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This is a Bill, not an Act. For current law, see the Acts databases.


REGULATORY REFORM AND OTHER LEGISLATIVE REPEALS BILL 2015





                                     New South Wales




Regulatory Reform and Other Legislative
Repeals Bill 2015

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
The Occupational Licensing National Law Repeal Bill 2015 is cognate with this Bill.

Overview of Bill
The objects of this Bill are as follows:
(a) to abolish the requirement for persons practising as property valuers in NSW to be
      registered, by repealing the Valuers Act 2003,
(b) to repeal the Internal Audit Bureau Act 1992, dissolve the Internal Audit Bureau on that
      repeal and facilitate the disposal of the Bureau's assets before it is dissolved,
(c) to repeal the West Scholarships Act 1930 and, on that repeal, dissolve the trust administered
      under that Act,
(d) to repeal certain other Acts that, for policy reasons, are no longer required,
(e) to repeal certain other Acts and provisions of Acts and instruments for the purpose of statute
      law revision,
(f)   to make amendments to various Acts and instruments consequent on or related to the
      proposed repeals,
(g) to make other provisions of a savings, transitional or ancillary nature.

Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.



b2015-086.d14
Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW]
Explanatory note



Clause 3 provides for the repeal of the Valuers Act 2003, the Valuers Regulation 2010, the
Internal Audit Bureau Act 1992 and the West Scholarships Act 1930. Clause 3 also repeals the

 


 

and Acquisition (Charitable Institutions) Act 1946 and the State Revenue and Other Legislation Amendment (Budget Measures) Act 2013 for policy reasons. Additionally, clause 3 repeals Part 4 of the Insurance Protection Tax Act 2001 because it is no longer required and various other provisions of that Act, and various principal Acts, for the purpose of statute law revision. The repeal of the Valuers Act 2003 will abolish the requirement for persons practising as property valuers in NSW to be registered, giving effect to Recommendation 13 of the Independent Pricing and Regulatory Tribunal's Reforming licensing in NSW: Review of licence rationale and design (September 2014). Amendments consequent on or related to the repeal of that Act are made by Schedule 1. The repeal of the Internal Audit Bureau Act 1992 is related to the dissolution of the Internal Audit Bureau by amendments to the Public Finance and Audit Act 1983 made by Schedule 2. Other amendments consequent on or related to the repeal of the Internal Audit Bureau Act 1992 are also made by Schedule 2. The repeal of the West Scholarships Act 1930 is related to the dissolution, by amendments to the Education Act 1990 made by Schedule 3, of the trust administered under that Act. The Land Acquisition (Charitable Institutions) Act 1946 enables the Minister for Finance, Services and Property to compulsorily acquire land for certain institutions that have been declared by the Governor to be institutions for the purposes of the Act. The last institution to have been declared for those purposes was the New South Wales Branch of the Australian Boy Scouts Association in 1981. The State Revenue and Other Legislation Amendment (Budget Measures) Act 2013 contains uncommenced amendments to the Health Insurance Levies Act 1982 that provide for an increase in the rate used to calculate the monthly levy payable under that Act by private health insurers. The amendments were intended to offset increased costs to the State caused by private health insurers reducing their rates for the treatment of privately insured patients in public hospitals. The insurers reversed their rate cuts and, therefore, it became unnecessary to commence the amendments and the State Revenue and Other Legislation Amendment (Budget Measures) Act 2013 can be repealed. Various provisions of the Insurance Protection Tax Act 2001 can be repealed because they relate to a tax that was abolished on 1 July 2011. Part 4 provides for the registration of certain insurers liable to pay the tax and has ongoing effect but, as a result of the abolition of the tax, is no longer required. Consequential amendments to the Insurance Protection Tax Act 2001 are made by Schedule 3. Clause 4 repeals provisions of Acts and an instrument that contain commenced amendments to Acts and instruments. Section 30 (2) (c) of the Interpretation Act 1987 ensures that, when those Acts and instruments are repealed, the commenced amendments will not be affected. Clause 5 repeals amending Acts, and provisions of amending Acts, that cannot be commenced because they amend Acts or provisions that have since been repealed. Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 Schedule 1 makes amendments to Acts and regulations specified in the Schedule that are consequent on or related to the repeal of the Valuers Act 2003 by the proposed Act. Many of the amendments replace references, in various Acts and regulations, to valuers registered under the Valuers Act 2003 (registered valuers) with references to qualified valuers. Qualified valuer is generally defined, for the purposes of the relevant provisions of those Acts and regulations, as persons having certain categories of membership with the Australian Valuers Institute, the Australian Property Institute or the Royal Institution of Chartered Surveyors. See, in particular, Schedule 1.1, 1.3 [1] and [2], 1.4, 1.5 [4]-[6], 1.17 [1] and [2], 1.18, 1.22-1.24, 1.25 [1] and [2], 1.26 [1] and [2], 1.27 [3] and [4], 1.29 [2] and [3] and 1.30 [1] and [2]. Page 2 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Explanatory note Schedule 1.5 [1], 1.19 and 1.29 [1] make consequential amendments. Schedule 1.17 [3] makes a law revision amendment. Schedule 1.14 amends the Land Acquisition (Just Terms Compensation) Act 1991 to ensure that loss attributable to disturbance of land (which is defined as being certain costs and fees incurred by persons entitled to compensation in connection with the compulsory acquisition of land) includes valuation fees only if they are the fees of a qualified valuer. Qualified valuer is defined as in other Acts referred to above. The loss attributable to disturbance of land is one of the matters that an authority of the State must have regard to in determining the amount of compensation payable in connection with the compulsory acquisition of land. Schedule 1.11 [3] inserts savings and transitional provisions into the Fair Trading Act 1987 consequent on the repeal of the Valuers Act 2003, including a 3-year transitional arrangement that will ensure that persons who are registered valuers immediately before the repeal will be taken to be qualified valuers for the purposes of the various Acts and regulations that refer to qualified valuers (proposed clauses 42, 43 and 45 of Schedule 5 to the Fair Trading Act 1987). Schedule 1.5 [3] amends the Community Land Management Act 1989 by omitting a requirement for 5-yearly valuations of buildings comprised in association property. The requirement was originally included in that Act for the purpose of determining the minimum amount for which those buildings must be insured against damage or destruction by fire or other risks. The requirement is redundant because the Act and its regulation provide that the minimum amount is to be determined by adding up estimates of costs that would be incurred in replacing the buildings. Schedule 1.5 [2] and 1.6 make consequential amendments. Schedule 1.27 [1] and [2] and 1.28 amend the Strata Schemes Management Act 1996 and Strata Schemes Management Regulation 2010 to align provisions that deal with insurance of buildings in strata schemes with the provisions of the Community Land Management Act 1989 (as proposed to be amended) and its regulation that deal with similar matters and are described above. Schedule 1.8 [1], 1.13 [1] and 1.21 [1] amend the Duties Act 1997, the First Home Owner Grant (New Homes) Act 2000 and the Regional Relocation Grants (Skills Incentive) Act 2011 to remove references to registered valuers from provisions dealing with the evidence that the Chief Commissioner of State Revenue may require, obtain or rely on for the purposes of determining a person's liability for duty or eligibility for a grant under those Acts. Schedule 1.8 [2] and [3], 1.13 [2] and 1.21 [2] make consequential amendments. Schedule 1.9 amends a provision of the Election Funding, Expenditure and Disclosures Regulation 2009 that enables the Electoral Commission to appoint or approve a person to carry out a property valuation if of the opinion that the value of property disposed of has not been correctly stated. Currently, the person must be a registered valuer (in the case of real property) or have at least 5 years' experience in making valuations of the kind of