New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Better Regulation Legislation Amendment
(Miscellaneous) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments relating to dissolution of Building Insurers'
Guarantee Corporation 8
Schedule 3 Amendments relating to administrative arrangements 11
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2024
New South Wales
Better Regulation Legislation Amendment
(Miscellaneous) Bill 2024
Act No , 2024
An Act to amend various Acts and regulations administered by the Minister for Customer Service
and Digital Government, the Minister for Better Regulation and Fair Trading and the Minister for
Building.
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Better Regulation Legislation Amendment (Miscellaneous) Act 2024.
2 Commencement
This Act commences as follows--
(a) for Schedule 1.14[2]--on a day or days to be appointed by proclamation,
(b) otherwise--on the date of assent to this Act.
Page 2
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 1 Minor amendments
Schedule 1 Minor amendments
1.1 Associations Incorporation Act 2009 No 7
Section 77 Distribution of assets
Omit section 77(4). Insert instead--
(4) A person aggrieved by the operation of this section in relation to an
association's property may apply to the Supreme Court for an order about the
disposal of the property.
(5) The Supreme Court may deal with an application by making the orders the
Court thinks fit in relation to the disposal of the association's property.
1.2 Building and Construction Industry Security of Payment Act 1999 No
46
Section 8 Right to progress payments
Insert at the end of the section--
(2) A person is not entitled to a progress payment under subsection (1) if the
construction contract--
(a) does not comply with the Home Building Act 1989, section 4, or
(b) involves construction work that is residential building work done in
contravention of the Home Building Act 1989, section 92.
1.3 Charitable Fundraising Act 1991 No 69
Section 13A Application to authorities of Licensing and Registration (Uniform
Procedures) Act 2002
Omit section 13A(3)(c).
1.4 Community Land Management Act 2021 No 7
Sections 83(2)(e), 109(3)(b) and 228(3)
Omit "common property" wherever occurring. Insert instead "association property".
1.5 Conveyancers Licensing Act 2003 No 3
Section 11 Application to licences of Licensing and Registration (Uniform
Procedures) Act 2002
Omit section 11(3)(h).
1.6 Fair Trading Act 1987 No 68
[1] Section 58 Scheme for publication of service station fuel prices
Insert ", whether or not the building or place is staffed" after "there" in section 58(6),
definition of service station.
[2] Section 58(6), definition of "service station"
Insert at the end of the definition--
Example-- a public electric vehicle charging station that is not staffed
Page 3
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 1 Minor amendments
[3] Section 58(6), definition of "standard retail price"
Omit the definition. Insert instead--
standard retail price, in relation to a prescribed fuel supplied by retail at a
service station, means the following--
(a) for hydrogen--the price per kilogram at which the fuel is available to
retail customers, without discounts or special offers,
(b) for electricity--the price calculated in accordance with arrangements
approved by the Secretary by order published on the NSW legislation
website,
(c) otherwise--the price per litre at which the fuel is available to retail
customers, without discounts or special offers.
[4] Section 60D Fit and proper person
Omit "suspension" from section 60D(3)(b)(ii). Insert instead "cancellation".
1.7 Government Telecommunications Act 2018 No 67
Section 13 Membership of Advisory Board
Omit "personally or in the ordinary course of post" from section 13(4)(e).
1.8 Home Building Act 1989 No 147
[1] Sections 33E(1)(b)(i) and (1A)(b)(i), 33F(1)(b)(i) and (1A)(b)(i) and 33G(1)(b)(i) and
(1A)(b)(i)
Insert "and test" after "Install" wherever occurring.
[2] Section 33F Additional requirements for obtaining endorsed contractor licenses and
supervisor and tradesperson certificates relating to medical gasfitting work
Omit section 33F(1A)(a). Insert instead--
(a) has successfully completed the VET qualification Certificate IV in
Plumbing, and
[3] Section 33G Additional requirements for obtaining endorsed contractor licenses and
supervisor and tradesperson certificates relating to medical gas technician work
Omit section 33G(1A)(a)(ii).
1.9 Motor Dealers and Repairers Act 2013 No 107
[1] Section 5 Motor dealers
Omit "second-hand" from section 5(5).
