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This is a Bill, not an Act. For current law, see the Acts databases.
Statute Law (Miscellaneous
Provisions) Bill 2012
No , 2012
A Bill for
An Act to repeal certain Acts and instruments and to amend certain other Acts and
instruments in various respects and for the purpose of effecting statute law revision;
and to make certain savings.
Clause 1 Statute Law (Miscellaneous Provisions) Bill 2012
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 2012.
2 Commencement
(1) This Act commences on 6 July 2012 except as provided by
subsection (2).
(2) The amendments made by the Schedules to this Act commence on the
day or days specified in those Schedules in relation to the amendments
concerned. If a commencement day is not specified, the amendments
commence in accordance with subsection (1).
3 Explanatory notes
The matter appearing under the heading "Explanatory note" in any of
the Schedules does not form part of this Act.
Page 2
Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
Schedule 1 Minor amendments 1
1.1 Aboriginal Land Rights Act 1983 No 42 2
Schedule 4 Savings, transitional and other provisions 3
Omit "on or after 1 January 2013" from clause 45 (2). 4
Insert instead "on or after 1 July 2014". 5
Explanatory note 6
The proposed amendment to a transitional provision under the Aboriginal Land Rights 7
Act 1983 extends until 30 June 2014 the period during which a Local Aboriginal Land 8
Council can operate a social housing scheme (in existence on 1 July 2007) without an 9
approval of the New South Wales Aboriginal Land Council. 10
1.2 Animal Diseases (Emergency Outbreaks) Act 1991 No 73 11
Section 67 Delegation 12
Omit the following: 13
The Minister may, either generally or as otherwise provided by 14
the instrument of delegation in writing, delegate to the 15
Director-General, the Chief Veterinary Officer, a Deputy Chief 16
Veterinary Officer or a person prescribed by the regulations all or 17
any of the functions of the Minister under this Act. 18
Insert instead: 19
The Minister may, either generally or as otherwise provided by 20
the instrument of delegation in writing, delegate all or any of the 21
functions of the Minister under this Act (other than this power of 22
delegation) to any of the following persons: 23
(a) the Director-General, 24
(b) the Chief Veterinary Officer, 25
(c) a Deputy Chief Veterinary Officer, 26
(d) a member of staff of the Department, 27
(e) a person prescribed by the regulations. 28
Explanatory note 29
The proposed amendment to the Animal Diseases (Emergency Outbreaks) Act 1991 30
extends the class of persons to whom the Minister for Primary Industries may delegate 31
any of the Minister's functions under the Act so as to include members of staff of the 32
Department of Trade and Investment, Regional Infrastructure and Services. 33
Page 3
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 1 Minor amendments
1.3 Barangaroo Delivery Authority Act 2009 No 2 1
[1] Section 9 Board of Authority 2
Omit section 9 (2) (b). 3
[2] Section 9 (2) (d) 4
Omit "4 persons". Insert instead "5 persons". 5
[3] Schedule 1 Members and procedure of Board 6
Omit clause 8 (1). 7
Explanatory note 8
Item [1] of the proposed amendments to the Barangaroo Delivery Authority Act 2009 9
removes a requirement for the Secretary of the Treasury to be a member of the Board 10
of the Barangaroo Delivery Authority. Item [3] makes a consequential amendment. 11
Item [2] increases the number of persons that the Premier may appoint to the Board 12
from 4 to 5 persons. 13
1.4 Births, Deaths and Marriages Registration Act 1995 No 62 14
[1] Section 25F Definitions 15
Omit the definition of interstate Registrar. 16
[2] Section 31C Applications for change of name by or on behalf of 17
restricted person 18
Omit "an interstate Registrar" wherever occurring in section 31C (1) (b) 19
and (2) (b). 20
Insert instead "a registering authority". 21
[3] Section 31D Approval by supervising authority 22
Insert "or a registering authority" after "Registrar" wherever occurring in 23
section 31D (1)-(3). 24
[4] Section 31D (1)-(3) and (5) 25
Omit "the authority" wherever occurring. 26
Insert instead "the supervising authority". 27
[5] Section 31D (5) 28
Insert "or a registering authority" after "Registrar" where firstly occurring. 29
[6] Section 31D (5) (b) 30
Omit "or the interstate Registrar". Insert instead "or the registering authority". 31
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Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
[7] Section 31J Review by Administrative Decisions Tribunal of certain 1
decisions under this Part 2
Insert "or a registering authority" after "Registrar". 3
[8] Section 31K Appeals from decisions of Mental Health Review Tribunal 4
under this Part 5
Insert "or a registering authority" after "Registrar" in section 31K (1). 6
[9] Schedule 3 Savings, transitional and other provisions 7
Insert after Part 7: 8
Part 8 Provisions consequent on enactment of 9
Statute Law (Miscellaneous Provisions) 10