property disposed of (in any other case). The amendment removes any reference to a registered valuer and requires that the approved or appointed person have at least 5 years' experience in making valuations of the kind of property disposed of in any case. Schedule 1.10 [1] amends the Encroachment of Buildings Act 1922 to enable the Land and Environment Court to refer any question in proceedings under that Act to a valuer or registered land surveyor (rather than to a registered valuer or registered land surveyor, as is currently the case). Schedule 1.3 [3], 1.5 [7], 1.7 [2], 1.10 [2], 1.25 [3], 1.26 [3], 1.29 [4], 1.30 [3] and 1.31 [3] amend various Acts to enable the making of savings and transitional regulations consequent on the enactment of any Act that amends those Acts (including the proposed Act). Other Acts amended by Schedule 1 already contain provisions that enable the making of such regulations consequent on the enactment of any Act that amends those Acts. Schedule 1.2, 1.7 [1], 1.11 [1] and [2], 1.12, 1.15, 1.16, 1.20 and 1.31 [1] and [2] make other miscellaneous amendments to various Acts that are consequent on the repeal of the Valuers Act 2003. Page 3 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Explanatory note Schedule 2 Consequential and other amendments related to repeal of Internal Audit Bureau Act 1992 Schedule 2 makes amendments to Acts specified in the Schedule that are consequent on or related to the repeal of the Internal Audit Bureau Act 1992 (the IAB Act) by the proposed Act. Schedule 2.3 [1] amends the IAB Act to authorise the Internal Audit Bureau (IAB) to dispose of all or any of its assets, rights or liabilities to the private sector or any public authority of the State (before the repeal of that Act by the proposed Act and the dissolution of IAB by Schedule 2.4 [3]). Schedule 2.3 [2] amends the IAB Act to extend the functions of the Board of Management established under that Act to include the determination of any policies that are necessary to facilitate the dissolution of IAB. Schedule 2.3 [3] inserts a note into the IAB Act. Schedule 2.3 [4] amends the IAB Act to enable the making of savings and transitional regulations consequent on the enactment of any Act that amends the IAB Act (including the proposed Act). Schedule 2.4 [3] amends the Public Finance and Audit Act 1983 (the PFA Act) to provide for the dissolution of IAB on the repeal of the IAB Act. Schedule 2.1, 2.2, 2.4 [1] and 2.5-2.7 make consequential amendments to the PFA Act and various other Acts. Schedule 2.4 [2] amends the PFA Act to enable the making of savings and transitional regulations consequent on the enactment of the proposed Act or any other Act the amends the PFA Act. Schedule 3 Other amendments consequent on repeals Schedule 3 makes other amendments to Acts specified in the Schedule that are consequent on the repeal of various Acts by the proposed Act. Schedule 3.2 amends the Education Act 1990 to provide for the dissolution of the trust administered under the West Scholarships Act 1930, and the transfer of trust assets, rights and liabilities to the Crown, on the repeal of that Act. The amendments also enable any money transferred to the Crown to be provided to schools or other bodies for the purpose of awards to final year primary school students. Schedule 3.1, 3.3, 3.5 and 3.6 transfer the substance of provisions (of possible ongoing effect) of Acts repealed by the proposed Act to various other Acts. In accordance with section 30A of the Interpretation Act 1987, the transfer of those provisions does not affect the operation (if any) or meaning of the provisions. In particular: (a) Schedule 3.1 transfers sections 5-8 and 9 (2) of the Forestry (Darling Mills State Forest Revocation) Act 2005 to the Crown Lands Act 1989, and (b) Schedule 3.3 transfers sections 3, 6-9, 15-17, 18 (1) and 19 of the HomeFund Restructuring Act 1993 to the Housing Act 2001, and (c) Schedule 3.5 transfers sections 3-5 of the National Parks and Wildlife (Adjustment of Areas) Act 2005 to the National Parks and Wildlife Act 1974, and (d) Schedule 3.6 transfers section 2 (3) and (5) of the Transfer of Records Act 1923 to the Supreme Court Act 1970. Schedule 3.4 [1] amends the Insurance Protection Tax Act 2001 consequent on the repeal of redundant provisions of that Act relating to an abolished tax. Schedule 3.4 [2] inserts savings and transitional provisions (including a provision that enables the making of savings and transitional regulations) consequent on the enactment of the proposed Act. Page 4 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Explanatory note Schedule 4 General savings, transitional and other provisions Schedule 4 contains savings, transitional and other provisions of general effect. Clause 1 ensures that (unless expressly provided to the contrary) any instrument that is in force and made under a provision of an Act that is amended or substituted by the proposed Act will be taken to have been made under the Act as amended. Clause 2, in conjunction with section 29A of the Interpretation Act 1987, enables the Governor, by proclamation, to revoke the repeal of any Act or instrument (or any provision of an Act or instrument) by the proposed Act and restore its operation. The Act or provision to which the revocation applies is taken not to be, and never to have been, repealed. Clause 3 enables the making of regulations of a savings or transitional nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the proposed Act. Page 5 First print New South Wales Regulatory Reform and Other Legislative Repeals Bill 2015 Contents Page 1 Name of Act 2 2 Commencement 2 3 Repeal of principal Acts and Regulation 2 4 Repeal of amending provisions that have commenced 2 5 Repeal of amending Acts or provisions that cannot be commenced because they amend Acts or provisions that have since been repealed 3 Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 4 Schedule 2 Consequential and other amendments related to repeal of Internal Audit Bureau Act 1992 16 Schedule 3 Other amendments consequent on repeals 20 Schedule 4 General savings, transitional and other provisions 28 b2015-086.d14 New South Wales Regulatory Reform and Other Legislative Repeals Bill 2015 No , 2015 A Bill for An Act to repeal certain Acts for the purpose of regulatory reform; to repeal certain other Acts and instruments for the purpose of statute law revision; and to make certain savings. See also the Occupational Licensing National Law Repeal Bill 2015. Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Regulatory Reform and Other Legislative Repeals Act 2015. 3 2 Commencement 4 (1) This Act commences on the date of assent to this Act, except as otherwise provided 5 by this section. 6 (2) Section 3 (g) and (q)-(s) and Schedules 1, 2.1, 2.2, 2.4 [1] and 2.5-2.7 commence on 7 a day or days to be appointed by proclamation. 8 3 Repeal of principal Acts and Regulation 9 The following Acts (or provisions of Acts) and Regulation are repealed: 10 (a) Appropriation Act 2014 No 34, 11 (b) Appropriation (Budget Variations) Act 2014 No 35, 12 (c) Appropriation (Parliament) Act 2014 No 36, 13 (d) Forestry (Darling Mills State Forest Revocation) Act 2005 No 2, 14 (e) HomeFund Restructuring Act 1993 No 112, 15 (f) sections 3A and 3B and Parts 2, 3, 4 and 5 (except for section 24 (1)) of the 16 Insurance Protection Tax Act 2001 No 40, 17 (g) Internal Audit Bureau Act 1992 No 20, 18 (h) Land Acquisition (Charitable Institutions) Act 1946 No 55, 19 (i) Lane Cove National Park (Sugarloaf Point Additions) Act 1996 No 71, 20 (j) National Parks and Wildlife (Adjustment of Areas) Act 2005 No 27, 21 (k) State Revenue and Other Legislation Amendment (Budget Measures) Act 2013 22 No 50, 23 (l) Statute Law (Miscellaneous Provisions) Act 2015 No 15, 24 (m) Succession to the Crown (Request) Act 2013 No 53, 25 (n) Sydney Entertainment Centre Act 1980 No 135, 26 (o) Transfer of Records Act 1923 No 14, 27 (p) University of Sydney (Law School Site) Act 1967 No 26, 28 (q) Valuers Act 2003 No 4, 29 (r) Valuers Regulation 2010, 30 (s) West Scholarships Act 1930 No 19. 