[2] Section 150 Purposes for which powers of authorised officer may be exercised
Omit "Part 4.5 of the Road Transport Act 2013" from section 150(b).
Insert instead "the Road Transport Act 2013, Part 4.5 or 4.5A".
1.10 Pawnbrokers and Second-hand Dealers Act 1996 No 13
[1] Section 28 Pawnbroker's record of pledges
Omit section 28(3). Insert instead--
(3) A pledge is not validly made unless--
Page 4
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 1 Minor amendments
(a) the person pawning the goods signs the record, including by, if the
record is kept in electronic form, signing a hard copy or attaching an
electronic signature, and
(b) at the time of signing, the record contained all the particulars required
by or under this Act to be included in the record.
[2] Section 28(4)
Omit "original record, or hard copy,". Insert instead "record".
[3] Section 29A Agreement to extend redemption period
Omit "original record" from section 29A(5)(a). Insert instead "record".
[4] Section 29A(6)(a) and (b)
Omit the paragraphs. Insert instead--
(a) the person entering the extending agreement with the pawnbroker signs
the record, including by, if the record is kept in electronic form, signing
a hard copy or attaching an electronic signature, and
(b) at the time of signing, the document contained all the particulars
required by or under this Act to be included in the document.
[5] Section 29A(7)
Omit "original of any such".
1.11 Residential Tenancies Act 2010 No 42
[1] Section 178 Members of Rental Bond Board
Omit "of the Department of Customer Service" from section 178(1)(a).
Insert instead ", who is the Chairperson of the Board".
[2] Section 178(1)(a), note
Insert at the end of section 178(1)(a)--
Note-- Secretary is defined in section 3(1) to mean the Commissioner for Fair Trading
or, if there is no person employed as Commissioner for Fair Trading, the Secretary of
the Department of Customer Service.
[3] Section 178(2)
Omit the subsection.
[4] Schedule 1 Membership and procedure of Rental Bond Board
Omit clause 4(5). Insert instead--
(5) To avoid doubt, the deputy of a member who is the Chairperson has the
member's functions as Chairperson and is taken to be Chairperson.
1.12 Residential Tenancies Regulation 2019
[1] Section 39, heading
Omit "--ss 44(2), 83(2)(a), 98(4), 115(3), 125(3), 134(3), 141(2), 175(3) and 190(1) of
Act".
Page 5
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 1 Minor amendments
[2] Section 39(6)
Omit the subsection.
1.13 Strata Schemes Development Act 2015 No 51
[1] Section 197 Application of Act to electronic form plans and other documents
Omit ", other than an office copy of a court order," from section 197(1)(b).
[2] Section 197(3) and (3A)
Omit section 197(3). Insert instead--
(3) If a plan is lodged electronically, any other document that is required to be
lodged with the plan must also be lodged electronically in an electronic form
approved by the Registrar-General.
(3A) Subsection (3) does not apply to a document excepted from that subsection by
the regulations or another Act or by the Registrar-General.
1.14 Strata Schemes Management Act 2015 No 50
[1] Section 186 Strata scheme information to be given to lessee
Insert at the end of section 186(3)--
Maximum penalty--5 penalty units.
[2] Section 191 Building work to which Part applies
Omit section 191(1). Insert instead--
(1) This part applies to the following building work--
(a) residential building work carried out on a building or part of a building
that is part of the parcel of a strata scheme,
(b) building work carried out on a building or part of a building that is--
(i) part of the parcel of a strata scheme, and
(ii) used or proposed to be used for mixed use purposes that include
residential purposes,
(c) building work that--
(i) is carried out on a building or part of a building that is not part of
the parcel of a strata scheme, and
(ii) the owners corporation is liable to pay for under a strata
management statement or a building management statement
registered under the Conveyancing Act 1919, Part 23, Division
3B.
(1A) Building work specified in subsection (1)(c) is taken to be carried out on a
building in a part of the parcel of a strata scheme for the purposes of this part.
1.15 Strata Schemes Management Regulation 2016
[1] Schedule 5 Penalty notice offences
Omit "Section 186(1) and (2)" from Column 1 under the heading Offences under the Act.
