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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Statute Law (Miscellaneous Provisions) Bill
2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments by way of statute law revision--miscellaneous
amendments 5
Schedule 3 General savings, transitional and other provisions 10
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Statute Law (Miscellaneous Provisions) Bill
2022
Act No , 2022
An Act to amend the Public Works and Procurement Act 1912, the Subordinate Legislation Act
1989, the Western Sydney University Act 1997 and for the purpose of effecting statute law
revision; and to make certain savings.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Statute Law (Miscellaneous Provisions) Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 2022.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Statute Law (Miscellaneous Provisions) Bill 2022 [NSW]
Schedule 1 Minor amendments
Schedule 1 Minor amendments
1.1 Public Works and Procurement Act 1912 No 45
Section 5B
Insert after section 5A--
5B Delegation by Minister or Constructing Authority
(1) The Minister may delegate any of the Minister's functions under this Act,
other than this power of delegation, to--
(a) a government agency, or a government agency employee, or
(b) a person, or a class of persons, authorised for the purposes of this
subsection by the regulations.
(2) The Constructing Authority may delegate any of the Constructing Authority's
functions under this Act, other than this power of delegation, to--
(a) a government agency, or a government agency employee, or
(b) a person, or a class of persons, authorised for the purposes of this
subsection by the regulations.
(3) In this section--
government agency has the same meaning as in Part 11.
government agency employee has the same meaning as in Part 11.
1.2 Subordinate Legislation Act 1989 No 146
[1] Schedule 3 Matters not requiring regulatory impact statements
Omit "Homebush Motor Racing (Sydney 400) Act 2008".
Insert instead "Motor Sports Events Act 2022".
[2] Schedule 5
Omit the Schedule. Insert instead--
Schedule 5 Further postponement of repeal of statutory
rules
section 10A(1)
1 Postponement of repeal of Poisons and Therapeutic Goods Regulation 2008
The Poisons and Therapeutic Goods Regulation 2008 remains in force until 1
September 2024, unless sooner repealed.
2 Postponement of repeal of statutory rules until 1 September 2023
The following statutory rules remain in force until 1 September 2023, unless
sooner repealed--
(a) Heritage Regulation 2012,
(b) Prevention of Cruelty to Animals Regulation 2012,
(c) Public Interest Disclosures Regulation 2011.
Page 3
Statute Law (Miscellaneous Provisions) Bill 2022 [NSW]
Schedule 1 Minor amendments
1.3 Western Sydney University Act 1997 No 116
Schedule 1 Provisions relating to members and procedure of Board
Omit clause 7(2A). Insert instead--
(2A) At a meeting of a committee constituted by the Board, the following
committee member is to preside--
(a) a member of the Board appointed by the Board, or
(b) if no member is appointed or in the absence of the appointed member--
a Board member elected by and from the committee members present.
Page 4
Statute Law (Miscellaneous Provisions) Bill 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
Schedule 2 Amendments by way of statute law revision--
miscellaneous amendments
2.1 Bankstown Local Environmental Plan 2015
Clause 6.15, heading
Omit "ratio--". Insert instead "ratio".
2.2 Camden Local Environmental Plan 2010
[1] Land Use Table
Omit "Correctional centres;;" from Zone RU1 Primary Production, item 4.
Insert instead "Correctional centres;".
[2] Land Use Table, Zone RU2 Rural Landscape, item 4
Omit "Crematoria;;". Insert instead "Crematoria;".
2.3 Casino Control Regulation 2019
Clause 45 Casino precincts--the Act, s 81(4)
Omit "this section" from clause 45(2). Insert instead "this clause".
2.4 Children (Detention Centres) Act 1987 No 57
Section 53 Conditions of parole generally
Omit "Parts" from section 53(5). Insert instead "Part".
2.5 Children (Detention Centres) Regulation 2015
Clause 148A Exchange of information with Commissioner of Fines Administration
Relocate the clause to after clause 148AC in Part 12A.
2.6 Children's Guardian Act 2019 No 25
[1] Section 8G Meaning of "prescribed agency"
Renumber paragraphs (f)-(i) as (e)-(h).
[2] Section 27 Who must give report of reportable allegation or conviction
Omit "employer,," from section 27(3). Insert instead "employer,".
2.7 Crimes (Administration of Sentences) Act 1999 No 93
Section 40 Certain unlawful absences not to affect length of sentence
Omit ",, and" from section 40(1)(c). Insert instead ", and".