Act 2012 11
25 Reviews and appeals 12
(1) In this clause, amending Act means the Statute Law 13
(Miscellaneous Provisions) Act 2012. 14
(2) Sections 31J and 31K as amended by the amending Act extend to 15
decisions in relation to the making of an application to a 16
registering authority for a change of name that were made after 17
the commencement of those sections and before the 18
commencement of this clause. 19
(3) For the purpose only of determining the period within which an 20
application for a review may be made under section 31J, or an 21
appeal may be made under section 31K, in relation to a decision 22
referred to in subclause (2) that was made before the 23
commencement of this clause, the decision is taken to have been 24
made on the commencement of this clause. 25
Commencement 26
Items [1]-[6] of the amendments to the Births, Deaths and Marriages Registration Act 27
1995 are taken to have commenced on the commencement of the Births, Deaths and 28
Marriages Registration Amendment (Change of Name) Act 2012. 29
Explanatory note 30
Items [1], [2] and [6] of the proposed amendments to the Births, Deaths and Marriages 31
Registration Act 1995 (the Act) remove the definition of interstate Registrar from 32
section 25F and change references to that term in sections 31C and 31D to references 33
to a registering authority. The term interstate Registrar is not needed as it is defined 34
in exactly the same way as the term registering authority in section 4 (1) of the Act. 35
Items [3], [5], [7] and [8] insert references to a registering authority in sections 31D, 31J 36
and 31K of the Act where references to the Registrar (being the New South Wales 37
Registrar of Births, Deaths and Marriages) already appear. Section 31C of the Act 38
currently requires certain persons to obtain the consent of a supervising authority 39
before making an application to the New South Wales Registrar or to an interstate 40
Page 5
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 1 Minor amendments
Registrar for a change of name. The references to the interstate Registrar were 1
inadvertently omitted from certain provisions of sections 31D, 31J and 31K of the Act 2
which deal with the criteria for granting consent and provide appeal rights in relation to 3
decisions to refuse consent. 4
Item [4] makes a consequential amendment. 5
Item [9] makes it clear that the amendments to sections 31J and 31K of the Act in 6
relation to review and appeal rights extend to decisions made before the 7
commencement of those amendments and provides that, in such a case, the period for 8
making an application for the review of such a decision or appealing against it is to be 9
determined as if the decision had been made on the commencement of the item. 10
1.5 Crimes Act 1900 No 40 11
Section 93FA Possession, supply or making of explosives 12
Omit section 93FA (3). 13
Explanatory note 14
The proposed amendment to the Crimes Act 1900 corrects an oversight that occurred 15
when the maximum penalty for an offence under section 93FA of the Crimes Act 1900 16
was increased from imprisonment for 2 years to imprisonment for 3 years. Offences 17
having a maximum penalty of imprisonment of more than 2 years are generally 18
indictable offences. The proposed amendment omits a provision that states that the 19
offence is a summary offence only. The Criminal Procedure Act 1986 provides, on the 20
basis that the offence concerned is an indictable offence, that the offence is to be dealt 21
with summarily unless the prosecutor elects otherwise. 22
1.6 Environmental Planning and Assessment Act 1979 No 203 23
[1] Section 23G Joint regional planning panels 24
Insert "or the Director-General" after "Minister" where firstly occurring in 25
section 23G (2) (c). 26
[2] Section 23G (2) (c) 27
Insert "or the Director-General (as the case may be)" after "by the Minister". 28
[3] Section 89C Development that is State significant development 29
Omit "that is not declared under subsection (2)" from section 89C (3). 30
[4] Section 98A Appeal concerning security 31
Insert at the end of section 98A (1) (b): 32
or 33
(c) the failure or refusal of a council to release a security held 34
by it that has been provided in accordance with a condition 35
of a complying development certificate, 36
Page 6
Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
[5] Section 98A (3) 1
Insert "or (c)" after "subsection (1) (b)". 2
[6] Section 115ZI Modification of Minister's approval 3
Insert ", and includes an approval granted on the determination of a staged 4
infrastructure application" after "Part" in the definition of Minister's approval 5
in section 115ZI (1). 6
Explanatory note 7
Items [1] and [2] of the proposed amendments to the Environmental Planning and 8
Assessment Act 1979 (the Act) will enable joint regional planning panels to provide 9
advice about planning or development matters or environmental planning instruments 10
to the Director-General of the Department of Planning and Infrastructure, and not just 11