31 4 Repeal of amending provisions that have commenced 32 The following provisions of Acts or an instrument are repealed: 33 34 Act or instrument Provisions repealed Environmental Planning and Assessment Schedule 5.1 Amendment Act 2008 No 36 Marine Safety Act 1998 No 121 Schedule 3.7 [15] Public Health (Tobacco) Act 2008 No 94 Schedule 2 State Environmental Planning Policy (Affordable Schedule 3.1, 3.2 [1] and [5], 3.3 [1] Rental Housing) 2009 and [5], 3.5-3.10, 3.12 and 3.13 Page 2 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Act or instrument Provisions repealed Water Management Act 2000 No 92 Schedule 8.30 [4] Water Management Amendment Act 2008 No 73 Schedule 4 [7] 5 Repeal of amending Acts or provisions that cannot be commenced because they 1 amend Acts or provisions that have since been repealed 2 The following Act or provisions of Acts are repealed: 3 4 Act Provisions repealed Environmental Planning and Assessment Schedule 2.1 [14] Amendment Act 2008 No 36 Licensing and Registration (Uniform Procedures) Schedule 4, Part 4 Act 2002 No 28 National Parks and Wildlife Amendment (Jenolan Schedule 2.2 Caves Reserves) Act 2005 No 83 Parliamentary Electorates and Elections Schedule 19.2, 19.3, 19.8, 19.11, Amendment Act 2006 No 68 19.13, 19.23 and 19.28 Workers Compensation Legislation Amendment Whole Act (Miscellaneous Provisions) Act 2005 No 113 Page 3 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 Schedule 1 Consequential and other amendments related to 1 repeal of Valuers Act 2003 2 1.1 Aboriginal Land Rights Act 1983 No 42 3 [1] Section 38 Purchase, lease etc of property 4 Omit section 38 (1A) (a). Insert instead: 5 (a) the purchase price for the land is not more than 5% above the market 6 value of the land, as assessed by a qualified valuer who is appointed by 7 the Local Aboriginal Land Council, or 8 [2] Section 38 (6) 9 Omit the subsection. Insert instead: 10 (6) Subject to the regulations, a reference in this section to a qualified valuer is a 11 reference to a person who: 12 (a) has membership of the Australian Valuers Institute (other than associate 13 or student membership), or 14 (b) has membership of the Australian Property Institute (other than student 15 or provisional membership), acquired in connection with his or her 16 occupation as a valuer, or 17 (c) has membership of the Royal Institution of Chartered Surveyors as a 18 chartered valuer, or 19 (d) is of a class prescribed by the regulations. 20 1.2 Civil and Administrative Tribunal Act 2013 No 2 21 Schedule 5 Occupational Division 22 Omit "Valuers Act 2003" from clause 4 (1). 23 1.3 Community Land Development Act 1989 No 201 24 [1] Section 3 Definitions 25 Omit the definition of registered valuer from section 3 (1). 26 Insert in alphabetical order: 27 qualified valuer means (subject to the regulations) a person who: 28 (a) has membership of the Australian Valuers Institute (other than associate 29 or student membership), or 30 (b) has membership of the Australian Property Institute (other than student 31 or provisional membership), acquired in connection with his or her 32 occupation as a valuer, or 33 (c) has membership of the Royal Institution of Chartered Surveyors as a 34 chartered valuer, or 35 (d) is of a class prescribed by the regulations. 36 [2] Schedule 8, clause 2 (2) (a) and Schedule 11, clauses 2 (b), 4 (c) and 6 (b) 37 Omit "registered valuer" wherever occurring. Insert instead "qualified valuer". 38 Page 4 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 [3] Schedule 12 Transitional provisions 1 Insert "or any other Act that amends this Act" after "this Act" in clause 1 (1). 2 1.4 Community Land Development Regulation 2007 3 Clauses 8 (5) (b), 9 (f), 15 (10), 21 (10) and 27 (10) 4 Omit "registered valuer" wherever occurring. Insert instead "qualified valuer". 5 1.5 Community Land Management Act 1989 No 202 6 [1] Section 3 Definitions 7 Omit the definition of registered valuer from section 3 (1). 8 [2] Section 39 Insurance against damage or destruction 9 Omit section 39 (1A). Insert instead: 10 (1A) Any such building or structure is to be insured for not less than the amount 11 determined in accordance with the regulations. 12 [3] Section 39A Valuations to be obtained for the purposes of insurance 13 Omit the section. 14 [4] Section 78 Order by Tribunal substituting schedule of unit entitlements 15 Omit "different registered valuer" from section 78 (2) (a). 16 Insert instead "different valuer who is a qualified valuer". 17 [5] Section 78 (4) 18 Omit "registered valuer". Insert instead "qualified valuer". 19 [6] Section 78 (7) 20 Insert after section 78 (6): 21 (7) In this section: 22 qualified valuer has the same meaning as it has in the Community Land 23 Development Act 1989. 24 [7] Schedule 7 Savings, transitional and other provisions 25 Insert at the end of clause 1 (1): 26 any other Act that amends this Act 27 1.6 Community Land Management Regulation 2007 28 Clause 18 Valuations to be obtained for insurance purposes 29 Omit the clause. 30 1.7 Conveyancing Act 1919 No 6 31 [1] Section 131 Costs and expenses 32 Omit "registered valuer (within the meaning of the Valuers Act 2003)". 33 Insert instead "valuer". 34 Page 5 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 [2] Schedule 9 Savings, transitional and other provisions 1 Insert at the end of clause 1 (1): 2 any other Act that amends this Act 3 1.8 Duties Act 1997 No 123 4 [1] Section 305 Valuation of property 5 Omit section 305 (1). Insert instead: 6 (1) The Chief Commissioner may, for the purpose of determining whether a 7 person is liable for duty or determining a person's liability for duty: 8 (a) require the person, by notice in writing given to the person, to provide 9 any evidence of the value of property that the Chief Commissioner 10 considers appropriate, or 11 (b) obtain a valuation of property from a person the Chief Commissioner is 12 satisfied is suitably qualified to provide evidence of the value of 13 property, or 14 (c) rely on a valuation of property prepared for any purpose by a person the 15 Chief Commissioner is satisfied is suitably qualified to provide 16 evidence of the value of property. 17 [2] Section 305 (2) 18 Insert "other" after "or". 19 [3] Section 305 (4) 20 Omit the subsection. 21 1.9 Election Funding, Expenditure and Disclosures Regulation 2009 22 Clause 37 Determination of value of property disposed of 23 Omit clause 37 (1). Insert instead: 24 (1) The Authority may, if it is of the opinion that the value of property disposed 25 of has not been correctly stated, appoint or approve persons to assess the value 26 of the property who have, for a period of (or for periods totalling not less than) 27 5 years, been engaged in making valuations of property of the same kind as 28 that property. 29 1.10 Encroachment of Buildings Act 1922 No 23 30 [1] Section 3 Encroachments 31 Omit section 3 (4). Insert instead: 32 (4) The Court may refer any question involved in proceedings on the application 33 to: 34 (a) any registered land surveyor (within the meaning of the Surveying and 35 Spatial Information Act 2002), or 36 (b) any valuer. 37 Page 6 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 [2] Schedule 1 Savings and transitional provisions 1 Insert before clause 1: 2 1A Regulations 3 (1) The regulations may contain provisions of a savings or transitional nature 4 consequent on the enactment of any Act that amends this Act. 5 (2) Any such provision may, if the regulations so provide, take effect from the 6 date of assent to the Act concerned or a later date. 7 (3) To the extent to which any such provision takes effect from a date that is 8 earlier than the date of its publication on the NSW legislation website, the 9 provision does not operate so as: 10 (a) to affect, in a manner prejudicial to any person (other than the State or 11 an authority of the State), the rights of that person existing before the 12 date of its publication, or 13 (b) to impose liabilities on any person (other than the State or an authority 14 of the State) in respect of anything done or omitted to be done before the 15 date of its publication. 16 1.11 Fair Trading Act 1987 No 68 17 [1] Section 25I Functions 18 Omit ", valuing" from paragraph (a) of the definition of property services industry in 19 section 25I (2). 20 [2] Section 25I (2), definition of "property services industry" 21 Omit "or the Valuers Act 2003" from paragraph (a). 22 [3] Schedule 5 Savings and transitional provisions 23 Insert after Part 6: 24 Part 7 Provisions consequent on repeal of Valuers Act 25 2003 by Regulatory Reform and Other Legislative 26 Repeals Act 2015 27 42 Definition of "relevant valuer" 28 In this Part: 29 relevant valuer means a person who was registered under the Valuers Act 30 2003 as a valuer immediately before the repeal of that Act. 31 43 References to qualified valuers 32 (1) Subject to the regulations, a reference in any Act or regulation to a qualified 33 valuer is taken to include a reference to a relevant valuer. 34 (2) Subclause (1) does not apply in relation to a person to whom an order that is 35 in force under this clause applies. 36 (3) The Secretary may, by order published in the Gazette, direct that a person who 37 is a relevant valuer is not to be taken to be a qualified valuer under this clause 38 if the Secretary is satisfied that: 39 (a) the person is a disqualified person (within the meaning of the Valuers 40 Act 2003, as in force immediately before the repeal of that Act), or 41 Page 7 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 (b) the person was not eligible to be registered and was registered by 1 mistake or as a result of any false representation concerning the 2 person's age or qualifications for registration, or 3 (c) any circumstances prescribed by the regulations apply in relation to the 4 person. 