2.8 Electricity Supply Act 1995 No 94
Schedule 4A Energy security safeguard schemes
Omit "a a" from clause 144A(2)(b). Insert instead "a".
Page 5
Statute Law (Miscellaneous Provisions) Bill 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.9 Fair Trading Act 1987 No 68
Section 47A Disclosure of prejudicial terms relating to supply of goods or services
Omit "supply or goods" from section 47A(3)(d).
Insert instead "supply of goods or services".
2.10 Gas Supply Act 1996 No 38
[1] Section 50AA Responsibility to pay for removing obstruction of gas works
Renumber section 50AA(3)(b)(a) and (b) as (i) and (ii), respectively.
[2] Section 50AB Responsibility to pay for repairs to gas works
Renumber section 50AB(3)(b)(a) and (b) as (i) and (ii), respectively.
2.11 Greater Sydney Parklands Trust Act 2022 No 9
Schedule 5 Amendment of other legislation
Omit proposed section 18AA from Schedule 5.2[7].
2.12 Home Building Act 1989 No 147
[1] Section 15A Unqualified mechanical services and medical gas work
Omit "work declared to be refrigeration work or air-conditioning work by the regulations
under the Home Building Act 1989" from section 15A(5)(b).
Insert instead "work declared by the regulations to be refrigeration work or air-conditioning
work".
[2] Section 15A(5)(c)
Omit "within the meaning of the Home Building Act 1989".
2.13 Infrastructure NSW Act 2011 No 23
Sections 18(2), 21(2) and 25(2)
Omit "Premier's" wherever occurring. Insert instead "Minister's".
2.14 Independent Commission Against Corruption Regulation 2017
Appendix NSW Ministerial Code of Conduct
Omit "Part 2, Division 7" from the Schedule to the NSW Ministerial Code of Conduct,
clause 16A(2), definition of property developer.
Insert instead "Part 3, Division 7".
2.15 Land Tax Management Act 1956 No 26
Section 10 Land exempted from tax
Omit ", 10G" from section 10(1).
Page 6
Statute Law (Miscellaneous Provisions) Bill 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.16 Liquor Act 2007 No 90
Section 159 Regulations
Renumber section 159(2)(f4) and (f4) as section 159(2)(f4) and (f5), respectively.
2.17 Liquor Regulation 2018
Clause 48D Conditions of pop-up licences
Omit "Authority," from clause 48D(2)(b). Insert instead "Authority, or".
2.18 Liverpool Local Environmental Plan 2008
Schedule 5 Environmental heritage
Insert "Significance" and "Item no" as headings to Part 3, columns 5 and 6, respectively.
2.19 Local Government Act 1993 No 30
Schedule 8 Savings, transitional and other provisions consequent on the enactment
of other Acts
Omit "Modern Slavery Amendment Bill 2021" from the heading to Part 42.
Insert instead "Modern Slavery Amendment Act 2021".
2.20 Local Land Services Regulation 2014
Schedule 1 Elections for members of local boards
Omit "or or" from clause 45. Insert instead "or".
2.21 Moratorium Act 1932 No 57
Section 14 Consent by mortgagor to exercise of rights, powers, and remedies by
mortgagee
Omit "or or" from section 14(4)(a). Insert instead "or".
2.22 National Parks and Wildlife Act 1974 No 80
Schedule 3 Savings, transitional and other provisions
Omit "section 73(7)" from clause 77(2). Insert instead "section 73B(7)".
2.23 North Sydney Local Environmental Plan 2013
[1] Land Use Table
Omit "Take away food and drink premises" from Zone B1 Neighbourhood Centre, item 3.
Insert instead "Take away food and drink premises;".
[2] Schedule 5 Environmental heritage
Omit "Whitely" from Part 1, item I0360. Insert instead "Whiteley".
Page 7
Statute Law (Miscellaneous Provisions) Bill 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.24 Pipelines Act 1967 No 90
Section 5A Minister may require certain pipelines to be licensed
Renumber section 5A(3)(i) and (ii) as (a) and (b), respectively.
2.25 Queanbeyan Local Environmental Plan 1998
Clause 25 Multi dwelling housing--matters for consideration
Omit "and, and" from clause 25(c). Insert instead "and".
2.26 Radiation Control Act 1990 No 13
Section 28J Liability of Authority, State and others
Omit "Authority any members" from section 28J(2).
Insert instead "Authority, any members".