to the Minister for Planning and Infrastructure (the Minister) as is currently the case. 12
Item [3] of the proposed amendments will enable the Minister to make an order 13
declaring that the whole of particular development is State significant development 14
(SSD) even if part of the development is already SSD under a State environmental 15
planning policy. 16
Item [4] of the proposed amendments will enable a person who has provided security 17
to a council in accordance with a condition of a complying development certificate to 18
appeal to the Land and Environment Court if dissatisfied with the failure or refusal of 19
the council to release the security. Item [5] makes a consequential amendment. 20
Item [6] of the proposed amendments is intended to remove any doubt that a provision 21
of the Act under which the Minister may modify his or her approval of State significant 22
infrastructure also enables the Minister to modify his or her approval of a staged 23
infrastructure application under the Act. 24
1.7 Evidence (Audio and Audio Visual Links) Act 1998 No 105 25
Section 5 Application of Act 26
Omit section 5 (6). 27
Explanatory note 28
The proposed amendment removes a redundant provision from the Evidence (Audio 29
and Audio Visual Links) Act 1998 dealing with the application to child detainees of 30
provisions regulating the appearance of accused persons in court by audio visual link. 31
Those provisions formerly distinguished between child and adult detainees but were 32
amended in 2007 to remove the distinction and provide the same rules for both adult 33
and child detainees. 34
The redundant provision was previously required to make it clear that the adult 35
detainee provisions did not apply to child detainees but is no longer required now that 36
the provisions have been standardised for both children and adults. 37
Page 7
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 1 Minor amendments
1.8 Exhibited Animals Protection Act 1986 No 123 1
Section 27 Applications 2
Insert after section 27 (3A) (g): 3
(h) any other matter that the Director-General considers 4
relevant. 5
Explanatory note 6
The proposed amendment to the Exhibited Animals Protection Act 1986 makes it clear 7
that the Director-General of the Department of Trade and Investment, Regional 8
Infrastructure and Services may, when considering an application for an authority 9
under the Act, consider such other matters as the Director-General considers relevant 10
in addition to the matters specified in section 27 (3A) of that Act. 11
1.9 Explosives Act 2003 No 39 12
[1] Section 36 Regulations 13
Insert after section 36 (2) (a) (i): 14
(ia) the security clearances required to be held by 15
persons who handle explosives or explosive 16
precursors, 17
[2] Section 36 (2A) 18
Insert after section 36 (2): 19
(2A) Sections 13 and 24 apply in respect of any security clearances 20
required to be held under the regulations in the same way as they 21
apply in respect of licences. 22
Explanatory note 23
The proposed amendments to the Explosives Act 2003 (the Act) relate to a proposal 24
to rename "unsupervised handling licences", which are currently granted under the Act, 25
as "security clearances". An unsupervised handling licence is more accurately 26
described as a security clearance because it does not, by itself, authorise a person to 27
handle explosives or explosive precursors. It enables a person to handle explosives or 28
explosive precursors (unsupervised) under the authority of another licence granted 29
under the Act. Unsupervised handling licences are granted only after appropriate police 30
checks have been carried out. 31
Item [1] makes it clear that the regulations under the Act can provide for the security 32
clearances to be held by persons who handle explosives or explosive precursors. The 33
amendment is for avoidance of doubt only, as the Act already provides that the 34
regulations may make provision for or with respect to the control and regulation of 35
explosives and explosive precursors, including the handling of explosives or explosive 36
precursors. 37
Item [2] provides that the current provisions of the Act relating to police check 38
arrangements for licences, and appeals against licence decisions, apply to security 39
clearances in the same way as they apply to licences. This ensures that the proposed 40
change in name of unsupervised handling licences has no effect on existing 41
arrangements for police checks and appeals. 42
Page 8
Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
1.10 Firearms Act 1996 No 46 1
[1] Section 4D Special provisions relating to imitation firearms 2
Omit section 4D (1) (a). Insert instead: 3
(a) the Commissioner may not issue a licence authorising the 4
possession or use of an imitation firearm (except to a 5
firearms dealer) but may issue a permit authorising the 6
possession or use of an imitation firearm, 7
[2] Section 25 Surrender and seizure of firearms when licence surrendered 8
or revoked 9
Insert "A police officer is also authorised to seize the licence itself." after "in 10
