
to and from mental illness assessments that enable persons other than police officers 38
to be assigned that role. 39
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Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
1.26 Mental Health (Forensic Provisions) Act 1990 No 10 1
[1] Section 33 Mentally ill persons 2
Omit "a person authorised to take persons to or from a mental health facility 3
under this Act who is" from section 33 (5A) (b). 4
[2] Section 76E Transfer and transport of patients 5
Omit "or correctional patient" from section 76E (4). 6
Insert instead ", a correctional patient or a person the subject of a transfer order 7
under section 55 who has not yet been transferred". 8
[3] Section 76E (5) 9
Omit "or correctional patient". 10
Insert instead ", a correctional patient or a person the subject of a transfer order 11
under section 55 who has not yet been transferred,". 12
[4] Section 76J Exchange of information 13
Omit section 76J (1). Insert instead: 14
(1) The Director-General, the Commissioner of Corrective Services 15
and the Director-General of the Department of Juvenile Justice 16
may enter into arrangements (an information sharing protocol) 17
with each other to enable information held by their Departments 18
and (in the case of the Director-General of the Department of 19
Health) associated agencies to be shared or exchanged between 20
those Departments and agencies. 21
[5] Section 76J (3) 22
Omit the subsection. Insert instead: 23
(3) Under an information sharing protocol, each Department and 24
associated agency the subject of the arrangement is authorised: 25
(a) to request and receive information held by any other 26
Department or associated agency the subject of the 27
arrangement, and 28
(b) to disclose information to any of those Departments or 29
associated agencies, 30
and without the consent of any person concerned, but only to the 31
extent that the information is reasonably necessary to assist in the 32
exercise of functions under this Act or the functions of the 33
relevant Departments or associated agencies concerned. 34
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Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
[6] Section 76J (4) 1
Insert "or associated agency" after "Department". 2
[7] Section 76J (6) 3
Insert after section 76J (5): 4
(6) In this section: 5
associated agency means any of the following: 6
(a) an area health service (within the meaning of the Health 7
Services Act 1997), 8
(b) a statutory health corporation (within the meaning of the 9
Health Services Act 1997). 10
Explanatory note 11
Persons who may transport defendants to a mental health facility under 12
section 33 13
Item [1] of the proposed amendments to the Mental Health (Forensic Provisions) Act 14
1990 (the Act) relates to restrictions on the kinds of persons who can be assigned to 15
transport a defendant to a mental health facility for a mental illness assessment. The 16
existing requirement is that the person be a kind of person prescribed by the 17
regulations with an additional requirement that the person be authorised under the Act 18
to do so. The amendment omits the additional requirement for authorisation under the 19
Act on the basis that it is an unintended duplication of the requirement for authorisation 20
by the regulations. 21
Application of section 76E to persons the subject of section 55 transfer orders 22
Item [2] of the proposed amendments makes it clear that when a prisoner in a 23
correctional centre is ordered to be transferred to a mental health facility, the existing 24
arrangements for the transfer of patients of mental health facilities (which currently only 25
apply to prisoners once they have been transferred to and become patients of those 26
facilities) will apply to the transport of the prisoner even though the prisoner is not (until 27
transferred) a patient of a mental health facility. Item [3] makes a consequential 28
amendment to the provision that deals with the powers and responsibilities of persons 29
who transport patients to and from a mental health facility. 30
Parties to information sharing protocols under section 76J 31
Item [4] of the proposed amendments requires the existing powers of the Departments 32
of Health, Corrective Services and Juvenile Justice to enter into information sharing 33
protocols with each other to be exercised by the heads of those Departments and also 34
allows associated agencies of the Department of Health to share and exchange 35
information under those protocols. Item [7] defines associated agencies to mean area 36
health services and statutory health corporations (within the meaning of the Health 37
Services Act 1997). Item [6] makes a consequential amendment. 38
Persons whose consent is not required before information may be shared under 39
section 76J 40
Item [5] of the proposed amendments allows information to be shared and exchanged 41
by Departments and associated agencies under an information sharing protocol 42
without the consent of any person concerned (not just any patient concerned, as at 43
present) to allow for the fact that information sharing protocols need not be limited to 44
information about patients and can relate to information about other persons (as a 45
result of the regulations extending the information to which they can relate). 46
Page 23
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
1.27 Mining Amendment Act 2008 No 19 1
[1] Schedule 1 Amendment of Mining Act 1992 2
Omit "must be" where secondly and thirdly occurring in proposed section 3
163 (6A) in Schedule 1 [109]. 4
[2] Schedule 1 [215] 5
Insert at the end of proposed section 248C (1) (b): 6
, and 7
(c) any premises where the inspector reasonably believes that 8
documents that relate to any activity referred to in 9
paragraph (a) or (b) are kept--at any time. 10
[3] Schedule 1 [215] 11
Omit proposed section 248E (2) (g). Insert instead: 12
(g) take extracts from, or a copy of, any records, 13
Explanatory note 14
Item [1] of the proposed amendments to the Mining Amendment Act 2008 (the Act) 15
omits words that are repeated unnecessarily. 16
The Act makes various amendments to the Mining Act 1992, including to provisions 17
that confer powers on inspectors. On the commencement of those amendments, 18
proposed sections 248C and 248E will replace sections 247 and 247A, which currently 19
set out the powers of inspectors and royalty officers. 20
Item [2] of the proposed amendments enables an inspector to enter at any time any 21
premises where the inspector reasonably believes that documents that relate to 22
prospecting operations, mining operations or mining purposes are being kept. 23
(Section 248D makes it clear that the power of entry in the amended section 248C does 24
not entitle an inspector to enter any part of premises used only for residential purposes 25
unless the inspector has the permission of the occupier or has a search warrant.) 26
Item [3] enables inspectors to take extracts from (not only copies of) records at 27
premises entered by the inspectors. 28
The powers conferred on inspectors by the sections amended by items [2] and [3] are 29
similar to those currently exercisable by a royalty officer under section 247A. 30
1.28 Museum of Applied Arts and Sciences Act 1945 No 31 31
[1] Section 4 Appointment of trustees 32
Omit "for 3 years" from section 4 (3). 33
Insert instead "for such period, not exceeding 3 years, as is specified in the 34
trustee's instrument of appointment". 35
Page 24
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
[2] Schedule 1 Savings, transitional and other provisions 1
Insert at the end of the Schedule: 2
2 Provision consequent on enactment of Statute Law 3
(Miscellaneous Provisions) Act 2009 4
The amendment to section 4 (3) made by the Statute Law 5
(Miscellaneous Provisions) Act 2009 does not affect the term of 6
office that a person holds as a trustee immediately before the 7
amendment took effect. 8
Explanatory note 9
Currently, the Museum of Applied Arts and Sciences Act 1945 (the Act) provides that 10
(subject to various provisions of the Act) a trustee of the Museum of Applied Arts and 11
Sciences is to hold office for 3 years. Item [1] of the proposed amendments to the Act 12
instead requires a trustee to hold office for such period, not exceeding 3 years, as is 13
specified in the trustee's instrument of appointment. The amendment is consistent with 14
provision made for the term of office of trustees under the Art Gallery of New South 15
Wales Act 1980 and the Historic Houses Act 1980 and for the term of like offices under 16
the Film and Television Office Act 1988. 17
Item [2] of the proposed amendments inserts a savings and transitional provision 18
relating to the amendment proposed to be made by item [1]. 19
1.29 Pesticides Act 1999 No 80 20
[1] Section 22 Fee 21
Insert "(if any)" after "prescribed fee" in section 22 (2). 22
[2] Section 27 Fee 23
Insert "(if any)" after "prescribed fee" in section 27 (2). 24
[3] Section 46 Application for licence 25
Insert "if required by the regulations--" before "be accompanied" in 26
section 46 (3) (b). 27
[4] Section 50 Licence fees 28
Omit ", before the date prescribed by the regulations for the purpose," from 29
section 50 (1). 30
[5] Section 50 (1A) 31
Insert after section 50 (1): 32
(1A) The annual licence fee must be paid: 33
(a) within the time prescribed by the regulations, or 34
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Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
(b) if no such time is prescribed, within the time determined 1
by the Environment Protection Authority and notified to 2
the holder of the licence. 3
[6] Section 56 Application for certificate of competency 4
Insert "(if any)" after "fee" in section 56 (2) (b). 5
Explanatory note 6
Items [1], [2] and [6] of the proposed amendments to the Pesticides Act 1999 (the Act) 7
make it clear that the regulations may, but need not necessarily, prescribe the fees 8
referred to in sections 22 (2), 27 (2) and 56 (2) (b). 9
Item [3] of the proposed amendments provides that applications for an aircraft 10
(pesticide applicator) licence must be accompanied by evidence relating to insurance 11
only if the regulations require it. 12
Items [4] and [5] of the proposed amendments provide that an annual licence fee under 13
the Act must be paid within the time prescribed by the regulations or, if no such time is 14
prescribed, within the time determined by the Environment Protection Authority and 15
notified to the holder of the licence. Currently such annual licence fees must be paid 16
before the date prescribed by the regulations. 17
1.30 Police Act 1990 No 47 18
Section 8 Commissioner to manage and control NSW Police Force 19
Insert after section 8 (4): 20
(4A) The Commissioner (on behalf of the Crown) may make or enter 21
into contracts or arrangements with any person for the carrying 22
out of works or the performance of services or the supply of 23
goods or materials in connection with the exercise of the 24
functions of the NSW Police Force. 25
Explanatory note 26
The proposed amendment to the Police Act 1990 puts beyond doubt the authority of 27
the Commissioner of Police to enter into commercial contracts or arrangements with 28
any person for the carrying out of works or services or the supply of goods or materials 29
that involves the NSW Police Force. 30
1.31 Privacy and Personal Information Protection Act 1998 31
No 133 32
Section 33 Preparation and implementation of privacy management 33
plans 34
Omit section 33 (3). 35
Explanatory note 36
The proposed amendment to the Privacy and Personal Information Protection Act 1998 37
(the Act) removes a provision requiring public sector agencies to include in their annual 38
reports a statement of their compliance with the Act and statistical details of internal 39
reviews they conduct under the Act. The provision is transferred to more appropriate 40
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Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
locations (namely, the Annual Reports (Departments) Regulation 2005 and the Annual 1
Reports (Statutory Bodies) Regulation 2005) by proposed amendments elsewhere in 2
this Schedule. 3
1.32 Protection of the Environment Operations Act 1997 No 156 4
[1] Section 104 Compliance cost notices 5
Omit "(other than the EPA)" from section 104 (3). 6
[2] Section 212A Revocation or variation 7
Omit section 212A (4). Insert instead: 8
(4) A notice may only be revoked or varied by: 9
(a) the authority that gave the notice, or 10
(b) the authorised officer who gave the notice, or 11
(c) another authorised officer who is a member of staff of the 12
authority that appointed the officer who gave the notice. 13
Explanatory note 14
Item [1] of the proposed amendments to the Protection of the Environment Operations 15
Act 1997 (the Act) amends section 104 of the Act so as to enable the EPA to recover 16
all or any reasonable costs incurred by the EPA in connection with a prevention notice 17
from the person to whom the notice was given. Currently section 104 excludes the EPA 18
from recovering such costs. 19
Item [2] of the proposed amendments provides that a notice given under Chapter 7 20
(Investigation) of the Act may be revoked or varied by an authorised officer who is a 21
member of staff of the authority who gave the notice. Currently section 212A (4) of the 22
Act enables only the authority or the authorised officer who gave the notice to revoke 23
or vary the notice. 24
1.33 Real Property Act 1900 No 25 25
Section 47 Recording, variation and release of easements etc 26
Omit "transfer registered under this Act and altered as the circumstances of the 27
case may require" from section 47 (6). 28
Insert instead "registered dealing in the approved form". 29
Explanatory note 30
The proposed amendment updates section 47 of the Real Property Act 1900 (the Act) 31
to make provision for an easement, profit à prendre or restriction on the use of land that 32
is recorded in the Register to be released by a registered dealing in the approved form 33
(rather than only by way of a transfer registered under the Act). 34
1.34 Registered Clubs Act 1976 No 31 35
Schedule 2 Savings, transitional and other provisions 36
Omit clause 94 (3) and (4). 37
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Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
Commencement 1
The amendment commences, or is taken to have commenced, on 30 June 2009. 2
Explanatory note 3
When the Liquor Act 2007 was enacted, a transitional arrangement was included in the 4
Registered Clubs Act 1976 to allow an existing registered club (that is, a club in respect 5
of which a certificate of registration was in force before the commencement of the new 6
liquor licensing scheme on 1 July 2008) that was already operating under unrestricted 7
trading hours to continue to trade on that basis after that date. The transitional 8
arrangement as enacted is conditional on the club providing the Casino, Liquor and 9
Gaming Control Authority, within 12 months of the commencement of the new licensing 10
scheme, with a statement (verified by statutory declaration) of its current trading hours. 11
Failure to provide the statement by 1 July 2009 results in the trading hours of the club 12
reverting to the standard trading period under the Liquor Act 2007 (that is, midnight 13
closing time) which applies to new clubs licensed under that Act. 14
The proposed amendment to the Registered Clubs Act 1976 removes the requirement 15
for an existing registered club that was operating under unrestricted on-premises 16
trading hours before 1 July 2008 to provide a statement of its current trading hours in 17
order to be able to continue to trade on that basis after 1 July 2009. 18
1.35 Residential Parks Act 1998 No 142 19
[1] Section 137 Functions of Director-General 20
Omit ", including prosecution," from section 137 (b). 21
[2] Section 137 (b1) 22
Insert after section 137 (b): 23
(b1) to prosecute any offence under this Act or the regulations, 24
Explanatory note 25
The proposed amendments to the Residential Parks Act 1998 (the Act) make it clear 26
that the Director-General may prosecute any offence under the Act or regulations made 27