Insert instead "Section 186(1) and (3)".
Page 6
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 1 Minor amendments
[2] Schedule 5, Offences under the Act, Column 1
Omit "Section 258(1), (2) and (3)". Insert instead "Section 258(1) and (3)".
1.16 Surveying and Spatial Information Act 2002 No 83
Schedule 1 The Board of Surveying and Spatial Information
Omit "personally or in the ordinary course of post" from clause 4(1)(b).
1.17 Tow Truck Industry Act 1998 No 111
[1] Section 22 Term of licence
Omit section 22(2)(b).
[2] Section 31 Term of drivers certificate
Omit section 31(2)(b).
Page 7
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 2 Amendments relating to dissolution of Building Insurers' Guarantee Corporation
Schedule 2 Amendments relating to dissolution of Building
Insurers' Guarantee Corporation
2.1 Government Information (Public Access) Regulation 2018
Schedule 3 Agencies declared to be part of other agencies
Omit the matter relating to the Building Insurers' Guarantee Corporation.
2.2 Home Building Act 1989 No 147
[1] Section 103F Interpretation
Omit section 103F(1), definitions of chief executive, claims administrator, former
approved insurer, Guarantee Corporation, guarantee fund and insurer.
Insert in alphabetical order--
guarantee fund or Fund means the Home Building Insurers Guarantee Fund.
insurer--
(a) means a licensed insurer other than the Self Insurance Corporation, but
(b) does not include an insolvent insurer.
[2] Section 103F(1), definition of "insolvent insurer"
Omit the note.
[3] Section 103I Indemnity
Omit section 103I(2)(f).
[4] Sections 103J, 103K(1) and (4), 103L, 103M(1) and (3)(b), 103N(1) and (2), 103S(1A),
103V, 103W, 103X(2), 103Z and 103ZB
Omit "a claims administrator" and "the claims administrator" wherever occurring.
Insert instead "the Authority".
[5] Sections 103K(3), 103M(2), 103N(3) and (5), 103S(2) and (3) and 103U
Omit "A claims administrator" and "The claims administrator" wherever occurring.
Insert instead "The Authority".
[6] Sections 103N, 103S, 103U, 103W, 103X, 103Z and 103ZA, headings
Omit "Claims administrator", "claims administrators", "claims administrator" and
"Guarantee Corporation" wherever occurring.
Insert instead "Authority".
[7] Part 6A, Division 3 Administrative and financial matters relating to former approved
insurers
Omit the division.
[8] Section 103S
Omit section 103S(1).
[9] Section 103S(1AA)(a)
Omit "(other than claims relating to insolvent former approved insurers)".
Page 8
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 2 Amendments relating to dissolution of Building Insurers' Guarantee Corporation
[10] Section 103S(1A)
Omit "Without limiting subsection (1)(c), the". Insert instead "The".
[11] Section 103ZC Delegation
Omit the section.
[12] Section 123A
Omit "or claims administrator" and "or a claims administrator" wherever occurring.
[13] Section 124 Order for substituted service
Omit ", Authority or a claims administrator" from section 124(1).
Insert instead "or the Authority".
[14] Section 131 Certificate evidence
Omit "or a claims administrator" from section 131(2)(e).
[15] Schedule 1 Definitions and other interpretative provisions
Omit clause 1(1), definition of claims administrator.
[16] Schedule 4 Savings and transitional provisions
Insert "before its amendment by the Better Regulation Legislation Amendment
(Miscellaneous) Act 2024" after "Part 6A" in clause 149(4).
[17] Schedule 4
Insert at the end of the schedule, with appropriate part and clause numbering--
Part Provision consequent on enactment of Better
Regulation Legislation Amendment
(Miscellaneous) Act 2024
Dissolution of Building Insurers' Guarantee Corporation and closure of
Building Insurers' Guarantee Fund
On the day on which Part 6A, Division 3 is repealed--
(a) the Building Insurers' Guarantee Corporation is dissolved, and
(b) the Building Insurers' Guarantee Fund is closed, and
(c) the balance of the Building Insurers' Guarantee Fund is transferred to
the Self Insurance Corporation, and
(d) the assets, rights and liabilities of the Building Insurers' Guarantee
Corporation are transferred to the Self Insurance Corporation.