force." in section 25 (2). 11
[3] Section 30 General provisions relating to permits 12
Insert "A police officer is also authorised to seize the permit itself." after "in 13
force." in section 30 (7). 14
Explanatory note 15
Item [1] of the proposed amendments to the Firearms Act 1996 removes regulatory 16
duplication by enabling firearm dealers to possess or otherwise deal with imitation 17
firearms under the authority of a firearms dealer licence rather than having to obtain a 18
separate permit for imitation firearms. The amendment also resolves an anomaly with 19
section 43 of the Act which prohibits a firearms dealer from possessing firearms (which 20
includes imitation firearms) unless authorised to do so by a firearms dealer licence. 21
Items [2] and [3] of the proposed amendments authorise police officers to seize 22
licences and permits that are suspended or revoked or have otherwise ceased to be in 23
force. The Act currently requires a person, if his or her licence or permit is suspended, 24
revoked or otherwise ceases to be in force, to surrender any firearms in the person's 25
possession along with the licence or permit. However, police officers are currently only 26
authorised to seize the person's firearms. 27
1.11 Fisheries Management Act 1994 No 38 28
[1] Section 163 Grant of aquaculture lease 29
Omit "in the Gazette and in a newspaper circulating in the area in which the 30
land is situated," from section 163 (7A) (a). 31
Insert instead "in the Gazette and on the website of the Department". 32
[2] Section 170 Lessee may fence leased area in certain cases 33
Insert after section 170 (5): 34
(5A) A reference in this section to a fence on a leased area includes 35
(but is not limited to) a reference to a barrier or other structure 36
located in or on the area to prevent, or dissipate the force of, 37
waves entering the area. 38
Page 9
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 1 Minor amendments
[3] Section 177 Power of Minister to cancel leases in certain cases 1
Insert "or no aquaculture is being undertaken in the area" after "was granted" 2
in section 177 (1) (a). 3
[4] Section 191 Regulations 4
Insert after section 191 (m): 5
(m1) applications and eligibility for, and subdivisions, transfers 6
or other dealings involving, aquaculture leases, 7
Explanatory note 8
Item [1] of the proposed amendments to the Fisheries Management Act 1994 (the Act) 9
provides for a notice of an application for an aquaculture lease to be published in the 10
Gazette and on the website of the Department of Trade and Investment, Regional 11
Infrastructure and Services instead of in the Gazette and a newspaper circulating 12
locally (as is currently the case). 13
Item [2] of the proposed amendments makes it clear that the Minister may authorise 14
the use of fencing in the leased area of an aquaculture lease for the purpose of creating 15
a wave barrier. 16
Item [3] of the proposed amendments makes it clear that the Minister may cancel an 17
aquaculture lease if no aquaculture is being undertaken in the leased area. 18
Item [4] of the proposed amendments makes it clear that the regulations may make 19
provision for or with respect to applications and eligibility for, and subdivisions, 20
transfers or other dealings involving, aquaculture leases. 21
1.12 Health Care Complaints Act 1993 No 105 22
[1] Section 4 Definitions 23
Omit "and nursing services" from paragraph (a) of the definition of health 24
service. 25
Insert instead ", nursing and midwifery services". 26
[2] Section 4, definition of "health service" 27
Omit paragraphs (i) and (j). Insert instead: 28
(i) services provided in connection with Aboriginal and 29
Torres Strait Islander health practices and medical 30
radiation practices, 31
(j) Chinese medicine, chiropractic, occupational therapy, 32
optometry, osteopathy, physiotherapy, podiatry and 33
psychology services, 34
(j1) optical dispensing, dietitian, massage therapy, 35
naturopathy, acupuncture, speech therapy, audiology and 36
audiometry services, 37
Page 10
Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
Commencement 1
Item [2] of the amendments to the Health Care Complaints Act 1993 (the Act) 2
commences, or is taken to have commenced, on 1 July 2012. 3
Explanatory note 4
Item [1] of the proposed amendments to the Act amends the definition of health 5
service to reflect that nursing services are recognised as distinct from midwifery 6
services under the Health Practitioner Regulation National Law (NSW), which 7
commenced on 1 July 2010. 8
Item [2] updates the terminology in the definition of health service in the Act to make 9
its language consistent with the terminology in the Health Practitioner Regulation 10
National Law (NSW). 11
1.13 Health Records and Information Privacy Act 2002 No 71 12
[1] Section 4 Definitions 13
Omit "and nursing services" from paragraph (a) of the definition of health 14
service in section 4 (1). 15
Insert instead ", nursing and midwifery services". 16
[2] Section 4 (1), definition of "health service" 17