under the Act, without the need for such prosecution to follow on from the investigation 28
and attempted resolution of a complaint by a park owner or resident. 29
1.36 Residential Tenancies Act 1987 No 26 30
[1] Section 118 Functions of Tenancy Commissioner 31
Omit ", including prosecution," from section 118 (b). 32
[2] Section 118 (b1) 33
Insert after section 118 (b): 34
(b1) to prosecute any offence under this Act or the regulations, 35
Explanatory note 36
The proposed amendments to the Residential Tenancies Act 1987 (the Act) make it 37
clear that the Tenancy Commissioner may prosecute any offence under the Act or the 38
regulations made under the Act, without the need for the prosecution to follow on from 39
the investigation or resolution of a complaint by a landlord or tenant. 40
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Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
1.37 State Property Authority Act 2006 No 40 1
[1] Schedule 1 Property transferred to Authority 2
Omit the following matter from under the heading "Miscellaneous 3
properties": 4
Lot 112 in Deposited Plan 48439 5
Lot 701 in Deposited Plan 96508 6
Lot 1 in Deposited Plan 738477 7
Lot 4, Section 79 in Deposited Plan 758536 8
[2] Schedule 1 9
Omit the following matter from under the heading "Miscellaneous 10
properties": 11
Lot 7, Section 5 in Deposited Plan 759003 12
[3] Schedule 1 13
Omit "AB382627" from the matter relating to the lease of suite 3A (including 14
small store room) and suite 3B, 490 David Street, Albury, under the heading 15
"Leases" wherever occurring. 16
Insert instead "AE216673". 17
[4] Schedule 1 18
Omit "8789017" from the matter relating to the lease of Lots 4, 5 and 6 in 19
Strata Plan 65943 at 1 Darling Street, Tamworth, under the heading "Leases". 20
Insert instead "AE117231". 21
[5] Schedule 1 22
Omit "AC207393" wherever occurring in the matter relating to the lease of 23
area 3, 3rd floor, 43 Burelli Street, Wollongong under the heading "Leases". 24
Insert instead "AE133390". 25
[6] Schedule 1 26
Omit "6215606" from the matter relating to the lease of Level 24, Governor 27
Macquarie Tower, 1 Farrer Place, Sydney under the heading "Leases". 28
Insert instead "9215606". 29
Page 29
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
[7] Schedule 2 Savings, transitional and other provisions 1
Insert before clause 1: 2
Part 1 General 3
[8] Schedule 2, Part 2, heading 4
Insert after clause 1: 5
Part 2 Provisions consequent on enactment of 6
Statute Law (Miscellaneous Provisions) 7
Act 2008 8
[9] Schedule 2, Part 3 9
Insert after clause 2: 10
Part 3 Provisions consequent on enactment of 11
Statute Law (Miscellaneous Provisions) 12
Act 2009 13
3 Transfer of certain property removed from Schedule 1 14
(1) This clause applies to Lot 7, Section 5 in Deposited Plan 759003. 15
(2) On the transfer date, the property to which this clause applies 16
vests in the original owner for an estate in fee simple: 17
(a) without the need for any further conveyance, transfer, 18
assignment or assurance, and 19
(b) subject to any trusts, estates, interests, dedications, 20
conditions, restrictions and covenants to which the land 21
was subject immediately before the transfer date. 22
(3) Sections 18 (2) and 20 (1)-(4) apply, with any necessary 23
modifications, to, and in respect of, the transfer of the property by 24
the operation of this clause in the same way as those provisions 25
apply to and in respect of the transfer of property under Part 4. 26
(4) For the avoidance of doubt, in section 18 (2), as applied: 27
(a) a reference to the transfer date is taken to be a reference to 28
the transfer date within the meaning of this clause, and 29
(b) a reference to the Authority is taken to be a reference to the 30
original owner, and 31
Page 30
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
(c) a reference to the transferor is taken to be a reference to the 1
Authority. 2
(5) In this clause: 3
original owner means the government agency which held the 4
property to which this clause applies immediately before it was 5
vested in the Authority by this Act. 6
transfer date means the date on which the description of the 7
property to which this clause applies was omitted from 8
Schedule 1 by the Statute Law (Miscellaneous Provisions) Act 9
2009. 10
4 Transfer date of amended descriptions 11
For the avoidance of doubt, the amendment of the description of 12
a lease listed in Schedule 1 by the Statute Law (Miscellaneous 13
Provisions) Act 2009 does not affect the date on which the 14
transfer of that lease was purported to occur. 15
Explanatory note 16
Schedule 1 to the State Property Authority Act 2006 (the Act) describes property for 17
the purpose of effecting its transfer under the Act to the State Property Authority. 18
Item [1] of the proposed amendments to the Act removes from that Schedule 19
references to certain properties that do not meet the criteria specified in section 19 of 20
the Act for inclusion in that Schedule. 21
Item [2] of the proposed amendments removes a reference to a property that was 22
mistakenly included in Schedule 1 to the Act. Item [9] of the proposed amendments 23
provides for the transfer of that property from the State Property Authority back to the 24
government agency that held the property immediately before the property was listed 25
in Schedule 1 to the Act. Items [7] and [8] of the proposed amendments make 26
consequential amendments. 27
Items [3]-[6] of the proposed amendments correct dealing numbers in respect of 28
certain leases. 29
Item [9] of the proposed amendments also makes it clear that the corrections made to 30
Schedule 1 by items [3]-[6] do not affect the date on which the transfers concerned 31
were purported to have occurred. 32
1.38 Strata Schemes Management Act 1996 No 138 33
Section 212 Functions of Director-General 34
Omit section 212 (2) (a)-(c). Insert instead: 35
(a) investigating and carrying out research into matters 36
relating to or affecting strata schemes, 37
(b) investigating and attempting to resolve complaints and 38
disputes relating to strata schemes and taking such action 39
as the Director-General thinks appropriate, 40
(c) prosecuting any offence under this Act or the regulations, 41
Page 31
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
Explanatory note 1
The proposed amendment to the Strata Schemes Management Act 1996 (the Act) 2
makes it clear that the Director-General may investigate and carry out research into 3
matters relating to strata schemes, investigate complaints and disputes relating to 4
strata schemes and prosecute any offence under the Act or the regulations made under 5
the Act. 6
1.39 Subordinate Legislation Act 1989 No 146 7
[1] Section 10 Staged repeal of statutory rules 8
Omit section 10 (4) (a) and (c). 9
[2] Section 10 (4A) and (4B) 10
Insert after section 10 (4): 11
(4A) Despite the other provisions of this Part, the following 12
regulations remain in force until 1 September 2010, unless sooner 13
repealed: 14
(a) the Associations Incorporation Regulation 1999, 15
(b) the Day Procedure Centres Regulation 1996, 16
(c) the Motor Vehicle Repairs Regulation 1999, 17
(d) the Private Hospitals Regulation 1996. 18
(4B) Despite the other provisions of this Part, the Occupational Health 19
and Safety Regulation 2001 remains in force until 1 September 20
2012, unless sooner repealed. 21
[3] Section 11 Postponement of repeal in specific cases 22
Insert ", (4A) or (4B)" after "section 10 (4)" in section 11 (6). 23
Explanatory note 24
The Subordinate Legislation Act 1989 (the Act) provides for the automatic repeal of 25
statutory rules. The repeal takes effect on the fifth anniversary of the date on which the 26
statutory rule was published (in the case of a statutory rule published on 1 September 27
in any year) or on 1 September following the fifth anniversary of the date on which it 28
was published (in any other case)--see section 10 (2) of the Act. Unless it is intended 29
to allow the statutory rule to lapse, a statutory rule that is due for repeal under the Act 30
is usually remade in advance of the repeal date. 31
Section 11 of the Act permits the repeal of a statutory rule to be postponed, by order of 32
the Governor, for a period of one year. However, the repeal of a particular statutory rule 33
cannot be postponed on more than 5 occasions. 34
The repeal of each of the Associations Incorporation Regulation 1999, the Day 35
Procedure Centres Regulation 1996, the Motor Vehicle Repairs Regulation 1999 and 36
the Private Hospitals Regulation 1996 has been postponed on 5 occasions. These 37
Regulations are now due to be repealed on 1 September 2009. However, 38
uncommenced legislative reforms involving the repeal and re-enactment of the 39
Associations Incorporation Act 1984 and the Private Hospitals and Day Procedure 40
Centres Act 1988 will have a substantial impact on the matters dealt with by the 41
Page 32
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
Regulations made under those Acts. Amendments to the Motor Vehicle Repairs Act 1
1980 that may impact on the Motor Vehicle Repairs Regulation 1999 are also likely as 2
a result of a recent review of that Act by the Better Regulation Office. 3
The repeal of the Occupational Health and Safety Regulation 2001 has been 4
postponed on 3 occasions. The Regulation is now due to be repealed on 1 September 5
2009. However, national model occupational health and safety legislation is currently 6
being developed, the implementation of which is likely to have a substantial impact on 7
the content of State occupational health and safety legislation. Currently, the national 8
timetable for the model legislation requires its implementation by December 2011. 9
Item [2] of the proposed amendments will keep the current regulatory schemes of the 10
Regulations in place until such time as replacement provisions come into force under 11
new or revised legislation. The Associations Incorporation Regulation 1999, the Day 12
Procedure Centres Regulation 1996, the Motor Vehicle Repairs Regulation 1999 and 13
the Private Hospitals Regulation 1996 will be kept in force for a further period of one 14
year after the date on which they would otherwise be repealed by the Act and the 15
Occupational Health and Safety Regulation 2001 will be kept in force for a further 16
period of 3 years after the date on which it would otherwise be repealed by the Act. 17
However, any of the Regulations may be sooner repealed by other legislation. 18
Items [1] and [3] make consequential amendments. 19
1.40 Supreme Court Act 1970 No 52 20
Section 29 Remuneration 21
Insert after section 29 (2): 22
(3) However, a Judge is not entitled to the remuneration referred to 23
in subsection (1) for any period for which the Judge is on leave 24
without pay (being leave that is agreed to by the Judge). 25
Explanatory note 26
Section 29 of the Supreme Court Act 1970 (the Act) provides that the remuneration 27
referred to in that section that is payable to a Judge of the Supreme Court is to be paid 28
so long as the Judge's commission continues in force. The proposed amendment to 29
the Act clarifies that Judges are not entitled to such remuneration for any period for 30
which they are on leave without pay (being leave that they have agreed to take). 31
1.41 Sydney Opera House Trust Act 1961 No 9 32
[1] Section 6 Trustees 33
Omit "for 3 years" from section 6 (3). 34
Insert instead "for such period, not exceeding 3 years, as is specified in the 35
trustee's instrument of appointment". 36
Page 33
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
[2] Schedule 2 Savings and transitional provisions 1
Insert at the end of the Schedule: 2
2 Provision consequent on enactment of Statute Law 3
(Miscellaneous Provisions) Act 2009 4
The amendment to section 6 (3) made by the Statute Law 5
(Miscellaneous Provisions) Act 2009 does not affect the term of 6
office that a person holds as a trustee immediately before the 7
amendment took effect. 8
Explanatory note 9
Currently, the Sydney Opera House Trust Act 1961 (the Act) provides that (subject to 10
various provisions of the Act) a trustee of The Sydney Opera House Trust is to hold 11
office for 3 years. Item [1] of the proposed amendments to the Act instead requires a 12
trustee to hold office for such period, not exceeding 3 years, as is specified in the 13
trustee's instrument of appointment. The amendment is consistent with provision made 14
for the term of office of trustees under the Art Gallery of New South Wales Act 1980 15
and the Historic Houses Act 1980 and for the term of like offices under the Film and 16
Television Office Act 1988. 17
Item [2] of the proposed amendments inserts a savings and transitional provision 18
relating to the amendment proposed to be made by item [1]. 19
1.42 Threatened Species Conservation Act 1995 No 101 20
[1] Section 36B Publication of determination 21
Omit section 36B (4). 22
[2] Section 127H Variation of agreements 23
Insert before section 127H (2) (a): 24
(a1) if the land is subject to a residential tenancy agreement or 25
other lease, the tenant or the lessee has consented in 26
writing to the variation, and 27
Explanatory note 28
Item [1] of the proposed amendments to the Threatened Species Conservation Act 29
1995 (the Act) omits a redundant definition from section 36B of the Act. 30
Item [2] amends section 127H (2) of the Act to require the Minister administering the 31
Act to obtain written consent from the tenant or lessee of any land that is subject to a 32
biobanking agreement prior to agreeing to vary that agreement. This proposed 33
amendment is consistent with the general requirements imposed on the Minister when 34
agreeing to enter into a biobanking agreement under section 127F (1) of the Act. 35
Page 34
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
1.43 Water Act 1912 No 44 1
Section 4G Proceedings for offences 2
Omit section 4G (3). Insert instead: 3
(3) If proceedings referred to in subsection (2) are taken before a 4
Local Court, the maximum monetary penalty that may be 5
imposed by the court is 200 penalty units or the maximum 6
monetary penalty for the offence, whichever is the lesser. 7
Explanatory note 8
Currently, the maximum monetary penalty that may be imposed by a Local Court in 9
proceedings for an offence under the Water Act 1912 (the Act) is 50 penalty units 10
($5,500) for a corporation and 40 penalty units ($4,400) for any other person. 11
The proposed amendment increases the maximum monetary penalty that may be 12
imposed by a Local Court for an offence under the Act to 200 penalty units ($22,000) 13
or the maximum monetary penalty for the offence, whichever is the lesser amount. The 14
proposed amendment will bring the maximum monetary penalty that a Local Court may 15
impose into line with the maximum monetary penalty that a Local Court may impose 16
under, for example, the Protection of the Environment Operations Act 1997. 17
1.44 Water Management Act 2000 No 92 18
[1] Section 59 Available water determinations 19
Omit "section 60 (2)" from section 59 (1) (b). Insert instead "section 49A (1)". 20
[2] Section 60G Minister may charge for water illegally taken 21
Insert "may do either or both of the following" after "Minister" in section 22
60G (1). 23
[3] Section 60G (1) 24
Omit "and" from section 60G (1) (a) and omit "may" where firstly occurring 25
in section 60G (1) (a) and (b). 26
[4] Section 71N Term transfers of entitlements under access licences 27
Omit section 71N (5) (e). Insert instead: 28
(e) Division 1A of this Part, 29
[5] Section 85A Authorisation to take water from uncontrolled flows 30
Omit "section 323" from section 85A (7). Insert instead "section 324". 31
[6] Section 91I Taking water when metering equipment not working 32
Insert "or is not operating" after "is not operating properly" wherever 33
occurring in section 91I (1)-(3). 34
Page 35
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
[7] Sections 91K (5) and 326 (4) 1
Insert ", skills and experience" after "qualifications" wherever occurring. 2
[8] Section 326 Directions to install and maintain metering equipment 3
Insert "to take specified measures" after "landholder or person" in 4
section 326 (1). 5
[9] Section 326 (2) 6