2.3 Home Building Regulation 2014
Clause 51 Evidence of acceptance of risk
Omit the clause.
2.4 Insurance Protection Tax Act 2001 No 40
[1] Section 3C Refunds of tax from Policyholders Protection Fund
Omit "Building Insurers' Guarantee Fund and the" from section 3C(1).
Page 9
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 2 Amendments relating to dissolution of Building Insurers' Guarantee Corporation
[2] Section 16 Definitions
Omit the definitions of Building Insurers' Guarantee Fund and Guarantee Corporation.
[3] Section 16B Policyholders Protection Fund
Omit section 16B(2)(b) and (3)(a).
[4] Sections 16D and 16F
Omit the sections.
[5] Section 16H Policyholders Protection Fund to reimburse additional money advanced
from Consolidated Fund
Omit "Building Insurers' Guarantee Fund or the".
2.5 State Insurance and Care Governance Act 2015 No 19
Section 10 Functions of ICNSW
Omit section 10(2)(e).
Page 10
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 3 Amendments relating to administrative arrangements
Schedule 3 Amendments relating to administrative
arrangements
3.1 Biofuels Act 2007 No 23
[1] Section 3 Definitions
Omit "Department of Finance, Services and Innovation" from section 3(1), definition of
Department.
Insert instead "department in which this Act is administered".
[2] Section 24 Expert Panel
Omit section 24(1)(a1).
3.2 Building and Construction Industry Security of Payment Act 1999 No
46
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
Department means the department in which this Act is administered.
[2] Section 4(1), definition of "Secretary"
Omit the definition. Insert instead--
Secretary means the Secretary of the Department.
[3] Section 32C Authorised officers
Omit "of Customer Service" wherever occurring.
3.3 Building and Development Certifiers Act 2018 No 63
Section 4 Definitions
Omit section 4(1), definitions of Department and Secretary.
Insert instead in alphabetical order--
Department means the department in which this Act is administered.
Secretary means the Secretary of the Department.
3.4 Building Products (Safety) Act 2017 No 69
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
Department means the department in which this Act is administered.
[2] Section 3(1), definition of "Secretary"
Omit the definition. Insert instead--
Secretary means the Secretary of the Department.
[3] Section 75 Persons eligible for appointment as authorised officers
Omit "of Customer Service" from section 75(1)(a).
Page 11
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 3 Amendments relating to administrative arrangements
3.5 Design and Building Practitioners Act 2020 No 7
Section 3 Definitions
Omit "Department of Customer Service" from section 3(1), definition of Department.
Insert instead "department in which this Act is administered".
3.6 Home Building Act 1989 No 147
[1] Sections 48D(1), 114(1), 119(b), 128(1)(a) and 131(1)
Omit "of Customer Service" wherever occurring.
[2] Schedule 1 Definitions and other interpretative provisions
Insert in alphabetical order in clause 1(1)--
Department means the department in which this Act is administered.
[3] Schedule 1, clause 1(1), definition of "Secretary"
Omit the definition. Insert instead--
Secretary means the Secretary of the Department.
3.7 Plumbing and Drainage Act 2011 No 59
Section 3 Definitions
Omit section 3(1), definition of plumbing regulator. Insert instead--
plumbing regulator means the Secretary of the department in which this Act
is administered.
3.8 Residential Apartment Buildings (Compliance and Enforcement
Powers) Act 2020 No 9
Section 3 Definitions
Omit "Department of Customer Service" from section 3(1), definition of Department.
Insert instead "department in which this Act is administered".
3.9 Swimming Pools Act 1992 No 49
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
Department means the department in which this Act is administered.
[2] Section 3(1), definition of "Secretary"
Omit the definition. Insert instead--
Secretary means the Secretary of the Department.
Page 12
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 [NSW]
Schedule 3 Amendments relating to administrative arrangements
[3] Section 27 Authorised officers may be appointed
Omit "of Customer Service" from section 27(1)(b).
Page 13
[Index] [Search] [Download] [Related Items] [Help]