Omit paragraphs (i) and (j). Insert instead: 18
(i) services provided in connection with Aboriginal and 19
Torres Strait Islander health practices and medical 20
radiation practices, 21
(j) Chinese medicine, chiropractic, occupational therapy, 22
optometry, osteopathy, physiotherapy, podiatry and 23
psychology services, 24
(j1) optical dispensing, dietitian, massage therapy, 25
naturopathy, acupuncture, speech therapy, audiology and 26
audiometry services, 27
Commencement 28
Item [2] of the amendments to the Health Records and Information Privacy Act 2002 29
(the Act) commences, or is taken to have commenced, on 1 July 2012. 30
Explanatory note 31
Item [1] of the proposed amendments to the Act amends the definition of health 32
service to reflect that nursing services are recognised as distinct from midwifery 33
services under the Health Practitioner Regulation National Law (NSW), which 34
commenced on 1 July 2010. 35
Item [2] updates the terminology in the definition of health service in the Act to make 36
its language consistent with the terminology in the Health Practitioner Regulation 37
National Law (NSW). 38
Page 11
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 1 Minor amendments
1.14 Health Services Act 1997 No 154 1
Section 116 Employment of staff generally 2
Omit "health support services" from section 116 (1) (d). 3
Insert instead "services". 4
Explanatory note 5
The proposed amendment to the Health Services Act 1997 is consequential on the 6
amendment of sections 126B and 126G of the Health Services Act 1997 by the Health 7
Services Amendment (Local Health Networks) Act 2010. 8
1.15 Heritage Act 1977 No 136 9
Section 37 Action by Heritage Council on Minister's decision 10
Insert after section 37 (3): 11
(4) Publication in the Gazette before 24 March 2012 of the 12
Minister's decision to direct a listing on the State Heritage 13
Register is (for the purposes of this section) deemed to be (and 14
always to have been) publication in the Gazette of notice of the 15
listing. 16
Explanatory note 17
The proposed amendment to the Heritage Act 1977 removes any doubt that items 18
listed on the State Heritage Register before 24 March 2012 are validly listed, despite a 19
technical error that may have occurred in the form of words used to give notice of the 20
listing. 21
1.16 Home Building Act 1989 No 147 22
[1] Sections 20 (1), (3) and (6), 25 (1) and (3), 31 and 40 (1), (2), (2A), (2B), 23
(2E), (3) and (4) 24
Omit "reject" wherever occurring. Insert instead "refuse". 25
[2] Sections 20 (6) (a), 40 (2B) and 51 (2) (d) 26
Omit "rejected" wherever occurring. Insert instead "refused". 27
[3] Section 40 Renewal or restoration of authorities 28
Omit section 40 (2) (a). 29
[4] Section 48K Jurisdiction of Tribunal in relation to building claims 30
Omit section 48K (7). Insert instead: 31
(7) The Tribunal does not have jurisdiction in respect of a building 32
claim arising from a breach of a statutory warranty implied under 33
Part 2C if the date on which the claim is lodged is after the end of 34
Page 12
Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
the period within which proceedings for a breach of the statutory 1
warranty must be commenced (as provided by section 18E). 2
[5] Sections 56 (k) and 57 (g) 3
Omit "rejecting" wherever occurring. Insert instead "refusing". 4
[6] Schedule 4 Savings and transitional provisions 5
Insert at the end of clause 116: 6
(2) A provision included in an insurance contract for the purpose of 7
giving effect to clause 53 (3) of the Home Building Regulation 8
1997 is taken to be modified to the extent necessary to give effect 9
to clause 63 (3) of the Home Building Regulation 2004 as 10
amended by the amending Act. 11
(3) The modification of a provision of an insurance contract effected 12
by this clause is taken to have had effect from the commencement 13
of the contract concerned. 14
(4) The amendment by the amending Act of clause 63 of the Home 15
Building Regulation 2004 (the clause 63 amendment) is taken to 16
have had effect from the commencement of that Regulation. 17
Clause 53 of the Home Building Regulation 1997 is taken to have 18
been amended (from its commencement) to the same effect as the 19
clause 63 amendment. 20
(5) Nothing in this clause affects the liability of an insurer for a claim 21
that was made under a policy of insurance before the date of 22
assent to the amending Act, whether or not the claim was 23
finalised before that date. 24
(6) For the purposes of this clause, a claim for a loss was not made 25
under a policy of insurance merely because the insurer is taken to 26
have been notified of that loss by operation of clause 63 (3) of the 27
Home Building Regulation 2004, clause 53 (3) of the Home 28
Building Regulation 1997 or a provision included in an insurance 29
contract for the purpose of giving effect to either of those clauses. 30
Commencement 31
Item [6] of the amendments to the Home Building Act 1989 commences on the date of 32
assent to this Act. 33
Explanatory note 34