5 (4) The Secretary may, by notice published in the Gazette, revoke an order under 6 this clause. 7 44 Conditions and undertakings to continue 8 (1) A relevant valuer must not practise as a valuer in contravention of any 9 restriction on the valuer's practice as a valuer that was in force under the 10 Valuers Act 2003 immediately before the repeal of that Act. 11 Maximum penalty: 100 penalty units. 12 (2) A reference in this clause to a restriction on a valuer's practice is a reference 13 to: 14 (a) a condition imposed under section 11 of the Valuers Act 2003 on the 15 valuer's registration, or 16 (b) a written undertaking from the valuer accepted by the Secretary under 17 section 18 of that Act. 18 (3) The regulations may exempt any of the following from the application of this 19 clause: 20 (a) a relevant valuer or any class of relevant valuers, 21 (b) a condition or any class of conditions, 22 (c) a written undertaking or any class of written undertakings. 23 45 Expiry of clauses 43 and 44 24 Clauses 43 and 44 cease to have effect 3 years after the day on which the 25 Valuers Act 2003 is repealed. 26 46 No compensation by State 27 (1) Compensation is not payable by or on behalf of the State because of the repeal 28 of the Valuers Act 2003 by the Regulatory Reform and Other Legislative 29 Repeals Act 2015, or the enactment or operation of Schedule 1 to the 30 Regulatory Reform and Other Legislative Repeals Act 2015, or for any 31 consequence of that repeal, enactment or operation. 32 (2) This clause does not prevent the regulations making provision for or with 33 respect to the refund of any application fees paid under the Valuers Act 2003 34 before the repeal of that Act. 35 (3) In this clause: 36 compensation includes damages or any other form of monetary compensation. 37 the State means the Crown within the meaning of the Crown Proceedings Act 38 1988, and includes any employee or agent of the Crown. 39 1.12 Fines Act 1996 No 99 40 Schedule 1 Statutory provisions under which penalty notices issued 41 Omit the matter relating to the Valuers Act 2003. 42 Page 8 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 1.13 First Home Owner Grant (New Homes) Act 2000 No 21 1 [1] Section 36A Power to require valuation or other evidence 2 Omit section 36A (1). Insert instead: 3 (1) For the purposes of determining the total value of a transaction, the Chief 4 Commissioner may do any one or more of the following: 5 (a) require, by written notice, an applicant (or former applicant) for a first 6 home owner grant to provide to the Chief Commissioner any evidence 7 of the value of the property or consideration that the Chief 8 Commissioner considers appropriate, 9 (b) have a valuation made of any property or consideration by a person the 10 Chief Commissioner is satisfied is suitably qualified to provide 11 evidence of the value of property or consideration, 12 (c) adopt any available valuation made of the property or consideration by 13 a person the Chief Commissioner is satisfied is suitably qualified to 14 provide evidence of the value of property or consideration. 15 [2] Section 36A (2) 16 Omit the subsection. 17 1.14 Land Acquisition (Just Terms Compensation) Act 1991 No 22 18 [1] Section 59 Loss attributable to disturbance 19 Omit paragraph (b) of the definition of loss attributable to disturbance. Insert instead: 20 (b) valuation fees of a qualified valuer reasonably incurred by those persons 21 in connection with the compulsory acquisition of the land (but not fees 22 calculated by reference to the value, as assessed by the valuer, of the 23 land), 24 [2] Section 59 (2) 25 Insert at the end of section 59: 26 (2) Subject to the regulations, a reference in this section to a qualified valuer is a 27 reference to a person who: 28 (a) has membership of the Australian Valuers Institute (other than associate 29 or student membership), or 30 (b) has membership of the Australian Property Institute (other than student 31 or provisional membership), acquired in connection with his or her 32 occupation as a valuer, or 33 (c) has membership of the Royal Institution of Chartered Surveyors as a 34 chartered valuer, or 35 (d) is of a class prescribed by the regulations. 36 1.15 Law Enforcement (Powers and Responsibilities) Act 2002 No 103 37 Schedule 2 Search warrants under other Acts 38 Omit the matter relating to the Valuers Act 2003. 39 Page 9 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 1.16 Licensing and Registration (Uniform Procedures) Act 2002 No 28 1 Schedule 2 Registration to which Part 3 of Act applies 2 Omit the matter relating to the Valuers Act 2003 (including the heading). 3 1.17 Mining Regulation 2010 4 [1] Clause 47 Objections 5 Omit clause 47 (2) (a). Insert instead: 6 (a) a qualified valuer, or 7 [2] Clause 47 (3) 8 Insert after clause 47 (2): 9 (3) In this clause: 10 qualified valuer means a person who: 11 (a) has membership of the Australian Valuers Institute (other than associate 12 or student membership), or 13 (b) has membership of the Australian Property Institute (other than student 14 or provisional membership), acquired in connection with his or her 15 occupation as a valuer, or 16 (c) has membership of the Royal Institution of Chartered Surveyors as a 17 chartered valuer. 18 [3] Clause 71 Inquiry and report concerning significant improvement claim 19 Omit the clause. 20 1.18 Mine Subsidence Compensation Act 1961 No 22 21 [1] Section 13 Purchase of damaged improvements and effecting of remedial works by 22 the Board 23 Omit "valuer with the prescribed qualifications" from section 13 (1) (a). 24 Insert instead "qualified valuer". 25 [2] Section 13 (3) 26 Insert after section 13 (2): 27 (3) Subject to the regulations, a reference in this section to a qualified valuer is a 28 reference to a person who: 29 (a) has membership of the Australian Valuers Institute (other than associate 30 or student membership), or 31 (b) has membership of the Australian Property Institute (other than student 32 or provisional membership), acquired in connection with his or her 33 occupation as a valuer, or 34 (c) has membership of the Royal Institution of Chartered Surveyors as a 35 chartered valuer, or 36 (d) is of a class prescribed by the regulations. 37 Page 10 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 1.19 Mine Subsidence Compensation Regulation 2012 1 Clause 8 Prescribed qualifications of valuer under section 13 (1) (a) 2 Omit the clause. 3 1.20 Property, Stock and Business Agents Act 2002 No 66 4 Section 189 Application of money in Statutory Interest Account 5 Omit ", the Valuers Act 2003" from section 189 (2) (d). 6 1.21 Regional Relocation Grants (Skills Incentive) Act 2011 No 26 7 [1] Section 52 Power to require valuation or other evidence 8 Omit section 52 (1). Insert instead: 9 (1) For the purposes of determining the value of a purchase, the Chief 10 Commissioner may do any one or more of the following: 11 (a) require, by written notice, an applicant (or former applicant) for a 12 regional relocation grant to provide to the Chief Commissioner any 13 evidence of the value of the property or consideration that the Chief 14 Commissioner considers appropriate, 15 (b) have a valuation made of any property or consideration by a person the 16 Chief Commissioner is satisfied is suitably qualified to provide 17 evidence of the value of property or consideration, 18 (c) adopt any available valuation made of the property or consideration by 19 a person the Chief Commissioner is satisfied is suitably qualified to 20 provide evidence of the value of property or consideration. 21 [2] Section 52 (2) 22 Omit the subsection. 23 1.22 Registered Clubs Act 1976 No 31 24 [1] Section 41J Disposal by club of real property 25 Omit section 41J (3) (a). Insert instead: 26 (a) the property has been valued by a qualified valuer, and 27 [2] Section 41J (5) 28 Insert after section 41J (4): 29 (5) Subject to the regulations, a reference in this section to a qualified valuer is a 30 reference to a person who: 31 (a) has membership of the Australian Valuers Institute (other than associate 32 or student membership), or 33 (b) has membership of the Australian Property Institute (other than student 34 or provisional membership), acquired in connection with his or her 35 occupation as a valuer, or 36 (c) has membership of the Royal Institution of Chartered Surveyors as a 37 chartered valuer, or 38 (d) is of a class prescribed by the regulations. 39 Page 11 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 1.23 Registered Clubs Regulation 2015 1 Clause 23 Exceptions relating to disposal of core property 2 Omit "a registered valuer" from clause 23 (1) (a). 3 Insert instead "a qualified valuer (within the meaning of section 41J of the Act)". 