Insert "take specified measures to" after "direction to". 7
[10] Sections 327 (2), 328 (2) and 329 (2) 8
Insert "to take specified measures" after "direct the person" wherever 9
occurring. 10
[11] Section 327 Stop work order regarding unlawful construction or use of 11
water management work 12
Omit section 327 (3). Insert instead: 13
(3) Without limiting subsection (2), the landholder on whose land the 14
water management work is situated, or is proposed to be situated, 15
is taken to have control and management of the work. 16
[12] Section 328 Stop work order regarding unlawful controlled activity or 17
aquifer interference activity 18
Omit section 328 (3). Insert instead: 19
(3) Without limiting subsection (2), the landholder on whose land a 20
controlled activity or aquifer interference activity is being carried 21
out, or is proposed to be carried out, is taken to be carrying out 22
that activity. 23
[13] Section 329 Removal of unlawful water management works 24
Insert "work" before "approval" in section 329 (1). 25
[14] Section 329 (2) 26
Insert ", modify" after "remove". 27
[15] Section 330 Temporary stop work order to protect public interest 28
Insert "or specified measures" after "restrictions" in section 330 (1). 29
[16] Section 333 Directions to protect water sources 30
Omit "the carrying out of" from section 333 (1) (b). 31
Page 36
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
[17] Section 333 (2) (b) 1
Omit "carrying out". 2
Insert instead "who has carried out, is carrying out or proposes to carry out". 3
[18] Section 333 (4) 4
Omit the subsection. Insert instead: 5
(4) Without limiting subsection (2): 6
(a) the person who, at the time of the construction or use of a 7
water management work to which this section applies, was 8
the landholder on whose land the work was situated is 9
taken to have control and management of the work, and 10
(b) the landholder on whose land a water management work is 11
situated, or is proposed to be situated, is taken to have 12
control and management of the work, and 13
(c) the person who, at the time a controlled activity or aquifer 14
interference activity to which this section applies, was the 15
landholder on whose land the activity was carried out is 16
taken to be carrying out the activity, and 17
(d) the landholder on whose land a controlled activity or 18
aquifer interference activity is carried out, or is proposed 19
to be carried out, is taken to be carrying out the activity. 20
[19] Sections 334 (1) and 339B (1) and (2) (j) 21
Omit "Division" wherever occurring. Insert instead "Part". 22
[20] Section 345 Harm to aquifers and waterfront land 23
Omit "Tier 1 offence" from section 345 (1). 24
Insert instead "Tier 1 penalty". 25
[21] Section 345 (2) 26
Omit "Tier 2 offence". Insert instead "Tier 2 penalty". 27
[22] Section 364 Proceedings for offences 28
Omit section 364 (6) (a) (i). Insert instead: 29
(i) 200 penalty units, 30
[23] Schedule 10 Conversion of former entitlements to access licences and 31
approvals 32
Omit clauses 28-31. 33
Page 37
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 1 Minor amendments
[24] Dictionary 1
Omit "that is for the time being nominated under section 71W" from the 2
definition of nominated water supply work. 3
Insert instead "nominated or specified in an access licence". 4
Explanatory notes 5
Updating references and omitting redundant provisions 6
Items [1], [4] and [5] of the proposed amendments to the Water Management Act 2000 7
(the Act) update references to repealed provisions. 8
Items [13], [20] and [21] of the proposed amendments correct incorrect references. 9
Item [23] of the proposed amendments omits redundant provisions. 10
Water illegally taken 11
Section 60G (1) of the Act empowers the Minister, if satisfied on the balance of 12
probabilities that water has been unlawfully taken, to charge the offender with an 13
amount of up to 5 times the value of the water so taken and, if the person holds an 14
access licence, to debit water allocations from the account for that licence of up to 15
5 times the quantity of water so taken. Items [2] and [3] of the proposed amendments 16
make it clear that the Minister may take either or both of the actions that the Act 17
currently authorises the Minister to take in respect of a person who takes water illegally. 18
This change will make section 60G of the Act consistent with the section of the Act that 19
it replaced (former section 85B). 20
Section 91I of the Act makes it an offence to take water from certain water sources 21
using metering equipment that is not operating properly and to intentionally or 22
negligently fail to ascertain whether it is operating properly. Item [6] of the proposed 23
amendments applies the offences contained in that provision to circumstances where 24
the metering equipment is either not operating properly or is not operating. 25
Requirements for qualified person in relation to metering equipment 26
Item [7] of the proposed amendments enables regulations to prescribe the 27
qualifications, skills and experience that are required for a person to be a duly qualified 28
person to maintain, repair, replace or seal metering equipment. 29
Minister's power to direct a person to take specified measures 30
Specified measures is defined in Part 1 of Chapter 7 of the Act to include measures 31
that involve doing, or refraining from doing, any act. The Act also makes it clear that a 32
power to direct a person to take specified measures includes a power to direct in what 33
circumstances, in what order and in what manner those measures are to be taken. 34
Items [8]-[10] and [15] of the proposed amendments ensure that the Minister's power 35
to make certain directions in relation to unlawful works and activities, and the 36
installation and maintenance of metering equipment, includes the power to direct a 37
person to take specified measures. 38
Directions to landholders and other persons 39
Currently, for the purposes of a stop work order under sections 327 and 328 of the Act 40
or a direction to protect a water source under section 333 of the Act, the landholder on 41
whose land a water management work is situated is taken to have control and 42
management of the work and the landholder on whose land a controlled activity or 43
aquifer interference activity is carried out is taken to be carrying out the activity. 44
Item [11] of the proposed amendments makes it clear that, for the purposes of a stop 45
work order, the landholder on whose land the water management work is proposed to 46
be situated is taken to have control and management of the work. Item [12] of the 47
proposed amendments makes it clear that the landholder on whose land a controlled 48
activity or aquifer interference activity is proposed to be carried out is taken to be 49
Page 38
Statute Law (Miscellaneous Provisions) Bill 2009
Minor amendments Schedule 1
carrying out that activity. Item [18] of the proposed amendments makes it clear that, for 1
the purposes of a direction to protect a water source, the person who at the relevant 2
time was the owner of the land on which the water management work was situated, is 3
taken to have control of that water management work, and the person who at the 4
relevant time was the owner of the land on which the controlled activity or aquifer 5
interference activity was carried out, is taken to be carrying out that activity. Item [18] 6
of the proposed amendments also makes the amendments proposed in items [11] and 7
[12] for the purposes of a direction to protect a water source. 8
Item [14] of the proposed amendments makes it clear that the Minister may direct a 9
person to modify a water management work for which no water management approval 10
is in force. 11
Section 333 of the Act provides that the Minister may make certain directions by order 12
on a person if the Minister is of the opinion that an activity is having, has had, or is likely 13
to have, an adverse effect on a water source or waterfront land. Items [16] and [17] of 14
the proposed amendments make it clear that the Minister may serve an order on a 15
person who has carried out, is carrying out or proposes to carry out a controlled activity 16
or aquifer interference activity. 17
Item [19] of the proposed amendments makes it clear that a direction served on a 18
person under Part 1 of Chapter 7 of the Act, rather than Division 5 of that Part, may 19
require the preparation of reports and also ensures that an authorised officer may, at 20
any premises lawfully entered, do anything that, in the opinion of the authorised officer, 21
is necessary to be done for the purposes of Part 2 (Other enforcement powers) of 22
Chapter 7 of the Act. 23
Jurisdictional limit of Local Court 24
Item [22] of the proposed amendments increases the maximum monetary penalty that 25
a Local Court may impose in proceedings for an offence against the Act or the 26
regulations from 100 penalty units ($11,000) in the case of a corporation or 50 penalty 27
units ($5,500) in any other case to 200 penalty units (currently $22,000) in both cases. 28
Definition of "nominated water supply work" 29
Currently, nominated water supply work is defined in the Dictionary to the Act as a 30
water supply work, or group of water supply works, that is for the time being nominated 31
under section 71W as a work, or group of works, by means of which water credited to 32
an access licence may be taken from a particular water source. Item [24] of the 33
proposed amendments extends that definition to a water supply work, or group of 34
works, nominated or specified in an access licence. 35
Page 39
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law 1
revision 2
2.1 Baulkham Hills Local Environmental Plan 2005 3
Schedule 1, Part 2 4
Omit "leterophylla" from the matter relating to Englart Place. 5
Insert instead "heterophylla". 6
Explanatory note 7
The proposed amendment corrects a typographical error. 8
2.2 Camden Local Environmental Plan No 47 9
Clause 6 (3) 10
Insert at the end of clause 6: 11
(3) Notes in this plan do not form part of this plan. 12
Explanatory note 13
The proposed amendment clarifies the status of notes. 14
2.3 Camden Local Environmental Plan No 74--Harrington Park 15
Clause 6 (3) 16
Insert at the end of clause 6: 17
(3) Notes in this plan do not form part of this plan. 18
Explanatory note 19
The proposed amendment clarifies the status of notes. 20
2.4 Child Protection (Offenders Registration) Act 2000 No 42 21
Sections 3 (1), definitions of "forensic patient", "government custody" 22
and "sentence" and (2) (e) and 3G (1) 23
Omit "Mental Health (Criminal Procedure) Act 1990" wherever occurring. 24
Insert instead "Mental Health (Forensic Provisions) Act 1990". 25
Explanatory note 26
The proposed amendment updates references. 27
Page 40
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
2.5 Coffs Harbour City Local Environmental Plan 2000 1
Dictionary, definition of "investigation area" 2
Omit the definition. 3
Explanatory note 4
The proposed amendment omits a redundant definition. 5
2.6 Constitution Amendment (Governor's Salary) Act 2003 6
No 66 7
Schedule 2 [3] 8
Insert before proposed clause 3: 9
Part 3 Provisions consequent on enactment of 10
Constitution Amendment (Governor's 11
Salary) Act 2003 12
Explanatory note 13
The proposed amendment inserts a heading. 14
2.7 Cowra Local Environmental Plan 1990 15
[1] Clause 5 (1) 16
Omit "coastal waters of the state". 17
Insert instead "coastal waters of the State". 18
[2] Clause 5 (3) 19
Insert at the end of clause 5: 20
(3) Notes in this plan do not form part of this plan. 21
[3] Schedule 3 22
Renumber paragraph (b) where secondly occurring in subclause (2) of the 23
matter relating to Fences on residential premises (other than swimming pool 24
fences) as paragraph (c). 25
[4] Schedule 3 26
Renumber paragraphs (b) (where secondly occurring) and (c) in subclause (3) 27
of the matter relating to Poultry houses in rural areas as paragraphs (c) and (d), 28
respectively. 29
Page 41
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
Explanatory note 1
Items [1], [3] and [4] of the proposed amendments correct typographical errors. 2
Item [2] of the proposed amendments clarifies the status of notes. 3
2.8 Crimes (Administration of Sentences) Act 1999 No 93 4
Section 260 (a1) 5
Insert "or" at the end of the paragraph. 6
Explanatory note 7
The proposed amendment clarifies the operation of a list. 8
2.9 Crimes (Administration of Sentences) Regulation 2008 9
[1] Schedule 6, clause 2 (d) 10
Insert ", 108A, 108B" after "108". 11
[2] Schedule 6, clause 2 (e) 12
Omit "clause 108". Insert instead "clauses 108 and 108A". 13
Explanatory note 14
The proposed amendments update cross-references. 15
2.10 Crimes (Criminal Organisations Control) Act 2009 No 6 16
Section 39 (5) 17
Omit "Commisssioner". Insert instead "Commissioner". 18
Explanatory note 19
The proposed amendment corrects a typographical error. 20
2.11 Criminal Procedure Act 1986 No 209 21
Section 283 (1) (b) 22
Insert "clause" before "27 or 29". 23
Explanatory note 24
The proposed amendment inserts a missing word. 25
2.12 Defamation Act 2005 No 77 26
Schedule 1, clause 13 27
Omit the clause. 28
Explanatory note 29
The proposed amendment is consequential on the repeal of an Act by Schedule 5. 30
Page 42
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
2.13 Dungog Local Environmental Plan 2006 1
Clause 26 (4) 2
Omit "eco-systems". Insert instead "ecosystems". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.14 Duties Act 1997 No 123 6
Section 166 (3) 7
Omit "referrable". Insert instead "referable". 8
Explanatory note 9
The proposed amendment corrects a typographical error. 10
2.15 Environmental Planning and Assessment Act 1979 No 203 11
Section 34 (5) (b) and (5B) 12
Omit "take effect" wherever occurring. Insert instead "commence". 13
Explanatory note 14
The proposed amendment replaces references to "take effect" with references to 15
"commence", which is the expression used in connection with Acts. 16
2.16 Fisheries Management (General) Regulation 2002 17
[1] Clause 14A, note 18
Omit "prinicipally". Insert instead "principally". 19
[2] Schedule 2 20
Omit "degress" from the matter relating to Budgewoi Lake--All Methods. 21
Insert instead "degrees". 22
[3] Schedule 2 23
Omit "33°48.016S, 151°17.933E" from the matter relating to Shelly Beach 24
Headland. 25
Insert instead "33°48.016S, 151°17.933E". 26
Explanatory note 27
The proposed amendments correct typographical errors. 28
Page 43
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
2.17 Fisheries Management (Ocean Trawl Share Management 1
Plan) Regulation 2006 2
Appendix, Schedule 3 3
Omit "(ranina ranina)". Insert instead "(Ranina ranina)". 4
Explanatory note 5
The proposed amendment corrects a typographical error. 6
2.18 Forestry Act 1916 No 55 7
[1] Section 32A 8
Omit "sections 32B and 32C". Insert instead "section 32C". 9
[2] Section 40 (1) (b) 10
Omit the paragraph. 11
Explanatory note 12
Item [1] of the proposed amendments corrects a cross-reference. 13
Item [2] of the proposed amendments omits a redundant provision. 14
2.19 Goulburn Mulwaree Local Environmental Plan 2009 15
Schedule 5, Part 1, item No 212 16
Omit "Nissan" from the second column. Insert instead "Nissen". 17
Explanatory note 18
The proposed amendment corrects a typographical error. 19
2.20 Goulburn Mulwaree Local Environmental Plan 2009 20
(Amendment No 1) 21
Schedule 1 [3] 22
Omit "clause 4A (2) (d)". Insert instead "clause 4.2A (2) (d)". 23
Commencement 24
The amendment is taken to have commenced on 13 March 2009. 25
Explanatory note 26
The proposed amendment corrects an incorporation direction. 27
Page 44
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
2.21 Great Lakes Local Environmental Plan 1996 1
Clause 6 (3) 2
Insert at the end of clause 6: 3
(3) Notes in this plan do not form part of this plan. 4
Explanatory note 5
The proposed amendment clarifies the status of notes. 6
2.22 Hawkesbury Local Environmental Plan 1989 7
Clause 9C (3) (f) 8
Omit the paragraph. Insert instead: 9
(f) is significantly contaminated land within the meaning of 10
the Contaminated Land Management Act 1997, or 11
Commencement 12
The amendment commences, or is taken to have commenced, on the commencement 13