Items [1], [2] and [5] of the proposed amendments to the Home Building Act 1989 make 35
the language of the licensing and certification provisions of that Act consistent with the 36
language of the relevant provisions of the Licensing and Registration (Uniform 37
Procedures) Act 2002. The Licensing and Registration (Uniform Procedures) Act 2002 38
is the Act that applies uniform procedures to various licensing and registration schemes 39
under the Home Building Act 1989. 40
Page 13
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 1 Minor amendments
Item [3] of the proposed amendments deletes a ground for rejecting an application 1
under that Act because the ground concerns one of the aspects of the application 2
process that has been transferred from that Act to the Licensing and Registration 3
(Uniform Procedures) Act 2002. The deleted ground is a vestige of the application 4
scheme under the Home Building Act 1989 prior to the introduction of the licensing and 5
registration (uniform procedures) scheme and is now redundant. 6
Item [4] of the proposed amendments aligns the period for the making of a claim in the 7
Consumer, Trader and Tenancy Tribunal in respect of a breach of a statutory warranty 8
under the Home Building Act 1989 with the period within which proceedings for the 9
breaching of a statutory claim must be brought. The amendment is consequential on 10
amendments made in 2011 that caused the periods to become misaligned. 11
Item [6] of the proposed amendments makes it clear that an existing transitional 12
provision that operates to extend an amendment made in 2011 to policies of insurance 13
written before the amendment commenced is not limited to policies written under the 14
Home Building Regulation 2004 (the 2004 Regulation) and applies also to earlier 15
policies written under the Home Building Regulation 1997 (the 1997 Regulation). The 16
2004 Regulation replaced the 1997 Regulation under the staged repeal program. 17
1.17 Interpretation Act 1987 No 15 18
[1] Section 30B Effect of amendment of instrument by an Act 19
Omit "a statutory rule". Insert instead "an instrument". 20
[2] Section 30B 21
Omit "another statutory rule". Insert instead "another instrument". 22
[3] Section 30C Automatic repeal of amending Acts that have commenced 23
Omit "an item" from paragraph (b) of the definition of amending Act in 24
section 30C (1). 25
Insert instead "a provision". 26
[4] Section 30C (1), paragraph (b) of the definition of "amending Act" 27
Insert "apart from ancillary provisions" after "other provisions". 28
[5] Section 49 Delegation of functions 29
Insert "by or" after "is delegated" in section 49 (8). 30
[6] Section 49 (8) (b) 31
Omit the paragraph. Insert instead: 32
(b) the person for the time being occupying or acting in the 33
office concerned is taken to be the delegator or delegate (as 34
the case requires). 35
Explanatory note 36
Items [5] and [6] of the proposed amendments to the Interpretation Act 1987 confirm 37
existing case law to the effect that a delegation by an office holder generally continues 38
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Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
to have effect even though the person who made the delegation has ceased to hold the 1
relevant office. Like other provisions in the Interpretation Act 1987, this provision will 2
apply to a particular Act or instrument, except in so far as the contrary intention appears 3
in that Act or instrument. 4
Items [1] and [2] of the proposed amendments ensure that the amendment by an Act 5
of any statutory instrument (not just a regulation or other statutory rule) does not 6
prevent its later amendment or repeal by a later statutory instrument. 7
Items [3] and [4] of the proposed amendments are technical amendments clarifying the 8
automatic repeal of amending Acts after their commencement. 9
1.18 Liquor Act 2007 No 90 10
[1] Section 144C Committing a prescribed offence 11
Insert at the end of section 144C (1) (b): 12
, or 13
(c) a penalty notice enforcement order under the Fines Act 14
1996 is made against the person in respect of the offence. 15
[2] Section 144C (2) 16
Omit the subsection. Insert instead: 17
(2) However, if: 18
(a) the conviction is overturned on appeal, or 19
(b) the person elects, after an amount is paid under the penalty 20
notice, to have the offence dealt with by a court, or 21
(c) the penalty notice, or the penalty notice enforcement order 22
to the extent that it applies to the penalty notice, is 23
withdrawn or annulled, 24
any strike based on the conviction, penalty notice or enforcement 25
order is revoked and any remedial action taken as the result of the 26
strike ceases to have effect. 27
[3] Schedule 1 Savings and transitional provisions 28
Insert after Part 7: 29
Part 8 Provisions consequent on enactment of 30
Statute Law (Miscellaneous Provisions) 31
Act 2012 32
34 Operation of amendments to Part 9A 33
(1) The amendment made by the amending Act to section 144C (1) 34
applies to a penalty notice enforcement order that is made after 35