4 1.24 Residential (Land Lease) Communities Act 2013 No 97 5 [1] Section 138 Tribunal may value homes to facilitate sale 6 Omit "registered valuers" from section 138 (2). Insert instead "qualified valuers". 7 [2] Section 138 (3) 8 Omit "registered valuer". Insert instead "qualified valuer". 9 [3] Section 138 (5) 10 Omit the subsection. Insert instead: 11 (5) Subject to the regulations, a reference in this section to a qualified valuer is a 12 reference to a person who: 13 (a) has membership of the Australian Valuers Institute (other than associate 14 or student membership), or 15 (b) has membership of the Australian Property Institute (other than student 16 or provisional membership), acquired in connection with his or her 17 occupation as a valuer, or 18 (c) has membership of the Royal Institution of Chartered Surveyors as a 19 chartered valuer, or 20 (d) is of a class prescribed by the regulations. 21 1.25 Strata Schemes (Freehold Development) Act 1973 No 68 22 [1] Section 28QAA Revised schedule of unit entitlements 23 Omit "registered valuer" from section 28QAA (3) (d). Insert instead "qualified valuer". 24 [2] Section 28QAA (4) 25 Omit the subsection. Insert instead: 26 (4) Subject to the regulations, a reference in this section to a qualified valuer is a 27 reference to a person who: 28 (a) has membership of the Australian Valuers Institute (other than associate 29 or student membership), or 30 (b) has membership of the Australian Property Institute (other than student 31 or provisional membership), acquired in connection with his or her 32 occupation as a valuer, or 33 (c) has membership of the Royal Institution of Chartered Surveyors as a 34 chartered valuer, or 35 (d) is of a class prescribed by the regulations. 36 Page 12 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 [3] Schedule 4 Transitional and savings provisions 1 Insert before Part 1: 2 Part 1A General 3 1 Regulations 4 (1) The regulations may contain provisions of a savings or transitional nature 5 consequent on the enactment of any Act that amends this Act. 6 (2) Any such provision may, if the regulations so provide, take effect from the 7 date of assent to the Act concerned or a later date. 8 (3) To the extent to which any such provision takes effect from a date that is 9 earlier than the date of its publication on the NSW legislation website, the 10 provision does not operate so as: 11 (a) to affect, in a manner prejudicial to any person (other than the State or 12 an authority of the State), the rights of that person existing before the 13 date of its publication, or 14 (b) to impose liabilities on any person (other than the State or an authority 15 of the State) in respect of anything done or omitted to be done before the 16 date of its publication. 17 1.26 Strata Schemes (Leasehold Development) Act 1986 No 219 18 [1] Section 57AAA Revised schedule of unit entitlements 19 Omit "registered valuer" from section 57AAA (3) (d). Insert instead "qualified valuer". 20 [2] Section 57AAA (4) 21 Omit the subsection. Insert instead: 22 (4) Subject to the regulations, a reference in this section to a qualified valuer is a 23 reference to a person who: 24 (a) has membership of the Australian Valuers Institute (other than associate 25 or student membership), or 26 (b) has membership of the Australian Property Institute (other than student 27 or provisional membership), acquired in connection with his or her 28 occupation as a valuer, or 29 (c) has membership of the Royal Institution of Chartered Surveyors as a 30 chartered valuer, or 31 (d) is of a class prescribed by the regulations. 32 [3] Schedule 5 Transitional and savings provisions 33 Insert at the end of clause 1 (1): 34 any other Act that amends this Act 35 1.27 Strata Schemes Management Act 1996 No 138 36 [1] Sections 83 (2) and 84 (2) 37 Omit the subsections. Insert instead as sections 83 (2) and 84 (2), respectively: 38 (2) The building is to be insured for at least the amount determined in accordance 39 with the regulations. 40 Page 13 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 [2] Section 85 Valuations to be obtained for the purposes of insurance 1 Omit the section. 2 [3] Section 183 Order for reallocation of unit entitlements 3 Omit section 183 (5). Insert instead: 4 (5) Requirements as to person giving certificate 5 The certificate must have been given by a qualified valuer. 6 [4] Section 183 (11) 7 Insert after section 183 (10): 8 (11) In this section: 9 qualified valuer: 10 (a) in relation to a freehold strata scheme, has the same meaning as in 11 section 28QAA of the Strata Schemes (Freehold Development) Act 12 1973, and 13 (b) in relation to a leasehold strata scheme, has the same meaning as in 14 section 57AAA of the Strata Schemes (Leasehold Development) Act 15 1986. 16 1.28 Strata Schemes Management Regulation 2010 17 [1] Clause 11 Qualifications for person to carry out valuation for insurance purposes 18 Omit the clause. 19 [2] Clause 12 Calculation of insured amount under damage policy 20 Insert after clause 12 (1): 21 (1A) For the purposes of sections 83 (2) and 84 (2) of the Act, the amount for which 22 a building is to be insured under a damage policy is to be not less than the 23 amount calculated in accordance with subclause (1). 24 1.29 Succession Act 2006 No 80 25 [1] Section 101 Definitions 26 Omit the definition of registered valuer. 27 [2] Section 119 Basis of the election 28 Omit "registered valuer" from section 119 (3). Insert instead "qualified valuer". 29 [3] Section 119 (6) 30 Insert after section 119 (5): 31 (6) Subject to the regulations, a reference in this section to a qualified valuer is a 32 reference to a person who: 33 (a) has membership of the Australian Valuers Institute (other than associate 34 or student membership), or 35 (b) has membership of the Australian Property Institute (other than student 36 or provisional membership), acquired in connection with his or her 37 occupation as a valuer, or 38 Page 14 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 1 Consequential and other amendments related to repeal of Valuers Act 2003 (c) has membership of the Royal Institution of Chartered Surveyors as a 1 chartered valuer, or 2 (d) is of a class prescribed by the regulations. 3 [4] Schedule 1 Savings, transitional and other provisions 4 Insert at the end of clause 1 (1): 5 any other Act that amends this Act 6 1.30 Trustee Act 1925 No 14 7 [1] Section 18 Ratio of loan to value 8 Omit "valuer of land, registered under the Valuers Act 2003," from section 18 (2). 9 Insert instead "qualified valuer". 10 [2] Section 18 (7) 11 Omit the subsection. Insert instead: 12 (7) In this section: 13 prescribed insurer means an insurer or an insurer of a class prescribed by the 14 regulations. 15 qualified valuer means (subject to the regulations) a person who: 16 (a) has membership of the Australian Valuers Institute (other than associate 17 or student membership), or 18 (b) has membership of the Australian Property Institute (other than student 19 or provisional membership), acquired in connection with his or her 20 occupation as a valuer, or 21 (c) has membership of the Royal Institution of Chartered Surveyors as a 22 chartered valuer, or 23 (d) is of a class prescribed by the regulations. 24 [3] Schedule 2 Savings and transitional provisions 25 Insert at the end of clause 1 (1): 26 any other Act that amends this Act 27 1.31 Valuation of Land Act 1916 No 2 28 [1] Section 13C Contested contracts 29 Omit section 13C (3) and (4). 30 [2] Section 80B Valuers Registration Act 1975 not affected 31 Omit the section. 32 [3] Schedule 2 Savings, transitional and other provisions 33 Insert at the end of clause 1 (1): 34 any other Act that amends this Act 35 Page 15 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 2 Consequential and other amendments related to repeal of Internal Audit Bureau Act 1992 Schedule 2 Consequential and other amendments related to 1 repeal of Internal Audit Bureau Act 1992 2 2.1 First State Superannuation Act 1992 No 100 3 Schedule 1 Employers 4 Omit "Internal Audit Bureau". 5 2.2 Government Sector Employment Act 2013 No 40 6 Schedule 4 Savings, transitional and other provisions 7 Omit clause 13A (a). 8 2.3 Internal Audit Bureau Act 1992 No 20 9 [1] Section 5A 10 Insert after section 5: 11 5A Disposal of assets, rights and liabilities prior to dissolution 12 (1) The Bureau is authorised to dispose of all or any of its assets, rights or 13 liabilities to the private sector or to any public authority of the State. 14 Note. Part 8 of Schedule 4 to the Public Finance and Audit Act 1983 provides for the 15 dissolution of the Bureau on the repeal of this Act. 16 (2) In this section: 17 assets, rights and liabilities have the same meanings as in Part 8 of Schedule 4 18 to the Public Finance and Audit Act 1983. 19 [2] Section 7 Functions of the Board 20 Insert "(including any policies that are necessary to facilitate the dissolution of the Bureau)" 21 after "Bureau" in section 7 (a). 