of Schedule 1 [8] to the Contaminated Land Management Amendment Act 2008. 14
Explanatory note 15
The proposed amendment updates terminology. 16
2.23 Higher Education Act 2001 No 102 17
Schedule 1, Part 1 18
Omit "Australian William E. Simon University". 19
Explanatory note 20
The proposed amendment is consequential on the repeal of an Act by Schedule 5. 21
2.24 Home Building Act 1989 No 147 22
Schedule 4, clause 81 (3) 23
Insert after clause 81 (2): 24
(3) A reference in clause 73A of the Home Building Regulation 2004 25
to section 93 (3) of the Act is taken for all purposes to have been 26
a reference to section 99 (3) of the Act on and from the 27
commencement of that clause. 28
Explanatory note 29
The proposed amendment corrects a cross-reference. 30
Page 45
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
2.25 Interpretation Act 1987 No 15 1
[1] Section 39 (1) (b) 2
Omit "shall take effect". Insert instead "commences". 3
[2] Section 39 (2A) 4
Omit "to take effect". Insert instead "to commence". 5
[3] Section 39 (2A) 6
Omit "take effect from the day the statutory rule is published on the NSW 7
legislation website, instead of from". 8
Insert instead "commence on the day the statutory rule is published on the 9
NSW legislation website, instead of on". 10
Explanatory note 11
The proposed amendments replace references to "take effect" with references to 12
"commence", which is the expression used in connection with Acts. 13
2.26 Kempsey Local Environmental Plan 1987 14
Clause 5 (3) 15
Insert after clause 5 (2): 16
(3) Notes in this plan are provided for guidance and do not form part 17
of this plan. 18
Explanatory note 19
The proposed amendment clarifies the status of notes. 20
2.27 Lake Macquarie Local Environmental Plan 2004 21
Schedule 1, clause 2 (1) (r) 22
Omit the paragraph. Insert instead: 23
(r) is significantly contaminated land within the meaning of 24
the Contaminated Land Management Act 1997. 25
Commencement 26
The amendment commences, or is taken to have commenced, on the commencement 27
of Schedule 1 [8] to the Contaminated Land Management Amendment Act 2008. 28
Explanatory note 29
The proposed amendment updates terminology. 30
Page 46
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
2.28 Law Enforcement (Powers and Responsibilities) Act 2002 1
No 103 2
[1] Part 12, note 3
Omit "Road Transport (General) Act 1999". 4
Insert instead "Road Transport (General) Act 2005". 5
[2] Schedule 2 6
Omit the matter relating to the following: 7
Physiotherapists Registration Act 1945 8
Revenue Laws (Reciprocal Powers) Act 1987 9
Explanatory note 10
Item [1] of the proposed amendments updates a cross-reference. 11
Item [2] of the proposed amendments omits references to repealed Acts. 12
2.29 Leeton Local Environmental Plan No 4 13
Clause 5 (1), definition of "item of the environmental heritage" 14
Omit "clause 31 (1)" from paragraph (b) of the definition. 15
Insert instead "clause 32 (1)". 16
Explanatory note 17
The proposed amendment corrects a cross-reference. 18
2.30 Legal Profession Act 2004 No 112 19
Section 14 (2) (f) 20
Omit the paragraph. 21
Explanatory note 22
The proposed amendment is consequential on the repeal of an Act by Schedule 5. 23
2.31 Legal Profession Regulation 2005 24
Clause 5 (a) 25
Omit "Legal Profession Act 2004". 26
Insert instead "Legal Profession Act 2007". 27
Explanatory note 28
The proposed amendment updates a reference. 29
Page 47
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
2.32 Leichhardt Local Environmental Plan 2000 1
Schedule 2, Table 2
Omit "MSW&DB aquaduct" from the matter relating to Piper Street, 3
Annandale. 4
Insert instead "MWS&DB aqueduct". 5
Explanatory note 6
The proposed amendment corrects typographical errors. 7
2.33 Marine Safety (General) Regulation 2009 8
Schedule 5, Part 1, Key 9
Omit "s to be". Insert instead "Is to be". 10
Explanatory note 11
The proposed amendment corrects a typographical error. 12
2.34 Mental Health (Forensic Provisions) Act 1990 No 10 13
Schedule 2 14
Omit "Mental Health (Criminal Procedure) Act 1990". 15
Insert instead "Mental Health (Forensic Provisions) Act 1990". 16
Explanatory note 17
The proposed amendment updates a reference to an Act. 18
2.35 Mental Health Regulation 2007 19
Clause 12 20
Omit "Parkinsons Disease". Insert instead "Parkinson's disease". 21
Explanatory note 22
The proposed amendment corrects typographical errors. 23
2.36 Miscellaneous Acts (Local Court) Amendment Act 2007 24
No 94 25
[1] Schedule 1.43 26
Omit the Subschedule. 27
[2] Schedule 2 28
Omit the matter relating to the Farm Produce Act 1983 and the Land Agents 29
Act 1927. 30
Page 48
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendments are consequential on the repeal of Acts by Schedule 5. 2
2.37 Motor Dealers Regulation 2004 3
Clause 64 4
Omit "the motor vehicle depreciation limit under section 57AF of the Income 5
Tax Assessment Act 1936 of the Commonwealth". 6
Insert instead "the car limit under section 40-230 of the Income Tax 7
Assessment Act 1997 of the Commonwealth". 8
Explanatory note 9
The proposed amendment updates terminology and a cross-reference. 10
2.38 Muswellbrook Local Environmental Plan 2009 11
Schedule 1, clause 3 (1) 12
Omit "Muswellbroook". Insert instead "Muswellbrook". 13
Explanatory note 14
The proposed amendment corrects a typographical error. 15
2.39 National Parks and Wildlife Act 1974 No 80 16
[1] Section 69A (1), definition of "statutory authority" 17
Omit paragraph (b). 18
[2] Schedule 13, Part 1, Group 5 19
Omit "spp." wherever occurring in the matter relating to Macrozamia 20
pauli-guilielmi and Phebalium glandulosum. 21
Insert instead "ssp.". 22
Explanatory note 23
Item [1] of the proposed amendments omits a redundant provision. 24
Item [2] of the proposed amendments corrects abbreviations. 25
2.40 Parliamentary Electorates and Elections Amendment Act 26
2006 No 68 27
[1] Schedule 19.4, heading 28
Omit "Banana Industry Regulation 2003". 29
Insert instead "Banana Industry Regulation 2008". 30
Page 49
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
[2] Schedule 19.4 [1] 1
Omit "5" wherever occurring. Insert instead "4". 2
[3] Schedule 19.4 [2] 3
Omit "Clauses 15 (a) and 41 (a)". 4
Insert instead "Clauses 14 (a) and 40 (a)". 5
[4] Schedule 19.4 [3] 6
Omit "Clauses 21 (2) (a) and 48 (2) (a)". 7
Insert instead "Clauses 20 (2) (a) and 47 (2) (a)". 8
[5] Schedule 19.7, 19.15, 19.18 and 19.19 9
Omit the Subschedules. 10
[6] Schedule 19.14, heading 11
Omit "Nurses and Midwives Regulation 2003". 12
Insert instead "Nurses and Midwives Regulation 2008". 13
[7] Schedule 19.14 [1] 14
Omit "Clause 3 Definitions". 15
Insert instead "Schedule 1 Election of Board members". 16
[8] Schedule 19.14 [1] 17
Omit "clause 3 (1)". Insert instead "clause 1". 18
[9] Schedule 19.14 [2] and [3] 19
Omit the items. 20
[10] Schedule 19.16 21
Omit the Subschedule. Insert instead: 22
19.16 Physiotherapists Regulation 2008 23
Schedule 1 Election of Board members 24
Omit the definition of returning officer from clause 1. Insert instead: 25
returning officer means an accredited election service 26
provider (referred to in Part 6A of the Parliamentary 27
Electorates and Elections Act 1912) appointed by the 28
Board for the purpose of exercising the functions of a 29
returning officer at an election. 30
Page 50
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
Explanatory note 1
Items [1]-[4], [6]-[8] and [10] of the proposed amendments update cross-references to 2
replaced instruments. 3
Items [5] and [9] of the proposed amendments omit redundant provisions. 4
2.41 Parliamentary Evidence Act 1901 No 43 5
Section 11 (1) 6
Omit "sergeant-at-arms". Insert instead "serjeant-at-arms". 7
Explanatory note 8
The proposed amendment corrects a reference to an office holder. 9
2.42 Plant Diseases Act 1924 No 38 10
Section 18A (12) 11
Omit the subsection. Insert instead: 12
(12) Where a prescribed fee for the purposes of this section is paid by 13
a person who is not the owner of the coverings or fruit or 14
vegetables in respect of which the payment is made, an amount 15
equal to the amount of that fee may be recovered from the owner 16
by that person in any court of competent jurisdiction as a debt due 17
and owing by the owner to the extent to which it has not been 18
waived or remitted in accordance with subsection (13). 19
Explanatory note 20
The proposed amendment is consequential on the repeal of Acts by Schedule 5. 21
2.43 Port Macquarie-Hastings (Area 13 Thrumster) Local 22
Environmental Plan 2008 23
[1] Schedule 2 24
Omit "in an exempt development code. The Policy will have State-wide 25
application and commences on 27 February 2009" from Note 1 at the 26
beginning of the Schedule. 27
Insert instead ". The Policy has State-wide application". 28
[2] Schedule 2 29
Omit "2Kw" from subclause (3) of the matter relating to Wind energy 30
generating works. 31
Insert instead "2kW". 32
Page 51
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
[3] Schedule 3, Part 1 1
Omit "in a complying development code. The Policy will have State-wide 2
application and commences on 27 February 2009" from the note at the 3
beginning of the Part. 4
Insert instead ". The Policy has State-wide application.". 5
[4] Schedule 3, Part 1 6
Omit "100w" and "150w" from subclause (4) (b) of the matter relating to 7
Recreation facilities (swimming pools and spa pools). 8
Insert instead "100W" and "150W", respectively. 9
Explanatory note 10
Items [1] and [3] of the proposed amendments update references. 11
Items [2] and [4] of the proposed amendments correct typographical errors. 12
2.44 Poultry Meat Industry Act 1986 No 101 13
Section 13, definition of "inspector" 14
Omit the definition. Insert instead: 15
inspector means a person authorised in writing by the Minister to 16
exercise the functions of an inspector under this Part. 17
Explanatory note 18
The proposed amendment is consequential on the repeal of Acts by Schedule 5. 19
2.45 Poultry Meat Industry Regulation 2008 20
Clause 2 21
Omit "3 October". Insert instead "9 October". 22
Explanatory note 23
The proposed amendment corrects a commencement date. 24
2.46 Powers of Attorney Act 2003 No 53 25
Section 19 (2) 26
Omit "Conveyancers Licensing Act 1995". 27
Insert instead "Conveyancers Licensing Act 2003". 28
Explanatory note 29
The proposed amendment updates a cross-reference. 30
Page 52
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
2.47 Probate and Administration Act 1898 No 13 1
Section 3 (2) 2
Insert at the end of section 3: 3
(2) Notes in this Act do not form part of this Act. 4
Explanatory note 5
The proposed amendment clarifies the status of notes. 6
2.48 Public Sector Employment and Management Act 2002 No 43 7
Schedule 2, Part 3 8
Omit "section 6 (1A)". Insert instead "section 6B". 9
Explanatory note 10
The proposed amendment corrects a cross-reference. 11
2.49 Rail Safety Act 2008 No 97 12
Section 167 (7) 13
Omit "statutory instruments". Insert instead "statutory rules". 14
Explanatory note 15
The proposed amendment corrects a reference. 16
2.50 Registered Clubs Act 1976 No 31 17
Schedule 2, clause 34 (1) 18
Omit "of the Regulation" where secondly occurring. 19
Insert instead "of the Regulation)". 20
Explanatory note 21
The proposed amendment corrects a typographical error. 22
2.51 Rice Marketing Act 1983 No 176 23
Section 52 (2) 24
Omit the subsection. 25
Explanatory note 26
The proposed amendment is consequential on the repeal of Acts by Schedule 5. 27
Page 53
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
2.52 Road Transport (Driver Licensing) Act 1998 No 99 1
[1] Section 25 (3), note 2
Omit "Section 26 of the Road Transport (General) Act 1999". 3
Insert instead "Section 189 of the Road Transport (General) Act 2005". 4
[2] Section 25A (5) 5
Omit "(3A) (a) (ii)". Insert instead "(3A) (b) (i)". 6
Commencement 7
Item [2] of the amendments is taken to have commenced on 9 March 2009. 8
Explanatory note 9
The proposed amendments correct cross-references. 10
2.53 Road Transport (Driver Licensing) Regulation 2008 11
Clause 102 (2) 12
Omit "(3A) (a) (ii)". Insert instead "(3A) (b) (i)". 13
Commencement 14
The amendment is taken to have commenced on 9 March 2009. 15
Explanatory note 16
The proposed amendment corrects a cross-reference. 17
2.54 Road Transport (General) Regulation 2005 18
Clause 18 (3) 19
Insert "clause" after "under". 20
Explanatory note 21
The proposed amendment corrects a cross-reference. 22
2.55 Road Transport (Safety and Traffic Management) Act 1999 23
No 20 24
Section 9, note 25
Omit "Division 3 of Part 3 of the Road Transport (General) Act 1999". 26
Insert instead "Division 1 of Part 5.4 of the Road Transport (General) Act 27
2005". 28
Explanatory note 29
The proposed amendment corrects a cross-reference. 30
Page 54
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
2.56 Roads Regulation 2008 1
Clause 2 2
Omit "1 June". Insert instead "3 June". 3
Explanatory note 4
The proposed amendment corrects a commencement date. 5
2.57 Security Industry Regulation 2007 6
Clause 37 (1) (a) 7
Omit "forceable". Insert instead "forcible". 8
Explanatory note 9
The proposed amendment corrects a typographical error. 10
2.58 Shellharbour Rural Local Environmental Plan 2004 11
Clause 49 (1) (b) 12
Omit "from that Director-General". 13
Explanatory note 14
The proposed amendment removes a redundant reference. 15
2.59 Sporting Venues (Pitch Invasions) Regulation 2006 16
Clause 3 17
Omit "know". Insert instead "known". 18
Explanatory note 19
The proposed amendment corrects a typographical error. 20
2.60 Standard Instrument (Local Environmental Plans) Order 21
2006 22
[1] Standard instrument, clause 5.4 (3) 23
Omit "light industry". Insert instead "home industry". 24
[2] Standard instrument, Dictionary 25
Omit paragraph (b) of the note to the definition of place of public 26
entertainment. 27
Insert instead: 28
(b) any premises the subject of a licence under the Liquor Act 29
2007 that are used or intended to be used for the purpose 30
of providing entertainment, including public 31
Page 55
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
entertainment, but not including amusement by means of 1
an approved gaming machine within the meaning of the 2
Gaming Machines Act 2001, or 3
Explanatory note 4
Item [1] of the proposed amendments corrects a reference. 5
Item [2] of the proposed amendments updates a definition. 6
2.61 State Environmental Planning Policy No 4--Development 7
Without Consent and Miscellaneous Exempt and Complying 8
Development 9
Clause 4 (1) 10
Omit "(Western Parklands)". 11
Insert instead "(Western Sydney Parklands)". 12
Explanatory note 13
The proposed amendment corrects a reference to an instrument. 14
2.62 State Environmental Planning Policy (Exempt and 15
Complying Development Codes) 2008 16
[1] Clause 3.10 (2) 17
Renumber paragraphs (a) and (b) (both where secondly occurring) and (c)-(e) 18
of the definition of floor area as paragraphs (c)-(g), respectively. 19
[2] Clause 3.11 (3) 20
Renumber paragraphs (a) and (b) (both where secondly occurring) and (c) of 21
the definition of floor area as paragraphs (c)-(e), respectively. 22
Explanatory note 23
The proposed amendments correct duplicated paragraph numbering. 24
2.63 State Environmental Planning Policy (Major Projects) 2005 25
[1] Schedule 3, Part 29, clause 14 (1) 26
Omit "subdivison". Insert instead "subdivision". 27
[2] Schedule 3, Part 29, clause 14 (2) (b) 28
Omit "opporunity". Insert instead "opportunity". 29
[3] Schedule 3, Part 34, clause 9 (2) 30
Omit "environmental protection works;". 31
Page 56
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
Explanatory note 1
Items [1] and [2] of the proposed amendments correct typographical errors. 2
Item [3] of the proposed amendments omits duplicated words. 3
2.64 State Environmental Planning Policy (Western Sydney 4
Parklands) 2009 5
Clause 9 (1) 6
Omit "Subsection". Insert instead "Subclause". 7
Explanatory note 8
The proposed amendment corrects a typographical error. 9
2.65 Strata Schemes (Freehold Development) Act 1973 No 68 10
[1] Section 37A (6) (b) 11
Omit "subdivision". Insert instead "conversion". 12
[2] Section 91 13
Omit the section. 14
Explanatory note 15
Item [1] of the proposed amendments corrects a typographical error. 16