the commencement of the amending Act whether or not the 36
Page 15
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 1 Minor amendments
prescribed offence in respect of which the order is made was 1
committed before or after that commencement. 2
(2) Section 144C (2), as substituted by the amending Act, extends to 3
strikes that have been incurred before the commencement of the 4
amending Act. 5
(3) In this clause, amending Act means the Statute Law 6
(Miscellaneous Provisions) Act 2012. 7
Explanatory note 8
Under Part 9A of the Liquor Act 2007, a strike is or may be incurred in relation to a liquor 9
licence under the 3 strikes disciplinary system if the licensee or manager of the 10
premises to which the licence relates commits an offence specified in that Part. For the 11
purposes of that Part, an offence is committed if a court convicts the person for the 12
offence or an amount is paid under a penalty notice in respect of the offence. Part 9A 13
also provides that, if the conviction is overturned on appeal, any strike based on the 14
conviction is revoked and any remedial action taken as a result of the strike (for 15
example, imposition of licence conditions) ceases to have effect. 16
Item [1] of the proposed amendments provides that an offence for the purposes of 17
Part 9A of the Liquor Act 2007 is also committed if a penalty notice enforcement order 18
under the Fines Act 1996 is made in respect of the offence. Such enforcement orders 19
may be made by the State Debt Recovery Office generally if the amount under a 20
penalty notice is not paid or the person alleged to have committed the offence has not 21
elected to have the matter dealt with by a court. Item [3] provides that the amendment 22
made by item [1] will only apply to penalty notice enforcement orders made after the 23
commencement of the amendment. 24
Item [2] of the proposed amendments provides that, if a person elects, after paying an 25
amount under a penalty notice for an offence, to have the matter dealt with by a court 26
or if a penalty notice or enforcement order issued or made in respect of the offence is 27
withdrawn or annulled, then any strike based on the penalty notice or enforcement 28
order will be revoked and any remedial action taken as a result of the strike will cease 29
to have effect. Item [3] provides that the amendment made by item [2] extends to strikes 30
that have already been incurred. 31
1.19 Motor Vehicle Repairs Act 1980 No 71 32
[1] Long title 33
Omit "and loss assessors". 34
[2] Section 66 Education and Research Fund 35
Omit "or loss assessors' work" from section 66 (2) (b). 36
Explanatory note 37
The proposed amendments to the Motor Vehicle Repairs Act 1980 remove references 38
to the scheme relating to licensing of loss assessors, which, as a consequence of 39
amendments by the Regulatory Reduction Act 1996, no longer exists. 40
Page 16
Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
1.20 Motor Vehicles Taxation Act 1988 No 111 1
Schedule 1 Motor vehicle tax for 2010 2
Omit "$594" from clause 5. Insert instead "$564". 3
Commencement 4
The amendment to the Motor Vehicles Taxation Act 1988 is taken to have commenced 5
on 1 July 2010. 6
Explanatory note 7
The proposed amendment to the Motor Vehicles Taxation Act 1988 reduces the 8
amount of motor vehicle tax payable in relation to certain motor lorries exceeding 9
2,500 kg by $30. The amount of the tax was increased by $30 in error on 1 July 2010. 10
However, this increase has never been charged. Accordingly, the proposed 11
amendment is taken to have commenced on 1 July 2010. 12
1.21 National Parks and Wildlife Act 1974 No 80 13
[1] Section 21 Delegation 14
Insert after section 21 (1) (c1): 15
(c2) the Chairperson of the Environment Protection Authority, 16
or 17
(c3) a member of staff of the Office of the Environment 18
Protection Authority, or 19
[2] Section 21 (2) (b1) and (b2): 20
Insert after section 21 (2) (b): 21
(b1) the Chairperson of the Environment Protection Authority, 22
or 23
(b2) a member of staff of the Office of the Environment 24
Protection Authority, or 25
[3] Section 192 Penalty notice for certain offences 26
Insert after paragraph (b) of the definition of prescribed person in 27
section 192 (1): 28
(b1) the Chairperson of the Environment Protection Authority, 29
or 30
(b2) a member of staff of the Office of the Environment 31
Protection Authority, or 32
Explanatory note 33
The proposed amendments to the National Parks and Wildlife Act 1974 (the NPW Act) 34
are necessary to enable the head and staff of the newly established Office of the 35
Environment Protection Authority to continue to exercise functions formerly exercised 36
by those staff as members of staff of the Department of Premier and Cabinet. 37
Page 17
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 1 Minor amendments
Items [1] and [2] of the proposed amendments enable the Minister and the 1
Director-General of the Department of Premier and Cabinet to delegate their functions 2