22 [3] Section 7, note 23 Insert at the end of section 7: 24 Note. Part 8 of Schedule 4 to the Public Finance and Audit Act 1983 provides for the 25 dissolution of the Bureau on the repeal of this Act. 26 [4] Schedule 3 Savings, transitional and other provisions 27 Insert "or any Act that amends this Act" after "this Act" in clause 1 (1). 28 2.4 Public Finance and Audit Act 1983 No 152 29 [1] Schedule 2 Statutory bodies 30 Omit "Internal Audit Bureau of New South Wales". 31 [2] Schedule 4 Savings, transitional and other provisions 32 Insert at the end of clause 1 (1): 33 Regulatory Reform and Other Legislative Repeals Act 2015 (but only to the extent 34 that it repeals the Internal Audit Bureau Act 1992 or amends this Act) 35 any other Act that amends this Act 36 Page 16 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 2 Consequential and other amendments related to repeal of Internal Audit Bureau Act 1992 [3] Schedule 4 1 Insert at the end of the Schedule: 2 Part 8 Provisions consequent on repeal of Internal Audit 3 Bureau Act 1992 by Regulatory Reform and Other 4 Legislative Repeals Act 2015 5 16 Definitions 6 In this Part: 7 assets means any legal or equitable estate or interest (whether present or 8 future, whether vested or contingent and whether personal or assignable) in 9 real or personal property of any description (including money), and includes 10 securities, choses in action and documents. 11 dissolution day means the day on which the Internal Audit Bureau Act 1992 is 12 repealed. 13 IAB means the Internal Audit Bureau of New South Wales constituted by the 14 Internal Audit Bureau Act 1992, as in force immediately before its repeal by 15 the Regulatory Reform and Other Legislative Repeals Act 2015. 16 instrument means an instrument (other than this Act or an instrument made 17 under this Act) or any other document that creates, modifies or extinguishes 18 rights or liabilities (or would do so if lodged, filed or registered in accordance 19 with any law), and includes any judgment, order, process or other instrument 20 issued by a court or tribunal. 21 liabilities means any liabilities, debts or obligations (whether present or future, 22 whether vested or contingent and whether personal or assignable). 23 rights means any rights, powers, privileges or immunities (whether present or 24 future, whether vested or contingent and whether personal or assignable). 25 17 Dissolution of Internal Audit Bureau 26 IAB is dissolved on the dissolution day. 27 18 Transfer of assets, rights and liabilities 28 (1) On the dissolution day, any assets, rights and liabilities of IAB immediately 29 before its dissolution by this Part are transferred to the Crown. 30 (2) On and from the dissolution day, the following provisions have effect in 31 relation to the transfer: 32 (a) the transferred assets vest in the Crown by virtue of this clause without 33 the need for any further conveyance, transfer, assignment or assurance, 34 (b) the transferred rights and liabilities become, by virtue of this clause, the 35 rights and liabilities of the Crown, 36 (c) all proceedings relating to the transferred assets, rights or liabilities 37 commenced before the dissolution day by or against IAB pending 38 immediately before the dissolution day are taken to be proceedings 39 pending by or against the Crown, 40 (d) any act, matter or thing done or omitted to be done in relation to the 41 transferred assets, rights or liabilities before the dissolution day by, to 42 or in respect of IAB is (to the extent to which that act, matter or thing 43 has any force or effect) taken to have been done or omitted by, to or in 44 respect of the Crown, 45 Page 17 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 2 Consequential and other amendments related to repeal of Internal Audit Bureau Act 1992 (e) the Crown has all the entitlements and obligations of IAB in relation to 1 the transferred assets, rights and liabilities that IAB would have had but 2 for the dissolution of IAB, whether or not those entitlements and 3 obligations were actual or potential at the time the dissolution took 4 effect. 5 19 Internal Audit Bureau of New South Wales Fund 6 On the dissolution day: 7 (a) the Internal Audit Bureau of New South Wales Fund in the Special 8 Deposits Account is closed, and 9 (b) any balance standing to the credit of the Fund is transferred to the 10 Crown. 11 20 Board of Management members to vacate office 12 A person who, immediately before the dissolution day, held office as a 13 member of the Board of Management established under section 6 of the 14 Internal Audit Bureau Act 1992: 15 (a) ceases to hold that office on the dissolution day, and 16 (b) is not entitled to any remuneration or compensation because of the loss 17 of that office. 18 21 Chief Executive of Internal Audit Bureau 19 The person who, immediately before the dissolution day, held office as the 20 Chief Executive of IAB or as acting Chief Executive: 21 (a) ceases to hold that office on the dissolution day, and 22 (b) is not entitled to any remuneration or compensation because of the loss 23 of that office. 24 22 Other staff 25 (1) On the dissolution day, the staff of IAB are transferred to The Treasury. 26 (2) A transfer under this clause does not require the consent of the person 27 transferred. 28 (3) A person who is transferred under this clause is (until other provision is duly 29 made under any Act or law) to be employed in accordance with any relevant 30 statutory provisions, awards, agreements and determinations that would have 31 applied to the person had the person remained a member of staff of IAB. 32 23 Effect of this Part on contracts, instruments and other matters 33 The operation of this Part is not to be regarded as: 34 (a) a breach of contract, trust or confidence or otherwise as a civil wrong, or 35 (b) a breach of any contractual provision prohibiting, restricting or 36 regulating the assignment or transfer of assets, rights or liabilities, or 37 (c) giving rise to any remedy by a party to an instrument, or as causing or 38 permitting the termination of, or exercise of rights under, any 39 instrument, or 40 (d) an event of default under any contract or other instrument. 41 Page 18 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 2 Consequential and other amendments related to repeal of Internal Audit Bureau Act 1992 24 Final annual report 1 The annual report for the year ending 30 June 2016 may be included in the 2 annual report of The Treasury for that year. 3 25 References to Internal Audit Bureau 4 Subject to the regulations, a reference in any other Act or instrument made 5 under any other Act or in any instrument of any kind to IAB is (to the extent 6 that it relates to the assets, rights and liabilities transferred to the Crown) to be 7 read on and from the dissolution day as being a reference to the Crown. 8 2.5 State Authorities Non-contributory Superannuation Act 1987 No 212 9 Schedule 1 Employers 10 Omit "Internal Audit Bureau of New South Wales" from Part 1. 11 2.6 State Authorities Superannuation Act 1987 No 211 12 Schedule 1 Employers 13 Omit "Internal Audit Bureau of New South Wales" from Part 1. 14 2.7 Superannuation Act 1916 No 28 15 Schedule 3 List of employers 16 Omit "Internal Audit Bureau of New South Wales" from Part 1. 17 Page 19 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 3 Other amendments consequent on repeals Schedule 3 Other amendments consequent on repeals 1 3.1 Crown Lands Act 1989 No 6 2 [1] Schedule 6 Transferred provisions 3 Insert after clause 1: 4 Part 2 Forestry (Darling Mills State Forest Revocation) Act 5 2005 6 2 Definitions 7 In this Part: 8 existing interest means an existing interest, within the meaning of section 7 of 9 the former Act: 10 (a) saved by the operation of section 7 (1), and 11 (b) current and in force under the Forestry Act 2012 immediately before the 12 repeal of the former Act. 13 former Act means the Forestry (Darling Mills State Forest Revocation) Act 14 2005, as in force immediately before its repeal. 15 [2] Schedule 6, new Part 2 16 Transfer sections 5-9 (except for sections 7 (4) and 9 (1)) of the Forestry (Darling Mills 17 State Forest Revocation) Act 2005 (which is repealed by section 3 of this Act) to Part 2 (as 18 inserted by item [1]), as clauses 3-7, respectively. 19 [3] Schedule 6, new clauses 3 and 4 (1) 20 Insert "to the former Act" after "Schedule 1" wherever occurring. 21 [4] Schedule 6, new clauses 3, 4 (1) and 7 22 Omit "the Crown Lands Act 1989" wherever occurring. Insert instead "this Act". 23 [5] Schedule 6, new clause 3 24 Omit "section 7". Insert instead "clause 5". 25 [6] Schedule 6, new clause 3 26 Insert after clause 3 (as inserted by item [2]): 27 Note. The land described in Schedule 1 to the Forestry (Darling Mills State Forest 28 Revocation) Act 2005 was formerly Darling Mills State Forest. Section 4 of the Forestry 29 (Darling Mills State Forest Revocation) Act 2005 revoked its dedication as a State 30 forest (and as part of a national forest) under the Forestry Act 1916. 