Item [2] of the proposed amendments omits a redundant provision. 17
2.66 Strata Schemes (Leasehold Development) Act 1986 No 219 18
[1] Section 66A (6) (b) 19
Omit "subdivision". Insert instead "conversion". 20
[2] Section 123 21
Omit the section. 22
Explanatory note 23
Item [1] of the proposed amendments corrects a typographical error. 24
Item [2] of the proposed amendments omits a redundant provision. 25
2.67 Strata Schemes (Leasehold Development) Regulation 2007 26
Schedule 2, clause 1 (2) 27
Omit "a plan". Insert instead "A plan". 28
Explanatory note 29
The proposed amendment corrects a typographical error. 30
Page 57
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
2.68 Subordinate Legislation Act 1989 No 146 1
[1] Schedule 4, items 4, 7, 10, 13 and 30 2
Omit the items. 3
[2] Schedule 4, item 23 4
Omit "Banks". Insert instead "Bank". 5
Explanatory note 6
Item [1] of the proposed amendments omits redundant provisions. 7
Item [2] of the proposed amendments corrects a cross-reference. 8
2.69 Supreme Court Rules 1970 9
Schedule J, Part 1 10
Renumber clause 5 (1) (d) (where secondly occurring) and (e) in the matter 11
relating to the Succession Act 2006 as paragraphs (e) and (f), respectively. 12
Explanatory note 13
The proposed amendment corrects duplicated numbering. 14
2.70 Sutherland Shire Local Environmental Plan 2006 15
[1] Clause 57, table 16
Omit the following from under the heading "Trees" where firstly occurring: 17
Pinus radiata Radiata pine
[2] Clause 57, table 18
Omit the following from under the heading "Trees" where firstly occurring: 19
Syagrus romanzoffiana Cocos Palm
Explanatory note 20
The proposed amendments omit duplicated provisions. 21
2.71 Sydney Regional Environmental Plan No 19--Rouse Hill 22
Development Area 23
Clause 3 (2) (a) 24
Omit "clause 275". Insert instead "clause 276". 25
Page 58
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendment corrects a cross-reference. 2
2.72 Sydney Regional Environmental Plan No 24--Homebush 3
Bay Area 4
[1] Clause 9A (2) (i) 5
Omit the paragraph. Insert instead: 6
(i) it relates to significantly contaminated land within the 7
meaning of the Contaminated Land Management Act 8
1997, the development complies with the terms of an 9
approved voluntary management proposal under that Act, 10
and 11
[2] Clause 9A (2) (j) and (k) 12
Omit "if" wherever occurring. 13
Commencement 14
Item [1] of the amendments commences, or is taken to have commenced, on the 15
commencement of Schedule 1 [8] to the Contaminated Land Management Amendment 16
Act 2008. 17
Explanatory note 18
Item [1] of the proposed amendments updates terminology. 19
Item [2] of the proposed amendments omits a superfluous word. 20
2.73 Trade Measurement Regulation 2007 21
[1] Clause 2 (1), definition of "paint" 22
Omit "(other than in Part 2 and Schedules 1-3)". 23
[2] Clause 2 (2) 24
Omit "Schedules 1-3". Insert instead "Schedule 1". 25
[3] Clause 2 (3) 26
Insert at the end of clause 2: 27
(3) Notes in this Regulation do not form part of this Regulation. 28
Explanatory note 29
Item [1] of the proposed amendments omits redundant words. 30
Item [2] of the proposed amendments updates cross-references. 31
Item [3] of the proposed amendments clarifies the status of notes. 32
Page 59
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 2 Amendments by way of statute law revision
2.74 Warringah Local Environmental Plan 2000 1
[1] Clause 48 2
Insert "(1)" before "The consent authority". 3
[2] Clause 48 4
Insert "(2)" before "Consent for development". 5
[3] Clause 48 6
Omit "within an investigation area". 7
Insert instead "specified in a preliminary investigation order under the 8
Contaminated Land Management Act 1997". 9
[4] Clause 48 (2) (as renumbered by item [2]) 10
Omit ", and" wherever occurring. 11
[5] Schedule 9, clause 2 (2) and Dictionary, definition of "category A 12
remediation work" 13
Omit "remediation order" wherever occurring. 14
Insert instead "management order". 15
[6] Dictionary, definitions of "investigation area" and "remediation site" 16
Omit the definitions. 17
Commencement 18
Items [3], [5] and [6] commence, or are taken to have commenced, on the 19
commencement of Schedule 1 [8] to the Contaminated Land Management Amendment 20
Act 2008. 21
Explanatory note 22
Items [1] and [2] of the proposed amendments insert missing numbering. 23
Items [3] and [5] of the proposed amendments update terminology. 24
Item [4] of the proposed amendments omits incorrect conjunctions. 25
Item [6] of the proposed amendments omits redundant definitions. 26
2.75 Water Sharing Plan for the Bellinger River Area Unregulated 27
and Alluvial Water Sources 2008 28
Schedule 4, paragraph (b) 29
Omit the paragraph. Insert instead: 30
(b) any significantly contaminated land within the meaning of 31
the Contaminated Land Management Act 1997, 32
Page 60
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments by way of statute law revision Schedule 2
Commencement 1
The amendment commences, or is taken to have commenced, on the commencement 2
of Schedule 1 [8] to the Contaminated Land Management Amendment Act 2008. 3
Explanatory note 4
The proposed amendment updates terminology. 5
2.76 Water Sharing Plan for the Coopers Creek Water Source 6
2003 7
[1] Clause 17 (2) (d) 8
Omit "Class". Insert instead "C Class". 9
[2] Clause 32 (2) 10
Omit "clasue 19". Insert instead "clause 19". 11
[3] Clause 47 (3) 12
Renumber paragraphs (c) and (d) as paragraphs (a) and (b), respectively. 13
Explanatory note 14
Items [1] and [2] of the proposed amendments correct typographical errors. 15
Item [3] of the proposed amendments corrects incorrect numbering. 16
2.77 Wilderness Act 1987 No 196 17
[1] Section 2 (1), definition of "statutory authority" 18
Omit paragraph (b). 19
[2] Section 8 (5) 20
Omit "or section 59 of the National Parks and Wildlife Act 1974 does not, 21
except as otherwise provided by any agreement under this Act or that Act". 22
Insert instead "does not, except as otherwise provided by any agreement under 23
this Act". 24
Explanatory note 25
Item [1] of the proposed amendments omits a redundant provision. 26
Item [2] of the proposed amendments omits a redundant cross-reference. 27
2.78 Wyong Local Environmental Plan 1991 28
Clauses 2 (2) (j) (iii) and 28 (4) (b) (ii) 29
Omit "eco-systems" wherever occurring. Insert instead "ecosystems". 30
Explanatory note 31
The proposed amendment corrects typographical errors. 32
Page 61
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 3 Amendments consequential on enactment of Legal Profession Act 2004
Schedule 3 Amendments consequential on 1
enactment of Legal Profession Act 2004 2
Explanatory note 3
The Legal Profession Act 2004 introduced new terms to distinguish between different 4
types of lawyers. In particular, the Act introduced the concept of an Australian lawyer 5
(a person who is admitted to the legal profession under the Act or a corresponding law) 6
and an Australian legal practitioner (an Australian lawyer who holds a current local 7
practising certificate or a current interstate practising certificate). Currently, the 8
meanings of Australian legal practitioner and Australian lawyer are contained in the 9
Interpretation Act 1987 for ease of reference in other Acts. 10
3.1 Consumer Credit Administration Act 1995 No 69 11
Sections 30 (2), 36 (1), 38 (a), 39 (1) and 42 (3) 12
Omit "a legal practitioner" wherever occurring. 13
Insert instead "an Australian legal practitioner". 14
Explanatory note 15
The proposed amendments provide that the existing references to a legal practitioner 16
in those provisions of the Consumer Credit Administration Act 1995 dealing with 17
representation during an inquiry under that Act, or representation in any proceedings 18
arising under the consumer credit legislation before a court or the Consumer, Trader 19
and Tenancy Tribunal, are references to an Australian lawyer who holds a current 20
practising certificate. 21
3.2 Conveyancing Act 1919 No 6 22
[1] Sections 66P (1) and 66Z (1) 23
Omit the definition of barrister wherever occurring. Insert instead: 24
barrister has the same meaning as it has in the Legal Profession 25
Act 2004. 26
[2] Sections 66P (1) and 66Z (1) 27
Omit the definition of solicitor wherever occurring. Insert instead: 28
solicitor has the same meaning as it has in the Legal Profession 29
Act 2004, and includes a licensed conveyancer. 30
Explanatory note 31
The proposed amendments update the current definitions of barrister and solicitor 32
contained in the Conveyancing Act 1919 by defining these terms with reference to the 33
Legal Profession Act 2004. 34
Page 62
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments consequential on enactment of Legal Profession Act 2004 Schedule 3
3.3 Criminal Procedure Act 1986 No 209 1
[1] Sections 76 (4) (b) and note, 185, note and 306V (2) and (3) (b) 2
Omit "lawyer" wherever occurring. 3
Insert instead "Australian legal practitioner". 4
[2] Section 306ZL Vulnerable persons have a right to alternative 5
arrangements for giving evidence when accused is unrepresented 6
Omit "a lawyer" from section 306ZL (1). 7
Insert instead "an Australian legal practitioner". 8
[3] Section 306ZL (7) (b) 9
Omit "Australian lawyer". Insert instead "Australian legal practitioner". 10
Explanatory note 11
Items [1] and [2] of the proposed amendments provide that certain recorded evidence 12
given by a child or a cognitively impaired person may be admitted or used as evidence 13
in proceedings if the accused person and his or her Australian legal practitioner have 14
been given a reasonable opportunity to listen to or view the recording. 15
Item [3] of the proposed amendments makes provision for a child or a cognitively 16
impaired person to be examined by a person appointed by the court instead of by the 17
accused or the defendant (in circumstances where the accused or defendant is not 18
represented by an Australian legal practitioner). 19
Item [4] of the proposed amendments makes a consequential amendment. 20
3.4 Evidence on Commission Act 1995 No 26 21
Sections 7 (2) (b) and 21 (2) (b) 22
Omit "the lawyer of" wherever occurring. 23
Insert instead "the Australian legal practitioner representing". 24
Explanatory note 25
The proposed amendments make it clear that a superior court may, when making an 26
order for taking evidence abroad or outside of the State under the Evidence on 27
Commission Act 1995, include a request for the attendance of the Australian legal 28
practitioner representing each party to a proceeding. 29
3.5 Law Enforcement (Powers and Responsibilities) Act 2002 30
No 103 31
[1] Section 117 Certain times to be disregarded in calculating investigation 32
period 33
Insert "Australian" before "legal practitioner" wherever occurring. 34
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Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 3 Amendments consequential on enactment of Legal Profession Act 2004
[2] Sections 123 (1) (b), (5) and (8) and 127 (1) (a) 1
Omit "a legal practitioner" wherever occurring. 2
Insert instead "an Australian legal practitioner". 3
[3] Section 123 Right to communicate with friend, relative, guardian or 4
independent person and Australian legal practitioner 5
Omit "that legal practitioner" from section 123 (1) (b). 6
Insert instead "that Australian legal practitioner". 7
[4] Section 123 (1) (b) (i), (5) and (6) 8
Omit "the legal practitioner" wherever occurring. 9
Insert instead "the Australian legal practitioner". 10
[5] Section 123 (7) and (8) 11
Omit "or legal practitioner" wherever occurring. 12
Insert instead "or Australian legal practitioner". 13
Explanatory note 14
The proposed amendments provide that the existing references to a legal practitioner 15
in those provisions of the Law Enforcement (Powers and Responsibilities) Act 2002 16
dealing with the detention of persons after arrest for the purposes of questioning and 17
the safeguards relating to those persons in custody are references to an Australian 18
lawyer who holds a current practising certificate. 19
3.6 Loan Fund Companies Act 1976 No 94 20
[1] Section 51 Procedure with respect to holding of inquiry 21
Omit "A duly qualified legal practitioner" from section 51 (4). 22
Insert instead "An Australian legal practitioner". 23
[2] Sections 52 (6) and 54 24
Omit "a duly qualified legal practitioner" wherever occurring. 25
Insert instead "an Australian legal practitioner". 26
Explanatory note 27
The proposed amendments provide that the existing references to a duly qualified legal 28
practitioner in those provisions of the Loan Fund Companies Act 1976 dealing with 29
inquiries into the affairs and activities of loan fund companies are references to an 30
Australian lawyer who holds a current practising certificate. 31
Page 64
Statute Law (Miscellaneous Provisions) Bill 2009
Amendments consequential on enactment of Legal Profession Act 2004 Schedule 3
3.7 Occupational Health and Safety Act 2000 No 40 1
Sections 126 (1) and 127 (1) 2
Omit "a legal practitioner" wherever occurring. 3
Insert instead "an Australian legal practitioner". 4
Explanatory note 5
The proposed amendments make provision for an Australian legal practitioner to 6
appear as a representative in proceedings under section 125 of the Occupational 7
Health and Safety Act 2000 on an application for a guideline judgment. 8
Page 65
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 4 On-line notification of the making of statutory instruments
Schedule 4 On-line notification of the making of 1
statutory instruments 2
Explanatory note 3
This Schedule contains amendments that relate to the official notification of the making 4
of certain statutory instruments on the NSW legislation website that is maintained by 5
the Parliamentary Counsel. 6
Generally, the amendments require that certain statutory instruments such as 7
proclamations, orders and notices that directly amend Acts be published on the NSW 8
legislation website instead of in the Gazette. 9
Subschedules 4.25 and 4.38 confirm that the rules of the Guardianship Tribunal and 10
the Medical Tribunal are rules of court for the purposes of the Interpretation Act 1987 11
and are therefore required to be published on the NSW legislation website rather than 12
in the Gazette. 13
In addition, some amendments (Subschedules 4.2, 4.11, 4.14, 4.32-4.35, 4.50-4.53, 14
4.69, 4.71 and 4.74) confirm that court practice notes and certain other instruments, 15
which apply the statutory rule provisions of the Interpretation Act 1987 relating to 16
parliamentary tabling and disallowance, continue to be required to be published in the 17
Gazette. 18
4.1 Aboriginal Land Rights Act 1983 No 42 19
Section 93 Regions 20
Omit "in the Gazette" from section 93 (2). 21
Insert instead "on the NSW legislation website". 22
4.2 Administrative Decisions Tribunal Act 1997 No 76 23
Section 91A Practice notes 24
Omit section 91A (2). Insert instead: 25
(2) A practice note must be published in the Gazette. 26
(3) Sections 40 and 41 of the Interpretation Act 1987 apply to a 27
practice note in the same way as they apply to a statutory rule. 28
4.3 AGL Corporate Conversion Act 2002 No 16 29
Section 34 Part 4 of Gas Industry Restructuring Act 1986 ceases to have 30
effect on registration day 31
Omit "in the Gazette" from section 34 (4). 32
Insert instead "on the NSW legislation website". 33
Page 66
Statute Law (Miscellaneous Provisions) Bill 2009
On-line notification of the making of statutory instruments Schedule 4
4.4 Apiaries Act 1985 No 16 1
[1] Section 48 Certain orders to be published in Gazette 2
Insert "(other than an order made under section 51)" after "An order". 3
[2] Section 51 Amendment of Schedules 1, 2 and 3 4
Omit "in the Gazette" from section 51 (1) and (2), wherever occurring. 5
Insert instead "on the NSW legislation website". 6
4.5 Bible Society NSW (Corporate Conversion) Act 2008 No 91 7
Section 7 Existing Society Act and rules cease to have effect on 8
registration day 9
Omit "in the Gazette" from section 7 (3). 10
Insert instead "on the NSW legislation website". 11
4.6 Botany Cemetery and Crematorium Act 1972 No 6 12
Section 16 Amendment of Schedules 13
Omit "in the Gazette" from section 16 (1). 14
Insert instead "on the NSW legislation website". 15
4.7 Brigalow and Nandewar Community Conservation Area Act 16