2.27 Residential Apartment Buildings (Compliance and Enforcement
Powers) Act 2020 No 9
Section 51 Compliance cost notices
Omit "lead" from section 51(2)(c). Insert instead "led".
2.28 Shoalhaven Local Environmental Plan 2014
Schedule 5 Environmental heritage
Omit "including and" from Part 1, Item 9. Insert instead "including".
2.29 State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008
[1] Clause 2.30AD, heading
Omit the heading. Insert instead--
2.30AD Development standards
[2] Clause 2.30AD(1)(b)
Insert "and" after "premises,".
[3] Clause 2.30AD(2)
Omit "Liquor Act 2017"from the definition of existing relevant condition, paragraph (c).
Insert instead "Liquor Act 2007".
2.30 State Environmental Planning Policy (Housing) 2021
Section 45 Interpretation
Omit "(1)".
Page 8
Statute Law (Miscellaneous Provisions) Bill 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.31 Water Industry Competition Amendment Act 2021 No 26
[1] Schedule 2 Consequential amendments to other legislation
Omit "Local Government (General) Regulation 2005" from the heading to Schedule
2.10.
Insert instead "Local Government (General) Regulation 2021".
[2] Schedule 2.10
Omit "Clause" and "clause" wherever occurring.
Insert instead "Section" and "section", respectively.
2.32 Water Industry Competition (General) Regulation 2021
[1] Schedule 2 Conditions for retail suppliers' licences
Omit "(1)" from section 9.
[2] Schedule 2, section 14(4)
Omit "section 9(1)(a)(i)". Insert instead "section 9(a)(i)".
2.33 Waverley Local Environmental Plan 2012
Clause 6.13 Development of the War Memorial Hospital Campus at Edina Estate,
Waverley
Omit "NatHERSmeans" from clause 6.13(6), definition of NatHERS.
Insert instead "NatHERS means".
2.34 Workplace Injury Management and Workers Compensation Act 1998
No 86
Section 353 Appeal against decision of Commission constituted by presidential
member
Omit "Presidential member" wherever occurring in section 353(1) and (2).
Insert instead "presidential member".
Page 9
Statute Law (Miscellaneous Provisions) Bill 2022 [NSW]
Schedule 3 General savings, transitional and other provisions
Schedule 3 General savings, transitional and other
provisions
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 to an amending provision contained in an Act or
instrument is, if the amending provision has commenced before the Schedule 1
amendment, taken to have effect as from the commencement of the amending
provision, whether or not the amending provision has been repealed.
(2) In this section--
amending provision means a provision of an Act or instrument that makes a direct
amendment to an Act or instrument by--
(a) the repeal or omission of matter contained in the amended Act or instrument
without the insertion of matter instead of the repealed or omitted matter, or
(b) the omission of matter contained in the amended Act or instrument and the
insertion of matter instead of the omitted matter, or
(c) the insertion into the amended Act or instrument of matter, not being matter
inserted instead of matter omitted from the Act or instrument.
2 Effect of amendment or repeal on acts done or decisions made
Unless expressly provided to the contrary, if this Act--
(a) amends a provision of an Act or an instrument, or
(b) repeals and re-enacts, with or without modification, a provision of an Act or
an instrument,
an act done or decision made under the provision amended or repealed has effect
after the amendment or repeal as if it had been done or made under the provision as
amended or repealed.
3 Effect of amendment on instruments
Unless expressly provided to the contrary, an instrument made under an Act
amended by this Act, that is in force immediately before the commencement of the
amendment, is taken to have been made under the Act as amended.
4 Revocation of repeal
The Interpretation Act 1987, section 29A applies to the repeal of Acts or instruments,
or provisions of Acts or instruments, by this Act.
5 Regulations
(1) The Governor may make regulations containing provisions of a savings or
transitional nature consequent on the enactment of this Act.
(2) The provisions may, if the regulations so provide, take effect from the date of assent
to this Act or a later date.
(3) To the extent to which the provisions take effect from a date that is earlier than the
date of its publication on the NSW legislation website, the provision does not
operate--
(a) to affect, in a way prejudicial to a person, other than the State or an authority
of the State, the rights of the person existing before the date of its publication,
or
Page 10
Statute Law (Miscellaneous Provisions) Bill 2022 [NSW]
Schedule 3 General savings, transitional and other provisions
(b) to impose liabilities on a person, other than the State or an authority of the
State, in respect of anything done or omitted to be done before the date of its
publication.
Page 11
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