31 [7] Schedule 6, new clause 4 (2) 32 Omit "of the Crown Lands Act 1989". 33 [8] Schedule 6, new clause 5 (1) and (3) 34 Omit "Forestry Act 1916" wherever occurring. Insert instead "Forestry Act 2012". 35 [9] Schedule 6, new clause 5 (2) and (3) 36 Omit "administering the Crown Lands Act 1989" wherever occurring. 37 Page 20 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 3 Other amendments consequent on repeals [10] Schedule 6, new clause 5 (3) 1 Omit "subsection". Insert instead "subclause". 2 [11] Schedule 6, new clauses 6 and 7 3 Omit "This Act" wherever occurring. Insert instead "This Part". 4 [12] Schedule 6, new clause 7 5 Omit "that Act". Insert instead "this Act". 6 [13] Schedule 6, clause 8 7 Insert after clause 7 (as inserted by item [2]): 8 8 Transferred provisions to which Interpretation Act 1987 applies 9 Clauses 3-7 re-enact (with minor modifications) sections 5-9 (except for 10 sections 7 (4) and 9 (1)) of the former Act and are transferred provisions to 11 which section 30A of the Interpretation Act 1987 applies. 12 3.2 Education Act 1990 No 8 13 Schedule 3 Savings, transitional and other provisions 14 Insert after Part 14: 15 Part 15 Provisions consequent on repeal of West 16 Scholarships Act 1930 by Regulatory Reform and 17 Other Legislative Repeals Act 2015 18 34 Definitions 19 In this Part: 20 assets means any legal or equitable estate or interest (whether present or 21 future, whether vested or contingent and whether personal or assignable) in 22 real or personal property of any description (including money), and includes 23 securities, choses in action and documents. 24 dissolution day means the day on which the Trust is dissolved by clause 35. 25 instrument means an instrument (other than this Act or an instrument made 26 under this Act) or any other document that creates, modifies or extinguishes 27 rights or liabilities (or would do so if lodged, filed or registered in accordance 28 with any law), and includes any judgment, order, process or other instrument 29 issued by a court or tribunal. 30 liabilities means any liabilities, debts or obligations (whether present or future, 31 whether vested or contingent and whether personal or assignable). 32 rights means any rights, powers, privileges or immunities (whether present or 33 future, whether vested or contingent and whether personal or assignable). 34 Trust means the trust administered by the West Scholarships Trustees. 35 trust assets means: 36 (a) any assets vested (whether absolutely or contingently) in, or otherwise 37 held by, the West Scholarships Trustees on behalf of the Trust 38 immediately before the dissolution day, and 39 (b) any assets purportedly vested (whether absolutely or contingently), or 40 otherwise held, in the name of the Trust instead of the West 41 Scholarships Trustees immediately before the dissolution day. 42 Page 21 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 3 Other amendments consequent on repeals trust liabilities means any of the liabilities of the Trust (including liabilities 1 enforceable against the West Scholarships Trustees) immediately before the 2 dissolution day. 3 trust rights means any rights of the Trust (including rights enforceable by the 4 West Scholarships Trustees) immediately before the dissolution day. 5 West Scholarships Trustees means the trustees holding office under the West 6 Scholarships Act 1930 immediately before the dissolution day. 7 35 Dissolution of Trust 8 (1) The Trust is dissolved on the repeal of the West Scholarships Act 1930 by the 9 Regulatory Reform and Other Legislative Repeals Act 2015. 10 (2) On the dissolution day, any trust assets, trust rights and trust liabilities are 11 transferred to the Crown. 12 (3) On and from the dissolution day, the following provisions have effect in 13 relation to the transfer of trust assets, trust rights and trust liabilities to the 14 Crown: 15 (a) the transferred assets vest in the Crown by virtue of this clause: 16 (i) without the need for any further conveyance, transfer, assignment 17 or assurance, and 18 (ii) free of any equitable estates, interests, rights or obligations that 19 attached to the assets immediately before the dissolution day by 20 reason of the Trust, 21 (b) the transferred rights and liabilities become, by virtue of this clause, the 22 rights and liabilities of the Crown, 23 (c) all proceedings relating to the transferred assets, rights or liabilities 24 commenced before the dissolution day by or against the West 25 Scholarships Trustees or any predecessors of those trustees pending 26 immediately before the dissolution day are taken to be proceedings 27 pending by or against the Crown, 28 (d) any act, matter or thing done or omitted to be done in relation to the 29 transferred assets, rights or liabilities before the dissolution day by, to 30 or in respect of the Trust is (to the extent to which that act, matter or 31 thing has any force or effect) taken to have been done or omitted by, to 32 or in respect of the Crown, 33 (e) the Crown has all the entitlements and obligations of the Trust and West 34 Scholarships Trustees in relation to the transferred assets, rights and 35 liabilities that the Trust or West Scholarships Trustees would have had 36 but for the dissolution of the Trust, whether or not those entitlements 37 and obligations were actual or potential at the time the dissolution took 38 effect. 39 (4) Any money transferred to the Crown by the operation of this clause is not 40 required to be paid into the Consolidated Fund and may be: 41 (a) held in any account operated by the West Scholarships Trustees 42 immediately before the dissolution day, or 43 (b) paid into another account operated by the Minister. 44 (5) The Minister may arrange for any money transferred to the Crown by the 45 operation of this clause to be provided to schools or bodies that the Minister is 46 satisfied will apply the money for the purpose of awards, on the basis of 47 academic achievement, to final year primary school students. 48 Page 22 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 3 Other amendments consequent on repeals (6) A person who, immediately before the dissolution of the Trust, held office as 1 a trustee for the purposes of the West Scholarships Act 1930 ceases to hold that 2 office on the dissolution day. 3 (7) Subject to the regulations, a reference in any other Act or instrument made 4 under any other Act or in any instrument of any kind to the Trust or the West 5 Scholarships Trustees is (to the extent that it relates to the assets, rights and 6 liabilities transferred to the Crown) to be read on and from the dissolution day 7 as being a reference to the Crown. 8 (8) No compensation is payable to any person or body in connection with the 9 transfer of any asset, right or liability, or the loss of any office, by operation of 10 this clause. 11 (9) The operation of this clause is not to be regarded as: 12 (a) a breach of contract, trust or confidence or otherwise as a civil wrong, or 13 (b) a breach of any contract or other instrument (including, without 14 limitation, any provision prohibiting, restricting or regulating the 15 assignment or transfer of assets, rights or liabilities), or 16 (c) an event of default under any contract or other instrument, or 17 (d) giving rise to any remedy by a party to a contract or other instrument, or 18 as causing or permitting the termination of, or exercise of rights under, 19 any contract or other instrument. 20 3.3 Housing Act 2001 No 52 21 [1] Schedule 4 22 Insert after Schedule 3: 23 Schedule 4 Transferred provisions--HomeFund 24 Restructuring Act 1993 25 [2] Schedule 4 26 Transfer Parts 1-4 (other than sections 1, 2, 4, 5, 18 (2), 22, 24 and 25) of the HomeFund 27 Restructuring Act 1993 (which is repealed by section 3 of this Act) to Schedule 4 (as 28 inserted by item [1]), as clauses 1 of Part 1, 2-5 of Part 2, 6 and 7 of Part 3 and 8-10 of 29 Part 4 and renumber each subclause number appropriately. 30 [3] Schedule 4, new clauses 1 and 8 31 Omit "this Act" and "This Act" wherever occurring. 32 Insert instead "this Schedule" and "This Schedule", respectively. 33 [4] Schedule 4, new clause 1 (1) 34 Insert in alphabetical order: 35 former Act means the HomeFund Restructuring Act 1993 (as in force 36 immediately prior to its repeal). 37 [5] Schedule 4, new clause 1 (1) 38 Omit the definition of New South Wales Land and Housing Corporation. 39 Page 23 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 3 Other amendments consequent on repeals [6] Schedule 4, new clause 1 (1), definition of "restructuring scheme" 1 Omit "section 6 and Schedule 1". 2 Insert instead "clause 2 and in Schedule 1 to the former Act". 3 [7] Schedule 4, new clauses 2 (1) and 6 (3) (a) 4 Insert "to the former Act" after "Schedule 1" wherever occurring. 