2005 No 56 17
[1] Section 16 Future additions to zones of Community Conservation Area 18
Insert "published on the NSW legislation website" after "proclamation" in 19
section 16 (1). 20
[2] Section 22 Adjustment of description of transferred land 21
Omit "in the Gazette" from section 22 (3). 22
Insert instead "on the NSW legislation website". 23
4.8 Catchment Management Authorities Act 2003 No 104 24
Section 11 Abolition, establishment or change of name or area of 25
operations of authorities 26
Omit "in the Gazette" from section 11 (1). 27
Insert instead "on the NSW legislation website". 28
Page 67
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 4 On-line notification of the making of statutory instruments
4.9 Central Coast Water Corporation Act 2006 No 105 1
Schedule 7.2 Water Management Act 2000 No 92 2
Omit "in the Gazette" from proposed section 286 (6) in Schedule 7.2 [1]. 3
Insert instead "on the NSW legislation website". 4
4.10 Chipping Norton Lake Authority Act 1977 No 38 5
Section 23 Extension or restriction of development area 6
Omit "in the Gazette". Insert instead "on the NSW legislation website". 7
4.11 Civil Procedure Act 2005 No 28 8
Section 15 Practice notes 9
Omit section 15 (2). Insert instead: 10
(2) A practice note must be published in the Gazette. 11
(3) Sections 40 and 41 of the Interpretation Act 1987 apply to a 12
practice note in the same way as they apply to a statutory rule. 13
4.12 Dams Safety Act 1978 No 96 14
Section 27 Amendment etc of Schedule 1 15
Omit "in the Gazette" from section 27 (1) and (2), wherever occurring. 16
Insert instead "on the NSW legislation website". 17
4.13 Discharged Servicemen's Badges Act 1964 No 49 18
Section 2 Interpretation 19
Omit "in the Gazette" from section 2 (2). 20
Insert instead "on the NSW legislation website". 21
4.14 District Court Act 1973 No 9 22
[1] Section 161 Civil procedure rules 23
Omit "is taken to be a statutory rule for the purposes of Part 6 of the 24
Interpretation Act 1987. This subsection does not apply to a practice note 25
issued before the commencement of this subsection" from section 161 (7). 26
Insert instead "must be published in the Gazette". 27
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[2] Section 161 (8) 1
Insert after section 161 (7): 2
(8) Sections 40 and 41 of the Interpretation Act 1987 apply to a 3
practice note in the same way as they apply to a statutory rule. 4
[3] Section 188 References to District Court judges in existing instruments 5
Omit "Sections 39," from section 188 (4). Insert instead "Sections". 6
4.15 Drug and Alcohol Treatment Act 2007 No 7 7
Section 54 Amendment of Schedule 1 (Substances) 8
Omit "in the Gazette". Insert instead "on the NSW legislation website". 9
4.16 Dust Diseases Tribunal Act 1989 No 63 10
Section 35 Power to add diseases to Schedule 1 11
Omit "in the Gazette" from section 35 (1) and (2), wherever occurring. 12
Insert instead "on the NSW legislation website". 13
4.17 Environmental Planning and Assessment Act 1979 No 203 14
[1] Sections 75R (3A), 94EG (1) and (3) and 118AA (11) 15
Omit "in the Gazette", wherever occurring. 16
Insert instead "on the NSW legislation website". 17
[2] Schedule 6 Savings, transitional and other provisions 18
Omit "in the Gazette" from clause 91 (1). 19
Insert instead "on the NSW legislation website". 20
4.18 Fair Trading Act 1987 No 68 21
[1] Section 31 Order (other than interim order) prohibiting or restricting the 22
supply of goods 23
Insert after section 31 (1): 24
(1A) An order made under this section must be published in the 25
Gazette. 26
[2] Section 31 (2) 27
Omit "Sections 39,". Insert instead "Sections". 28
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Schedule 4 On-line notification of the making of statutory instruments
4.19 Fire Brigades Act 1989 No 192 1
Section 55 Advance payment by insurance companies 2
Omit "in the Gazette" from section 55 (5). 3
Insert instead "on the NSW legislation website". 4
4.20 First State Superannuation Act 1992 No 100 5
Section 7 Employers may be changed 6
Omit "in the Gazette" from section 7 (1). 7
Insert instead "on the NSW legislation website". 8
4.21 Fisheries Management Act 1994 No 38 9
[1] Sections 7B (2) and 42 (2) 10
Insert "published on the NSW legislation website" after "proclamation", 11
wherever occurring. 12
[2] Section 220D Amendment of lists 13
Omit "in the Gazette" from section 220D (1) and (2), wherever occurring. 14
Insert instead "on the NSW legislation website". 15
4.22 Forestry and National Park Estate Act 1998 No 163 16
Section 11 Adjustment of description of land transferred to national park 17
estate 18
Omit "in the Gazette" from section 11 (4). 19
Insert instead "on the NSW legislation website". 20
4.23 Government and Related Employees Appeal Tribunal Act 21
1980 No 39 22
Section 4 Definitions 23
Omit "in the Gazette" from section 4 (6) and (9), wherever occurring. 24
Insert instead "on the NSW legislation website". 25
Page 70
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4.24 Growth Centres (Development Corporations) Act 1974 No 49 1
Section 5 Amendment of Schedule 1 (Growth centres and development 2
corporations) 3
Omit "in the Gazette" from section 5 (1) and (7), wherever occurring. 4
Insert instead "on the NSW legislation website". 5
4.25 Guardianship Act 1987 No 257 6
Section 75 Rules 7
Omit section 75 (2). Insert instead: 8
(2) A rule made under this section is a rule of court for the purposes 9
of the Interpretation Act 1987. 10
4.26 Hawkesbury Racecourse Act 1996 No 74 11
Section 9 Repeals 12
Omit "in the Gazette" from section 9 (1). 13
Insert instead "on the NSW legislation website". 14
4.27 Health Services Act 1997 No 154 15
Sections 19 (1), 20 (1) and (2), 42, 43 (1) and (2), 62 (2), 64 (1) and (3) and 16
131 (1) and (2) 17
Omit "in the Gazette", wherever occurring. 18
Insert instead "on the NSW legislation website". 19
4.28 Higher Education Act 2001 No 102 20
Section 4 Australian universities 21
Omit "in the Gazette" from section 4 (1). 22
Insert instead "on the NSW legislation website". 23
4.29 Imperial Acts Application Act 1969 No 30 24
Section 11 Revival of repealed enactments 25
Omit "in the Gazette" from section 11 (1). 26
Insert instead "on the NSW legislation website". 27
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Schedule 4 On-line notification of the making of statutory instruments
4.30 Interpretation Act 1987 No 15 1
Schedule 3 Savings and transitional provisions 2
Insert after clause 9: 3
10 Operation of applied parliamentary disallowance provisions for 4
instruments published in Gazette 5
Where section 40 (Notice of statutory rules to be tabled) is 6
applied to an instrument that is required to be published in the 7
Gazette, a reference in that section to the NSW legislation 8
website is to be construed as a reference to the Gazette. 9
4.31 Lake Illawarra Authority Act 1987 No 285 10
[1] Section 5 Interpretation 11
Omit "in the Gazette" from section 5 (3). 12
[2] Section 24 Extension or restriction of development area 13
Omit "in the Gazette". Insert instead "on the NSW legislation website". 14
4.32 Land and Environment Court Act 1979 No 204 15
Section 76 Practice notes 16
Omit section 76 (2). Insert instead: 17
(2) A practice note must be published in the Gazette. 18
(2A) Sections 40 and 41 of the Interpretation Act 1987 apply to a 19
practice note in the same way as they apply to a statutory rule. 20
4.33 Legal Profession Act 2004 No 112 21
[1] Section 38 Admission rules 22
Omit section 38 (4) and the note. Insert instead: 23
(4) The rules must be published in the Gazette. 24
(5) Sections 40 (Notice of statutory rules to be tabled) and 41 25
(Disallowance of statutory rules) of the Interpretation Act 1987 26
apply to the rules in the same way as they apply to a statutory 27
rule. 28
Page 72
Statute Law (Miscellaneous Provisions) Bill 2009
On-line notification of the making of statutory instruments Schedule 4
[2] Section 394 Rules of procedure for applications 1
Omit section 394 (6) and the note. Insert instead: 2
(6) The rules must be published in the Gazette. 3
(7) Sections 40 (Notice of statutory rules to be tabled) and 41 4
(Disallowance of statutory rules) of the Interpretation Act 1987 5
apply to the rules in the same way as they apply to a statutory 6
rule. 7
4.34 Local Court Act 2007 No 93 8
Section 27 Practice notes 9
Omit section 27 (2). Insert instead: 10
(2) A practice note must be published in the Gazette. 11
(3) Sections 40 and 41 of the Interpretation Act 1987 apply to a 12
practice note in the same way as they apply to a statutory rule. 13
4.35 Local Courts Act 1982 No 164 14
[1] Section 28B Tabling and disallowance of practice notes 15
Omit "is taken to be a statutory rule for the purposes of Part 6 of the 16
Interpretation Act 1987". 17
Insert instead "must be published in the Gazette". 18
[2] Section 28B (2) 19
Insert at the end of the section: 20
(2) Sections 40 and 41 of the Interpretation Act 1987 apply to a 21
practice note in the same way as they apply to a statutory rule. 22
4.36 Local Government Associations Incorporation Act 1974 23
No 20 24
[1] Schedule 1 Savings, transitional and other provisions 25
Omit "in the Gazette" from clause 3 (1). 26
Insert instead "on the NSW legislation website". 27
[2] Schedule 1, clause 3 (3) 28
Omit "in the Gazette". 29
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4.37 Lord Howe Island Act 1953 No 39 1
Section 19A Lord Howe Island Permanent Park Preserve 2
Omit "in the Gazette" from section 19A (2). 3
Insert instead "on the NSW legislation website". 4
4.38 Medical Practice Act 1992 No 94 5
Section 158 Rules of practice and procedure for the Tribunal 6
Omit section 158 (2). Insert instead: 7
(2) A rule made under this section is a rule of court for the purposes 8
of the Interpretation Act 1987. 9
4.39 Nation Building and Jobs Plan (State Infrastructure Delivery) 10
Act 2009 No 1 11
Section 31 Repeal of Act 12
Insert "published on the NSW legislation website" after "proclamation" in 13
section 31 (3). 14
4.40 National Park Estate (Lower Hunter Region Reservations) 15
Act 2006 No 90 16
Section 10 Adjustment of description of land transferred to national park 17
estate 18
Omit "in the Gazette" from section 10 (3). 19
Insert instead "on the NSW legislation website". 20
4.41 National Park Estate (Reservations) Act 2002 No 137 21
Section 11 Adjustment of description of land transferred to national park 22
estate 23
Omit "in the Gazette" from section 11 (3). 24
Insert instead "on the NSW legislation website". 25
Page 74
Statute Law (Miscellaneous Provisions) Bill 2009
On-line notification of the making of statutory instruments Schedule 4
4.42 National Park Estate (Reservations) Act 2003 No 24 1
Section 9 Adjustment of description of land transferred to national park 2
estate 3
Omit "in the Gazette" from section 9 (3). 4
Insert instead "on the NSW legislation website". 5
4.43 National Park Estate (Reservations) Act 2005 No 84 6
Section 10 Adjustment of description of land transferred to national park 7
estate 8
Omit "in the Gazette" from section 10 (3). 9
Insert instead "on the NSW legislation website". 10
4.44 National Park Estate (Southern Region Reservations) Act 11
2000 No 103 12
Section 10 Adjustment of description of land transferred to national park 13
estate 14
Omit "in the Gazette" from section 10 (3). 15
Insert instead "on the NSW legislation website". 16
4.45 National Parks and Wildlife Act 1974 No 80 17
Sections 71U (3), (4) and (6), 93, 94 and 115 (1) and (2) 18
Omit "in the Gazette", wherever occurring. 19
Insert instead "on the NSW legislation website". 20
4.46 National Rail Corporation (Agreement) Act 1991 No 82 21
Section 3 Definitions 22
Insert "published on the NSW legislation website" after "proclamation" in 23
section 3 (2). 24
4.47 New South Wales Retirement Benefits Act 1972 No 70 25
[1] Section 64 Amendment of Schedules 2 and 2A 26
Omit "in the Gazette" from section 64 (1), (1A) and (2), wherever occurring. 27
Insert instead "on the NSW legislation website". 28
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[2] Section 64 (2) and (5) 1
Insert "or (1A)" after "subsection (1)", wherever occurring. 2
4.48 Ombudsman Act 1974 No 68 3
[1] Section 14 Amendment of Schedule 4
Omit "in the Gazette" from section 14 (1). 5
Insert instead "on the NSW legislation website". 6
[2] Section 41 Definitions 7
Insert "published on the NSW legislation website" after "proclamation" in 8
section 41 (3). 9
4.49 Parramatta Park Trust Act 2001 No 17 10
Section 8 Vesting of principal trust lands at Parramatta in the Trust 11
Omit "in the Gazette" from section 8 (3) and (4), wherever occurring. 12
Insert instead "on the NSW legislation website". 13
4.50 Passenger Transport Act 1990 No 39 14
Section 15 Fees for applications for, and renewals of, accreditations and 15
authorities 16
Omit "Sections 39," from section 15 (4). Insert instead "Sections". 17
4.51 Plant Diseases Act 1924 No 38 18
[1] Section 5A Treatment and eradication of diseases and pests 19
Insert "published in the Gazette" after "by order" in section 5A (1). 20
[2] Section 5A (3) 21
Omit "Sections 39,". Insert instead "Sections". 22
[3] Section 28A Orders 23
Insert after section 28A (1): 24
(1A) An order under this section must be published in the Gazette. 25
[4] Section 28A (4) 26
Omit "section 31". Insert instead "section 30". 27
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[5] Section 28A (4) 1
Omit "· section 39 (the making of statutory rules)". 2
4.52 Poisons and Therapeutic Goods Act 1966 No 31 3
[1] Section 8 Poisons List 4
Insert "and published in the Gazette" after "Minister" in section 8 (6). 5
[2] Section 37 Prohibition on supply etc of any poison, restricted substance 6
or drug of addiction 7
Insert "published in the Gazette" after "by order" in section 37 (1). 8
[3] Section 46 9
Omit the section. Insert instead: 10
46 Tabling and disallowance of proclamations and orders 11
Sections 40 and 41 of the Interpretation Act 1987 apply to: 12
(a) a proclamation made under section 8, and 13
(b) an order made under section 37, 14
in the same way as they apply to a statutory rule. 15
4.53 Professional Standards Act 1994 No 81 16
Section 13 Gazettal, tabling and disallowance of schemes 17
Omit section 13 (2). Insert instead: 18
(2) Sections 40 and 41 of the Interpretation Act 1987 apply to a 19
scheme published in the Gazette under this section in the same 20
way as they apply to a statutory rule. 21
4.54 Public Authorities Superannuation Act 1985 No 41 22
Section 52 Employers and employees 23
Omit "in the Gazette" from section 52 (1). 24
Insert instead "on the NSW legislation website". 25
4.55 Public Finance and Audit Act 1983 No 152 26
Sections 40 (1) and 45B (1) 27
Omit "in the Gazette", wherever occurring. 28
Insert instead "on the NSW legislation website". 29
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4.56 Public Notaries Act 1997 No 98 1
Section 9A 2
Omit the section. Insert instead: 3
9A Provisions applying to admission rules 4
(1) A rule made under section 9 must be published in the Gazette. 5
(2) Sections 40 (Notice of statutory rules to be tabled) and 41 6
(Disallowance of statutory rules) of the Interpretation Act 1987 7
apply to a rule made under section 9 in the same way as they 8
apply to a statutory rule. 9
4.57 Public Sector Employment and Management Act 2002 No 43 10
[1] Section 66 Amendment or substitution of Schedule 2 11
Insert ", by order published on the NSW legislation website," after "the 12
Governor may" in section 66 (1) and (2), wherever occurring. 13
[2] Schedule 4 Savings, transitional and other provisions 14
Insert "published on the NSW legislation website" after "proclamation" in 15
clause 16 (2). 16
4.58 Redfern-Waterloo Authority Act 2004 No 107 17
Section 27 Redfern-Waterloo Plan 18
Omit "in the Gazette" from section 27 (7) (b). 19
Insert instead "on the NSW legislation website". 20
4.59 Roman Catholic Church Communities' Lands Act 1942 No 23 21
[1] Sections 2 (2) and 26 22
Omit "in the Gazette", wherever occurring. 23
Insert instead "on the NSW legislation website". 24
[2] Section 8 Vesting of Communities' land 25
Omit "gazettal" from section 8 (5), wherever occurring. 26
Insert instead "publication". 27
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4.60 Royal Blind Society (Merger) Act 2005 No 87 1
Section 5 Repeal 2
Omit "in the Gazette" from section 5 (1). 3
Insert instead "on the NSW legislation website". 4
4.61 Royal Botanic Gardens and Domain Trust Act 1980 No 19 5
Section 19 Vesting of certain land in Trust 6
Omit "in the Gazette" from section 19 (1B). 7
Insert instead "on the NSW legislation website". 8
4.62 Rural Fires Act 1997 No 65 9
Section 112 Advance payment by insurance companies 10
Omit "in the Gazette" from section 112 (5). 11
Insert instead "on the NSW legislation website". 12
4.63 Sporting Venues Authorities Act 2008 No 65 13
[1] Sections 16, 17 (1) and (2) and 24 (1) 14
Omit "in the Gazette", wherever occurring. 15
Insert instead "on the NSW legislation website". 16
[2] Section 22 Definitions 17
Omit "in the Gazette" from paragraph (a) of the definition of transfer date. 18
Insert instead "on the NSW legislation website". 19
4.64 State Authorities Non-contributory Superannuation Act 20
1987 No 212 21
Section 27 Employers and employees 22
Omit "in the Gazette" from section 27 (1). 23
Insert instead "on the NSW legislation website". 24
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4.65 State Authorities Superannuation Act 1987 No 211 1
Sections 46AA (1) and 46 (1) and (1A) 2
Omit "in the Gazette, wherever occurring. 3
Insert instead "on the NSW legislation website". 4
4.66 State Emergency Service Act 1989 No 164 5
Section 24M Advance payment by insurance companies 6
Omit "in the Gazette" from section 24M (5). 7
Insert instead "on the NSW legislation website". 8
4.67 State Property Authority Act 2006 No 40 9
[1] Section 17 Definitions 10
Omit "in the Gazette" from paragraph (a) of the definition of transfer date. 11
Insert instead "on the NSW legislation website". 12
[2] Section 19 Transfer of additional property to Authority--amendment of 13
Schedule 1 14
Omit "in the Gazette" from section 19 (1). 15
Insert instead "on the NSW legislation website". 16
4.68 State Public Service Superannuation Act 1985 No 45 17
Section 51 Employers and employees 18
Omit "in the Gazette" from section 51 (1). 19
Insert instead "on the NSW legislation website". 20
4.69 Stock Diseases Act 1923 No 34 21
[1] Section 17A Orders to prevent spread of disease in artificial breeding 22
material 23
Insert "published in the Gazette" after "by order" in section 17A (1). 24
[2] Section 17A (6) 25
Omit "Sections 39,". Insert instead "Sections". 26
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4.70 Superannuation Act 1916 No 28 1
Sections 20E (3), 62 (1) and 92 (1) and (1A) 2
Omit "in the Gazette", wherever occurring. 3
Insert instead "on the NSW legislation website". 4
4.71 Supreme Court Act 1970 No 52 5
[1] Section 24 Court to have powers of Judges etc 6
Insert "published in the Gazette" after "direct by proclamation" in section 7
24 (7). 8
[2] Section 24 (8) 9
Omit "Sections 39,". Insert instead "Sections". 10
[3] Section 124 Rule-making power 11
Omit "is taken to be a statutory rule for the purposes of Part 6 of the 12
Interpretation Act 1987. This subsection does not apply to a practice note 13
issued before the commencement of this subsection, but extends to a practice 14
note so issued if it commences on or after 19 November 1993 (whether or not 15
published in the Gazette)" from section 124 (11). 16
Insert instead "must be published in the Gazette". 17
[4] Section 124 (12) 18
Insert after section 124 (11): 19
(12) Sections 40 and 41 of the Interpretation Act 1987 apply to a 20
practice note in the same way as they apply to a statutory rule. 21
4.72 Sydney Hospital (Trust Property) Act 1984 No 133 22
Section 7 Transfer of property and amendment of Schedules 1 and 2 by 23
proclamation 24
Omit "in the Gazette" from section 7 (1). 25
Insert instead "on the NSW legislation website". 26
4.73 Sydney Water Act 1994 No 88 27
Section 67 Exemptions from service charges 28
Omit "in the Gazette" from section 67 (2). 29
Insert instead "on the NSW legislation website". 30
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4.74 Sydney Water Catchment Management Act 1998 No 171 1
Section 20 Area of operations 2
Omit "Sections 39," from section 20 (3). Insert instead "Sections". 3
4.75 Taxation Administration Act 1996 No 97 4
Section 80A Investigations for the purposes of recognised revenue laws 5
Insert "published on the NSW legislation website" after "proclamation" in 6
section 80A (6). 7
4.76 Technical Education Trust Funds Act 1967 No 95 8
Section 4 Order specifying trust fund to be a Fund 9
Omit "in the Gazette". Insert instead "on the NSW legislation website". 10
4.77 Transport Employees Retirement Benefits Act 1967 No 96 11
Section 59 Extension of application of Act 12
Omit "in the Gazette" from section 59 (2). 13
Insert instead "on the NSW legislation website". 14
4.78 Trustee Companies Act 1964 No 6 15
Section 36AA Extension of section 36A to other trustee companies 16
Insert "published on the NSW legislation website" after "proclamation" in 17
section 36AA (1). 18
4.79 Water Act 1912 No 44 19
Section 187 Definitions 20
Insert "published on the NSW legislation website" after "proclamation" in 21
section 187 (2). 22
4.80 Water Industry Competition Act 2006 No 104 23
Section 22 Part apples only to scheduled areas 24
Omit "in the Gazette" from section 22 (2). 25
Insert instead "on the NSW legislation website". 26
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Statute Law (Miscellaneous Provisions) Bill 2009
On-line notification of the making of statutory instruments Schedule 4
4.81 Water Management Act 2000 No 92 1
[1] Sections 121 (2) and (3) and 281 (2) 2
Insert "published on the NSW legislation website" after "proclamation", 3
wherever occurring. 4
[2] Sections 286 (1) and 287 (1) 5
Omit "in the Gazette", wherever occurring. 6
Insert instead "on the NSW legislation website". 7
4.82 Western Sydney Parklands Act 2006 No 92 8
[1] Section 33 Definitions 9
Omit "in the Gazette" from paragraph (b) of the definition of transfer date. 10
Insert instead "on the NSW legislation website". 11
[2] Section 35 Transfer of additional land to Trust--amendment of 12
Schedule 3 13
Omit "in the Gazette" from section 35 (1). 14
Insert instead "on the NSW legislation website". 15
4.83 Wollongong Sportsground Act 1986 No 174 16
Section 8 Vesting and dedication of Brandon Park 17
Omit "in the Gazette" from section 8 (2). 18
Insert instead "on the NSW legislation website". 19
4.84 Workmen's Compensation (Lead Poisoning--Broken Hill) 20
Act 1922 No 31 21
Section 16 Repeal of Act 22
Omit "in the Gazette". Insert instead "on the NSW legislation website". 23
Page 83
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 5 Repeals
Schedule 5 Repeals 1
1 Acts and instrument that are redundant 2
The following Acts and instrument are repealed: 3
Australian William E. Simon University Act 1988 No 89 4
Cinematograph Films (Further Suspension) Act 1985 No 31 5
Farm Produce Act 1983 No 30 6
Farm Produce (Repeal) Act 1996 No 134 7
Justice Legislation Amendment (Non-association and Place 8
Restriction) Act 2001 No 100 9
Land Agents Act 1927 No 3 10
Local Government (Savings and Transitional) Regulation 1993 11
Poultry Meat Industry Amendment (Prevention of National Competition 12
Policy Penalties) Act 2005 No 48 13
Statute Law (Miscellaneous Provisions) Act 2008 No 62 14
2 Redundant provisions of Acts 15
The following provisions of the following Acts are repealed: 16
Act Provisions repealed
Centennial Park and Moore Park Section 28
Trust Act 1983 No 145
Graffiti Control Act 2008 No 100 Section 22 and Schedule 2
Insurance Act 1902 No 49 Parts 2 and 3
Public Sector Employment and Clause 17 (2) of Schedule 4
Management Act 2002 No 43
Rice Marketing Act 1983 No 176 Section 161 and Schedule 1
Wagga Wagga Racecourse Act 1993 Section 8
No 109
3 Provisions of Acts that contain only amendments that have commenced 17
The following provisions of the following Acts are repealed: 18
Act Provisions repealed
Adoption Amendment Act 2008 Schedule 1 [1]-[21] and [32]-[34]
No 103
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Statute Law (Miscellaneous Provisions) Bill 2009
Repeals Schedule 5
Act Provisions repealed
Contaminated Land Management Schedule 1 [5], [10], [13], [27],
Amendment Act 2008 No 111 [29]-[31], [34], [36], [37], [40], [42],
[44], [45], [48]-[55] and [57]-[61]
Courts and Crimes Legislation Schedules 1-3, 5, 6, 7 [1]-[10] and
Further Amendment Act 2008 No 107 [12], 8-15, 18-23 and 25-29
Crimes (Administration of Sentences) Schedules 1 [1]-[27] and [32]-[39]
Amendment Act 2008 No 108 and 2
Dangerous Goods (Road and Rail Sections 73 and 74 and Schedule 2
Transport) Act 2008 No 95
Fines Further Amendment Act 2008 Schedules 1 [2], [9], [20], [24]-[28]
No 110 and [34]-[36], 2.1, 2.2 [1]-[3] and
[5]-[8], 2.3 and 2.4
Fisheries Management and Planning Section 4 and Schedules 1 [1]-[3]
Legislation Amendment (Shark and [5] and 2
Meshing) Act 2008 No 86
Hemp Industry Act 2008 No 58 Section 49 and Schedule 2
Rail Safety Act 2008 No 97 Section 178 and Schedule 4
Rural Lands Protection Amendment Schedules 1-3, 4 [3], 5, 6.1 [2], [3]
Act 2008 No 112 and [6], 6.2-6.18, 6.19 [3] and
6.20-6.34
Security Industry Amendment Act Schedules 1 [4] and [11] and 2.2 [1]
2008 No 113 and [3]
Tow Truck Industry Amendment Act Schedule 1 [1]-[6], [9], [12], [13]
2008 No 83 and [16]-[20]
Vexatious Proceedings Act 2008 Section 21 and Schedule 2
No 80
Water (Commonwealth Powers) Act Section 9 and Schedule 2
2008 No 69
Water Management Amendment Act Section 4 and Schedules 1-3 and 5-7
2008 No 73
4 Repeal of amending SEPPs that have commenced 1
(1) Each amending SEPP that was made before the commencement of this 2
clause and that has fully commenced is repealed. 3
(2) The repeal by this clause of an amending SEPP does not, because of the 4
operation of section 30 of the Interpretation Act 1987, affect any 5
amendment or repeal made by the amending SEPP or the operation of 6
any savings or transitional provision in the amending SEPP. 7
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Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 5 Repeals
(3) In this clause: 1
amending SEPP means a State environmental planning policy (or 2
deemed State environmental planning policy) that directly amends or 3
repeals other environmental planning instruments and that contains no 4
other provisions apart from ancillary provisions. 5
ancillary provision of an amending SEPP means any of the following: 6
(a) a provision that specifies the name or citation of the amending 7
SEPP, 8
(b) a provision that provides for the commencement of the amending 9
SEPP, 10
(c) a provision that specifies the aims, objectives, objects, policies or 11
strategies of the amending SEPP, 12
(d) a provision that specifies the land to which the amending SEPP 13
applies, 14
(e) a provision that provides for the relationship between the 15
amending SEPP and other environmental planning instruments, 16
(f) a provision that declares that notes in the amending SEPP do not 17
form part of the amending SEPP, 18
(g) a provision that defines a word or expression used in the 19
amending SEPP, 20
(h) a savings or transitional provision consequent on the making of 21
the amending SEPP, 22
(i) a provision that amends or replaces maps adopted by another 23
environmental planning instrument, 24
(j) a provision that gives effect to or describes a schedule to the 25
amending SEPP. 26
Explanatory note 27
Clause 1 repeals Acts and an instrument that are redundant. 28
Clause 2 repeals redundant provisions of Acts. 29
Clause 3 repeals provisions of Acts that contain only amendments to other Acts or 30
instruments. All of the amendments have commenced. 31
Clause 4 repeals State environmental planning policies that contain only amendments 32
and ancillary provisions. 33
In relation to the repeal of amending provisions, it should be noted that the provisions 34
are repealed simply to rationalise the legislation in force and that the repeals have no 35
substantive effect on the amendments made by the provisions, or any associated 36
provisions. The Acts and instruments that were amended by the provisions being 37
repealed are up-to-date on the NSW legislation website maintained by the 38
Parliamentary Counsel's Office (www.legislation.nsw.gov.au). 39
Section 30 (2) of the Interpretation Act 1987 ensures that the following matters are not 40
affected when an Act or statutory rule is amended or repealed: 41
(a) the proof of any past act or thing, 42
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Statute Law (Miscellaneous Provisions) Bill 2009
Repeals Schedule 5
(b) any right, privilege, obligation or liability saved by the operation of the Act or 1
statutory rule, 2
(c) any amendment or validation made by the Act or statutory rule, 3
(d) the operation of any savings or transitional provision contained in the Act or 4
statutory rule. 5
Section 5 (6) of the Interpretation Act 1987 provides that the provisions of section 30 6
that apply to a statutory rule also apply to an environmental planning instrument. 7
Page 87
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 6 General savings, transitional and other provisions
Schedule 6 General savings, transitional and other 1
provisions 2
1 Effect of amendment of amending provisions 3
(1) An amendment made by Schedule 1 or 2 to an amending provision 4
contained in an Act is, if the amending provision has commenced before 5
the Schedule 1 or 2 amendment concerned, taken to have effect as from 6
the commencement of the amending provision (whether or not the 7
amending provision has been repealed). 8
(2) In this clause: 9
amending provision means a provision of an Act that makes a direct 10
amendment to an Act by: 11
(a) the repeal or omission of matter contained in the amended Act 12
without the insertion of any matter instead of the repealed or 13
omitted matter, or 14
(b) the omission of matter contained in the amended Act and the 15
insertion of matter instead of the omitted matter, or 16
(c) the insertion into the amended Act of matter, not being matter 17
inserted instead of matter omitted from the Act. 18
Explanatory note 19
This clause ensures that certain amendments, including amendments correcting errors 20
in technical provisions (for example, headings indicating the section to be amended or 21
directions as to where a new section is to be inserted) and rectifying minor drafting 22
errors (for example, corrections in numbering of provisions, correction or insertion of 23
cross-references, omission of unnecessary matter or insertion of omitted matter), will 24
be taken to have commenced on the date the amendments to which they relate 25
commenced. 26
2 Effect of amendment or repeal on acts done or decisions made 27
Except where it is expressly provided to the contrary, if this Act: 28
(a) amends a provision of an Act or an instrument, or 29
(b) repeals and re-enacts (with or without modification) a provision 30
of an Act or an instrument, 31
any act done or decision made under the provision amended or repealed 32
has effect after the amendment or repeal as if it had been done or made 33
under the provision as so amended or repealed. 34
Explanatory note 35
This clause ensures that the amendment or repeal of a provision will not, unless 36
expressly provided, vitiate any act done or decision made under the provision as in 37
force before the amendment or repeal. 38
Page 88
Statute Law (Miscellaneous Provisions) Bill 2009
General savings, transitional and other provisions Schedule 6
3 Effect of amendment on instruments 1
Except where expressly provided to the contrary, any instrument made 2
under an Act amended by this Act, that is in force immediately before 3
the commencement of the amendment, is taken to have been made 4
under the Act as amended. 5
Explanatory note 6
This clause ensures that, unless expressly provided, any instrument that is in force and 7
made under a provision of an Act that is amended or substituted by the proposed Act 8
will be taken to have been made under the Act as amended. 9
4 Revocation of repeal 10
(1) The Governor may by proclamation published on the NSW legislation 11
website revoke the repeal of any Act or instrument effected by the 12
following: 13
this Act 14