5 [8] Schedule 4, new clause 2 (2) 6 Omit "of the Housing Act 2001". 7 [9] Schedule 4, new clauses 3 and 5 8 Omit "New South Wales Land and Housing Corporation" wherever occurring. 9 Insert instead "Corporation". 10 [10] Schedule 4, new clause 5 (2) 11 Omit "the Housing Act 2001, including its functions under section 9 (2) of that Act, as if the 12 restructuring scheme were a scheme managed under that Act". 13 Insert instead "this Act, including its functions under section 9 (2)". 14 [11] Schedule 4, new clause 6 (2) 15 Omit "Subsection". Insert instead "Subclause". 16 [12] Schedule 4, new clause 6 (3) 17 Omit "section". Insert instead "clause". 18 [13] Schedule 4, new clause 7 19 Omit "section 15 (1)" and "Section 15 (1)". 20 Insert instead "clause 6 (1)" and "Clause 6 (1)", respectively. 21 [14] Schedule 4, new clause 7 22 Omit the note. 23 [15] Schedule 4, clause 11 24 Insert after clause 10 (as inserted by item [2]): 25 11 Transferred provisions to which Interpretation Act 1987 applies 26 Clauses 1-10 re-enact (with minor modifications) sections 3, 6-9, 15-17, 27 18 (1) and 19 of the HomeFund Restructuring Act 1993 and are transferred 28 provisions to which section 30A of the Interpretation Act 1987 applies. 29 3.4 Insurance Protection Tax Act 2001 No 40 30 [1] Section 3 Definitions 31 Omit the definitions of premium, registered insurer and year. 32 Page 24 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 3 Other amendments consequent on repeals [2] Schedule 1 1 Insert at the end of the Act: 2 Schedule 1 Savings, transitional and other provisions 3 Part 1 General 4 1 Regulations 5 (1) The regulations may contain provisions of a savings or transitional nature 6 consequent on the enactment of this Act or any Act that amends this Act. 7 (2) Any such provision may, if the regulations so provide, take effect from the 8 date of assent to the Act concerned or a later date. 9 (3) To the extent to which any such provision takes effect from a date that is 10 earlier than the date of its publication on the NSW legislation website, the 11 provision does not operate so as: 12 (a) to affect, in a manner prejudicial to any person (other than the State or 13 an authority of the State), the rights of that person existing before the 14 date of its publication, or 15 (b) to impose liabilities on any person (other than the State or an authority 16 of the State) in respect of anything done or omitted to be done before the 17 date of its publication. 18 Part 2 Provisions consequent on enactment of Regulatory 19 Reform and Other Legislative Repeals Act 2015 20 2 Repeal of obsolete provisions relating to imposition and abolition of tax 21 An amendment made to this Act by the Regulatory Reform and Other 22 Legislative Repeals Act 2015 does not affect any liability to pay tax imposed 23 by this Act that arose before 1 July 2011 and this Act, as in force before that 24 amendment, continues to have effect in respect of any such liability. 25 3 Application of section 30 of Interpretation Act 1987 26 Nothing in this Part affects the application of section 30 of the Interpretation 27 Act 1987. 28 3.5 National Parks and Wildlife Act 1974 No 80 29 [1] Schedule 2 Revocation of reservation or dedication of certain land 30 Insert after Part 7: 31 Part 8 Revocations under the National Parks and Wildlife 32 (Adjustment of Areas) Act 2005 33 20 Definition 34 In this Part: 35 former Act means the National Parks and Wildlife (Adjustment of Areas) Act 36 2005, as in force immediately before its repeal. 37 Page 25 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 3 Other amendments consequent on repeals [2] Schedule 2, Part 8 1 Transfer sections 3-5 of the National Parks and Wildlife (Adjustment of Areas) Act 2005 2 (which is repealed by section 3 of this Act) to Part 8 (as inserted by item [1]), as 3 clauses 21-23. 4 [3] Schedule 2, new clauses 21 and 23 (2) and (3) 5 Omit "the National Parks and Wildlife Act 1974" wherever occurring. 6 Insert instead "this Act". 7 [4] Schedule 2, new clause 21 8 Insert "to the former Act" after "Schedule 1 or 2". 9 [5] Schedule 2, new clause 21, note 10 Insert at the end of the clause: 11 Note. The land described in Schedule 1 to the National Parks and Wildlife (Adjustment 12 of Areas) Act 2005 was formerly part of Botany Bay National Park. The lands described 13 in Schedule 2 to that Act were formerly part of Kosciuszko National Park, Lake Innes 14 Nature Reserve and South East Forest National Park. 15 [6] Schedule 2, new clauses 22 and 23 (1) and (4) 16 Omit "this Act" wherever occurring. Insert instead "the former Act". 17 [7] Schedule 2, new clause 22 18 Insert "to the former Act" after "Schedule 1". 19 [8] Schedule 2, new clause 23 (1), (2) (a) and (4) 20 Insert "to the former Act" after "Schedule 2" wherever occurring. 21 [9] Schedule 2, new clause 23 (1) and (5) 22 Omit "administering Part 11 of the National Parks and Wildlife Act 1974" wherever 23 occurring. 24 [10] Schedule 2, new clause 23 (1) 25 Omit "that Part". Insert instead "Part 11 of this Act". 26 [11] Schedule 2, new clause 23 (3) 27 Omit "subsection". Insert instead "subclause". 28 [12] Schedule 2, new clause 23 (3) 29 Omit "that Act" wherever occurring. Insert instead "this Act". 30 [13] Schedule 2, new clause 23 (5) 31 Omit "section". Insert instead "clause". 32 [14] Schedule 2, new clause 23 (5) 33 Omit "with the National Parks and Wildlife Act 1974". Insert instead "with this Act". 34 Page 26 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 3 Other amendments consequent on repeals [15] Schedule 2, clause 24 1 Insert after clause 23 (as inserted by item [2]): 2 24 Transferred provisions to which Interpretation Act 1987 applies 3 Clauses 21-23 re-enact (with minor modifications) sections 3-5 of the former 4 Act and are transferred provisions to which section 30A of the Interpretation 5 Act 1987 applies. 6 3.6 Supreme Court Act 1970 No 52 7 [1] Fourth Schedule, heading 8 Omit "and transitional". Insert instead ", transitional and other". 9 [2] Fourth Schedule 10 Insert at the end of the Schedule, with appropriate Part and clause numbering: 11 Part Provisions consequent on repeal of Transfer of 12 Records Act 1923 by Regulatory Reform and Other 13 Legislative Repeals Act 2015 14 Instruments to be registered in office of Registrar-General instead of Supreme 15 Court 16 (1) On and from 1 October 1925, all instruments of any nature that are required by 17 any Act to be registered, enrolled, recorded, filed or deposited in the Court, 18 and that do not relate exclusively to the business of the Court or any suit or 19 proceeding in the Court, are required to be registered, enrolled, recorded, filed 20 or deposited in the office of the Registrar-General in the same manner and 21 form as is required by that Act. 22 (2) All such registrations, enrolments, records, filings and deposits are in all 23 respects valid and have the same effect respectively to all intents and purposes 24 as if they had been made, done, had, taken or performed in the Court and the 25 Transfer of Records Act 1923 had not been passed. 26 (3) In this clause, Court includes the office of the Master in Equity or any other 27 officer of the Court. 28 (4) Subclauses (1)-(3) re-enact (with minor modifications) section 2 (3) and (5) 29 of the Transfer of Records Act 1923 and are transferred provisions to which 30 section 30A of the Interpretation Act 1987 applies. 31 Page 27 Regulatory Reform and Other Legislative Repeals Bill 2015 [NSW] Schedule 4 General savings, transitional and other provisions Schedule 4 General savings, transitional and other 1 provisions 2 1 Effect of amendment on instruments 3 Except where expressly provided to the contrary, any instrument made under an Act 4 amended by this Act, that is in force immediately before the commencement of the 5 amendment, is taken to have been made under the Act as amended. 6 2 Revocation of repeal 7 Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or 8 instruments, or provisions of Acts or instruments, by this Act. 9 3 Regulations 10 (1) The Governor may make regulations containing provisions of a savings or 11 transitional nature consequent on the enactment of this Act. 12 (2) Any such provision may, if the regulations so provide, take effect from the date of 13 assent to this Act or a later date. 14 (3) To the extent to which any such provision takes effect from a date that is earlier than 15 the date of its publication on the NSW legislation website, the provision does not 16 operate so as: 17 (a) to affect, in a manner prejudicial to any person (other than the State or an 18 authority of the State), the rights of that person existing before the date of its 19 publication, or 20 (b) to impose liabilities on any person (other than the State or an authority of the 21 State) in respect of anything done or omitted to be done before the date of its 22 publication. 23 Page 28

 


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