Statute Law (Miscellaneous Provisions) Act (No 2) 2007 15
Statute Law (Miscellaneous Provisions) Act 2008 16
(2) Any Act or instrument the subject of a proclamation under subclause (1) 17
is taken not to be, and never to have been, repealed by any such Act. 18
(3) Subclause (2) does not operate in respect of any Act or instrument so as: 19
(a) to affect in a manner prejudicial to any person (other than the 20
State or an authority of the State) the rights of that person existing 21
before the date of publication on the NSW legislation website of 22
the proclamation under subclause (1) in respect of that Act or 23
instrument, or 24
(b) to impose liabilities on any person (other than the State or an 25
authority of the State) in respect of anything done or omitted to 26
be done before the date of publication of that proclamation. 27
(4) A reference in this clause to an Act or instrument includes a reference 28
to a provision of any Act or instrument. 29
Explanatory note 30
This clause enables the Governor, by proclamation, to revoke the repeal of any Act or 31
instrument or the provision of any Act or instrument repealed by this Act or any of the 32
other statute law revision Acts listed. The Act or instrument or provision of an Act or 33
instrument the subject of the revocation of repeal is taken not to be, and never to have 34
been, repealed. 35
5 Regulations 36
(1) The Governor may make regulations containing provisions of a savings 37
or transitional nature consequent on the enactment of this Act. 38
Page 89
Statute Law (Miscellaneous Provisions) Bill 2009
Schedule 6 General savings, transitional and other provisions
(2) Any such provision may, if the regulations so provide, take effect from 1
the date of assent to this Act or a later date. 2
(3) To the extent to which any such provision takes effect from a date that 3
is earlier than the date of its publication on the NSW legislation website, 4
the provision does not operate so as: 5
(a) to affect, in a manner prejudicial to any person (other than the 6
State or an authority of the State), the rights of that person 7
existing before the date of its publication, or 8
(b) to impose liabilities on any person (other than the State or an 9
authority of the State) in respect of anything done or omitted to 10
be done before the date of its publication. 11
Explanatory note 12
This clause enables the making of regulations of a savings or transitional nature having 13
a short term effect and relating to incidental matters arising out of the proposed Act with 14
regard to which no specific, or sufficient, provision has been made in the proposed Act. 15
Page 90
Statute Law (Miscellaneous Provisions) Bill 2009
Notes
Notes 1
Index of Acts and Instruments amended by Schedules 1-4 2
Aboriginal Land Rights Act 1983 No 42--Schedule 4 3
Administrative Decisions Tribunal Act 1997 No 76--Schedule 4 4
Adoption Act 2000 No 75--Schedule 1 5
Adoption Amendment Act 2008 No 103--Schedule 1 6
AGL Corporate Conversion Act 2002 No 16--Schedule 4 7
Annual Reports (Departments) Regulation 2005--Schedule 1 8
Annual Reports (Statutory Bodies) Regulation 2005--Schedule 1 9
Apiaries Act 1985 No 16--Schedule 4 10
Australian Museum Trust Act 1975 No 95--Schedule 1 11
Baulkham Hills Local Environmental Plan 2005--Schedule 2 12
Bible Society NSW (Corporate Conversion) Act 2008 No 91--Schedule 4 13
Botany Cemetery and Crematorium Act 1972 No 6--Schedule 4 14
Brigalow and Nandewar Community Conservation Area Act 2005 No 56-- 15
Schedule 4 16
Camden Local Environmental Plan No 47--Schedule 2 17
Camden Local Environmental Plan No 74--Harrington Park--Schedule 2 18
Catchment Management Authorities Act 2003 No 104--Schedule 4 19
Central Coast Water Corporation Act 2006 No 105--Schedule 4 20
Child Protection (Offenders Registration) Act 2000 No 42--Schedule 2 21
Chipping Norton Lake Authority Act 1977 No 38--Schedule 4 22
Civil Procedure Act 2005 No 28--Schedule 4 23
Coastal Protection Act 1979 No 13--Schedule 1 24
Coffs Harbour City Local Environmental Plan 2000--Schedule 2 25
Community Land Management Act 1989 No 202--Schedule 1 26
Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2-- 27
Schedule 1 28
Constitution Amendment (Governor's Salary) Act 2003 No 66--Schedule 2 29
Consumer Credit Administration Act 1995 No 69--Schedule 3 30
Conveyancing Act 1919 No 6--Schedule 3 31
Cowra Local Environmental Plan 1990--Schedule 2 32
Crimes (Administration of Sentences) Act 1999 No 93--Schedule 2 33
Crimes (Administration of Sentences) Regulation 2008--Schedule 2 34
Crimes (Criminal Organisations Control) Act 2009 No 6--Schedule 2 35
Crimes (Domestic and Personal Violence) Act 2007 No 80--Schedule 1 36
Page 91
Statute Law (Miscellaneous Provisions) Bill 2009
Notes
Criminal Procedure Act 1986 No 209--Schedules 2 and 3 1
Dams Safety Act 1978 No 96--Schedule 4 2
Dangerous Goods (Road and Rail Transport) Act 2008 No 95--Schedule 1 3
Defamation Act 2005 No 77--Schedule 2 4
Discharged Servicemen's Badges Act 1964 No 49--Schedule 4 5
District Court Act 1973 No 9--Schedules 1 and 4 6
Drug and Alcohol Treatment Act 2007 No 7--Schedule 4 7
Dungog Local Environmental Plan 2006--Schedule 2 8
Dust Diseases Tribunal Act 1989 No 63--Schedule 4 9
Duties Act 1997 No 123--Schedule 2 10
Electricity Supply Act 1995 No 94--Schedule 1 11
Environmental Planning and Assessment Act 1979 No 203--Schedules 1, 2 and 4 12
Environmental Planning and Assessment Amendment Act 2008 No 36--Schedule 1 13
Evidence on Commission Act 1995 No 26--Schedule 3 14
Fair Trading Act 1987 No 68--Schedule 4 15
Fire Brigades Act 1989 No 192--Schedules 1 and 4 16
Firearms Act 1996 No 46--Schedule 1 17
First State Superannuation Act 1992 No 100--Schedule 4 18
Fisheries Management Act 1994 No 38--Schedule 4 19
Fisheries Management (General) Regulation 2002--Schedule 2 20
Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006-- 21
Schedule 2 22
Forestry Act 1916 No 55--Schedule 2 23
Forestry and National Park Estate Act 1998 No 163--Schedule 4 24
Gas Supply Act 1996 No 38--Schedule 1 25
Goulburn Mulwaree Local Environmental Plan 2009--Schedule 2 26
Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 1)-- 27
Schedule 2 28
Government and Related Employees Appeal Tribunal Act 1980 No 39--Schedule 4 29
Great Lakes Local Environmental Plan 1996--Schedule 2 30
Growth Centres (Development Corporations) Act 1974 No 49--Schedule 4 31
Guardianship Act 1987 No 257--Schedule 4 32
Hawkesbury Local Environmental Plan 1989--Schedule 2 33
Hawkesbury Racecourse Act 1996 No 74--Schedule 4 34
Health Services Act 1997 No 154--Schedule 4 35
Higher Education Act 2001 No 102--Schedules 2 and 4 36
Holiday Parks (Long-term Casual Occupation) Act 2002 No 88--Schedule 1 37
Page 92
Statute Law (Miscellaneous Provisions) Bill 2009
Notes
Holiday Parks (Long-term Casual Occupation) Regulation 2003--Schedule 1 1
Home Building Act 1989 No 147--Schedule 2 2
Imperial Acts Application Act 1969 No 30--Schedule 4 3
Innovation Council Act 1996 No 77--Schedule 1 4
Interpretation Act 1987 No 15--Schedules 2 and 4 5
Kempsey Local Environmental Plan 1987--Schedule 2 6
ake Illawarra Authority Act 1987 No 285--Schedule 4 7
ake Macquarie Local Environmental Plan 2004--Schedule 2 8
and Acquisition (Just Terms Compensation) Act 1991 No 22--Schedule 1 9
and and Environment Court Act 1979 No 204--Schedule 4 10
aw Enforcement (Controlled Operations) Act 1997 No 136--Schedule 1 11
aw Enforcement (Powers and Responsibilities) Act 2002 No 103--Schedules 2 12
and 3 13
eeton Local Environmental Plan No 4--Schedule 2 14
egal Profession Act 2004 No 112--Schedules 2 and 4 15
egal Profession Regulation 2005--Schedule 2 16
eichhardt Local Environmental Plan 2000--Schedule 2 17
ibrary Act 1939 No 40--Schedule 1 18
oan Fund Companies Act 1976 No 94--Schedule 3 19
ocal Court Act 2007 No 93--Schedule 4 20
ocal Courts Act 1982 No 164--Schedules 1 and 4 21
ocal Government Associations Incorporation Act 1974 No 20--Schedule 4 22
ord Howe Island Act 1953 No 39--Schedule 4 23
Marine Safety (General) Regulation 2009--Schedule 2 24
Medical Practice Act 1992 No 94--Schedule 4 25
Mental Health Act 2007 No 8--Schedule 1 26
Mental Health (Forensic Provisions) Act 1990 No 10--Schedules 1 and 2 27
Mental Health Regulation 2007--Schedule 2 28
Mining Amendment Act 2008 No 19--Schedule 1 29
Miscellaneous Acts (Local Court) Amendment Act 2007 No 94--Schedule 2 30
Motor Dealers Regulation 2004--Schedule 2 31
Museum of Applied Arts and Sciences Act 1945 No 31--Schedule 1 32
Muswellbrook Local Environmental Plan 2009--Schedule 2 33
Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009 No 1-- 34
Schedule 4 35
National Park Estate (Lower Hunter Region Reservations) Act 2006 No 90-- 36
Schedule 4 37
Page 93
Statute Law (Miscellaneous Provisions) Bill 2009
Notes
National Park Estate (Reservations) Act 2002 No 137--Schedule 4 1
National Park Estate (Reservations) Act 2003 No 24--Schedule 4 2
National Park Estate (Reservations) Act 2005 No 84--Schedule 4 3
National Park Estate (Southern Region Reservations) Act 2000 No 103--Schedule 4 4
National Parks and Wildlife Act 1974 No 80--Schedules 2 and 4 5
National Rail Corporation (Agreement) Act 1991 No 82--Schedule 4 6
New South Wales Retirement Benefits Act 1972 No 70--Schedule 4 7
Occupational Health and Safety Act 2000 No 40--Schedule 3 8
Ombudsman Act 1974 No 68--Schedule 4 9
Parliamentary Electorates and Elections Amendment Act 2006 No 68--Schedule 2 10
Parliamentary Evidence Act 1901 No 43--Schedule 2 11
Parramatta Park Trust Act 2001 No 17--Schedule 4 12
Passenger Transport Act 1990 No 39--Schedule 4 13
Pesticides Act 1999 No 80--Schedule 1 14
Plant Diseases Act 1924 No 38--Schedules 2 and 4 15
Poisons and Therapeutic Goods Act 1966 No 31--Schedule 4 16
Police Act 1990 No 47--Schedule 1 17
Port Macquarie-Hastings (Area 13 Thrumster) Local Environmental Plan 2008-- 18
Schedule 2 19
Poultry Meat Industry Act 1986 No 101--Schedule 2 20
Poultry Meat Industry Regulation 2008--Schedule 2 21
Powers of Attorney Act 2003 No 53--Schedule 2 22
Privacy and Personal Information Protection Act 1998 No 133--Schedule 1 23
Probate and Administration Act 1898 No 13--Schedule 2 24
Professional Standards Act 1994 No 81--Schedule 4 25
Protection of the Environment Operations Act 1997 No 156--Schedule 1 26
Public Authorities Superannuation Act 1985 No 41--Schedule 4 27
Public Finance and Audit Act 1983 No 152--Schedule 4 28
Public Notaries Act 1997 No 98--Schedule 4 29
Public Sector Employment and Management Act 2002 No 43--Schedules 2 and 4 30
Rail Safety Act 2008 No 97--Schedule 2 31
Real Property Act 1900 No 25--Schedule 1 32
Redfern-Waterloo Authority Act 2004 No 107--Schedule 4 33
Registered Clubs Act 1976 No 31--Schedules 1 and 2 34
Residential Parks Act 1998 No 142--Schedule 1 35
Residential Tenancies Act 1987 No 26--Schedule 1 36
Page 94
Statute Law (Miscellaneous Provisions) Bill 2009
Notes
Rice Marketing Act 1983 No 176--Schedule 2 1
Road Transport (Driver Licensing) Act 1998 No 99--Schedule 2 2
Road Transport (Driver Licensing) Regulation 2008--Schedule 2 3
Road Transport (General) Regulation 2005--Schedule 2 4
Road Transport (Safety and Traffic Management) Act 1999 No 20--Schedule 2 5
Roads Regulation 2008--Schedule 2 6
Roman Catholic Church Communities' Lands Act 1942 No 23--Schedule 4 7
Royal Blind Society (Merger) Act 2005 No 87--Schedule 4 8
Royal Botanic Gardens and Domain Trust Act 1980 No 19--Schedule 4 9
Rural Fires Act 1997 No 65--Schedule 4 10
Security Industry Regulation 2007--Schedule 2 11
Shellharbour Rural Local Environmental Plan 2004--Schedule 2 12
Sporting Venues Authorities Act 2008 No 65--Schedule 4 13
Sporting Venues (Pitch Invasions) Regulation 2006--Schedule 2 14
Standard Instrument (Local Environmental Plans) Order 2006--Schedule 2 15
State Authorities Non-contributory Superannuation Act 1987 No 212--Schedule 4 16
State Authorities Superannuation Act 1987 No 211--Schedule 4 17
State Emergency Service Act 1989 No 164--Schedule 4 18
State Environmental Planning Policy No 4--Development Without Consent and 19
Miscellaneous Exempt and Complying Development--Schedule 2 20
State Environmental Planning Policy (Exempt and Complying Development Codes) 21
2008--Schedule 2 22
State Environmental Planning Policy (Major Projects) 2005--Schedule 2 23
State Environmental Planning Policy (Western Sydney Parklands) 2009-- 24
Schedule 2 25
State Property Authority Act 2006 No 40--Schedules 1 and 4 26
State Public Service Superannuation Act 1985 No 45--Schedule 4 27
Stock Diseases Act 1923 No 34--Schedule 4 28
Strata Schemes (Freehold Development) Act 1973 No 68--Schedule 2 29
Strata Schemes (Leasehold Development) Act 1986 No 219--Schedule 2 30
Strata Schemes (Leasehold Development) Regulation 2007--Schedule 2 31
Strata Schemes Management Act 1996 No 138--Schedule 1 32
Subordinate Legislation Act 1989 No 146--Schedules 1 and 2 33
Superannuation Act 1916 No 28--Schedule 4 34
Supreme Court Act 1970 No 52--Schedules 1 and 4 35
Supreme Court Rules 1970--Schedule 2 36
Sutherland Shire Local Environmental Plan 2006--Schedule 2 37
Page 95
Statute Law (Miscellaneous Provisions) Bill 2009
Notes
Sydney Hospital (Trust Property) Act 1984 No 133--Schedule 4 1
Sydney Opera House Trust Act 1961 No 9--Schedule 1 2
Sydney Regional Environmental Plan No 19--Rouse Hill Development Area-- 3
Schedule 2 4
Sydney Regional Environmental Plan No 24--Homebush Bay Area--Schedule 2 5
Sydney Water Act 1994 No 88--Schedule 4 6
Sydney Water Catchment Management Act 1998 No 171--Schedule 4 7
Taxation Administration Act 1996 No 97--Schedule 4 8
Technical Education Trust Funds Act 1967 No 95--Schedule 4 9
Threatened Species Conservation Act 1995 No 101--Schedule 1 10
Trade Measurement Regulation 2007--Schedule 2 11
Transport Employees Retirement Benefits Act 1967 No 96--Schedule 4 12
Trustee Companies Act 1964 No 6--Schedule 4 13
Warringah Local Environmental Plan 2000--Schedule 2 14
Water Act 1912 No 44--Schedules 1 and 4 15
Water Industry Competition Act 2006 No 104--Schedule 4 16
Water Management Act 2000 No 92--Schedules 1 and 4 17
Water Sharing Plan for the Bellinger River Area Unregulated and Alluvial Water 18
Sources 2008--Schedule 2 19
Water Sharing Plan for the Coopers Creek Water Source 2003--Schedule 2 20
Western Sydney Parklands Act 2006 No 92--Schedule 4 21
Wilderness Act 1987 No 196--Schedule 2 22
Wollongong Sportsground Act 1986 No 174--Schedule 4 23
Workmen's Compensation (Lead Poisoning--Broken Hill) Act 1922 No 31-- 24
Schedule 4 25
Wyong Local Environmental Plan 1991--Schedule 2 26
Index of Acts and Instruments wholly repealed by Schedule 5 27
Australian William E. Simon University Act 1988 No 89 28
Cinematograph Films (Further Suspension) Act 1985 No 31 29
Farm Produce Act 1983 No 30 30
Farm Produce (Repeal) Act 1996 No 134 31
Justice Legislation Amendment (Non-association and Place Restriction) Act 2001 32
No 100 33
and Agents Act 1927 No 3 34
ocal Government (Savings and Transitional) Regulation 1993 35
Page 96
Statute Law (Miscellaneous Provisions) Bill 2009
Notes
Poultry Meat Industry Amendment (Prevention of National Competition Policy 1
Penalties) Act 2005 No 48 2
Statute Law (Miscellaneous Provisions) Act 2008 No 62 3
Index of Acts partly repealed by Schedule 5 4
Adoption Amendment Act 2008 No 103 5
Centennial Park and Moore Park Trust Act 1983 No 145 6
Contaminated Land Management Amendment Act 2008 No 111 7
Courts and Crimes Legislation Further Amendment Act 2008 No 107 8
Crimes (Administration of Sentences) Amendment Act 2008 No 108 9
Dangerous Goods (Road and Rail Transport) Act 2008 No 95 10
Fines Further Amendment Act 2008 No 110 11
Fisheries Management and Planning Legislation Amendment (Shark Meshing) Act 12
2008 No 86 13
Graffiti Control Act 2008 No 100 14
Hemp Industry Act 2008 No 58 15
Insurance Act 1902 No 49 16
Public Sector Employment and Management Act 2002 No 43 17
Rail Safety Act 2008 No 97 18
Rice Marketing Act 1983 No 176 19
Rural Lands Protection Amendment Act 2008 No 112 20
Security Industry Amendment Act 2008 No 113 21
Tow Truck Industry Amendment Act 2008 No 83 22
Vexatious Proceedings Act 2008 No 80 23
Wagga Wagga Racecourse Act 1993 No 109 24
Water (Commonwealth Powers) Act 2008 No 69 25
Water Management Amendment Act 2008 No 73 26
Page 97
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