under the NPW Act to the head and members of staff of the Office of the Environment 3
Protection Authority. 4
Item [3] of the proposed amendments enables the head and members of staff of the 5
Office of the Environment Protection Authority to issue penalty notices for certain 6
offences under the NPW Act or the Threatened Species Conservation Act 1995. 7
1.22 Petroleum (Onshore) Act 1991 No 84 8
[1] Section 11 Making of applications for petroleum titles 9
Insert ", facsimile or electronically" after "post". 10
[2] Section 11 11
Insert ", or may be made electronically as approved by the Director-General" 12
after "Director-General". 13
[3] Section 69D Matters for which access arrangement to provide 14
Omit "the NSW Minerals Council" wherever occurring in section 69D (1A) 15
and (2A). 16
Insert instead "Australian Petroleum Production and Exploration Association 17
Limited". 18
Explanatory note 19
Items [1] and [2] of the proposed amendments to the Petroleum (Onshore) Act 1991 20
allow applications for petroleum titles to be delivered or forwarded to the 21
Director-General of the Department of Trade and Investment, Infrastructure and 22
Services by facsimile or electronically, or made electronically as approved by the 23
Director-General. Currently, applications for petroleum titles can only be sent to the 24
Director-General by post. 25
Item [3] of the proposed amendments corrects references to the relevant peak body for 26
the petroleum industry. 27
1.23 Plantations and Reafforestation Act 1999 No 97 28
[1] Section 17A Notification of change in ownership or management of 29
plantation 30
Omit section 17A (1). Insert instead: 31
(1) If there is a change in the ownership of the whole or part of a 32
plantation that was authorised before that change in ownership, 33
the former owner must give notice to the Minister in accordance 34
with this section within 28 days after the change in ownership. 35
Page 18
Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
[2] Schedule 3 Savings, transitional and other provisions 1
Insert at the end of the Schedule (with appropriate Part and clause numbers): 2
Part Provision consequent on enactment of 3
Statute Law (Miscellaneous Provisions) 4
Act 2012 5
Application of amendment 6
Section 17A (as in force before its amendment by the Statute Law 7
(Miscellaneous Provisions) Act 2012) continues to apply in 8
relation to changes of ownership that occurred before the 9
commencement of the amendment to that section. 10
Explanatory note 11
Item [1] of the proposed amendments to the Plantations and Reafforestation Act 1999 12
requires the former owner of an authorised plantation, rather than the new owner, to 13
notify the Minister for Primary Industries of the change in the ownership. 14
Item [2] of the proposed amendments makes provision for a transitional matter 15
consequent on the enactment of the proposed amendment made by item [1]. 16
1.24 Public Health (Tobacco) Act 2008 No 94 17
Section 5 Meaning of "health warning" 18
Omit "Part 4 of the Trade Practices (Consumer Product Information 19
Standards) (Tobacco) Regulations 2004 made under the Trade Practices 20
Act 1974". 21
Insert instead "Parts 2 and 9 of the Competition and Consumer (Tobacco) 22
Information Standard 2011 made under the Competition and Consumer 23
Act 2010". 24
Explanatory note 25
The proposed amendment to the Public Health (Tobacco) Act 2008 updates a 26
reference to Commonwealth legislation to require the display of health warnings on 27
tobacco packaging to comply with the relevant requirements of the applicable Standard 28
made under the Competition and Consumer Act 2010 of the Commonwealth instead of 29
requirements under a repealed Regulation. 30
1.25 Residential Tenancies Act 2010 No 42 31
[1] Section 62 Definitions 32
Omit "not owned by" from the definition of urgent repairs. 33
Insert instead "that are owned by a person other than". 34
Page 19
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 1 Minor amendments
[2] Section 88 Termination notices for non-payment of rent 1
Insert ", unless the Tribunal makes a termination order on the basis that the 2
tenant has frequently failed to pay rent on time" after "landlord" in 3
section 88 (3). 4
[3] Section 107 Landlord's remedies on abandonment 5
Insert "This subsection does not apply in the case of a fixed term agreement 6
that provides for the payment of a break fee." after "steps." in section 107 (2). 7
[4] Section 107 (3) 8
Omit "limited to". 9
[5] Section 107 (3) 10
Omit "such a limitation". Insert instead "the payment of a break fee". 11
[6] Section 139 Social housing tenants to pay charges for water 12
Omit section 139 (7). 13
[7] Section 159 Payment of bonds 14
Omit "or receive" from section 159 (2). 15
[8] Section 217 Disputes about listings 16
Insert ", or is proposed to be," after "has been" in section 217 (1). 17
[9] Section 217 (2) (a) 18
Insert "or that has been listed on the database for longer than the applicable 19
period specified in section 218 (1)" after "out-of-date". 20
[10] Section 223 Service of notices or other documents 21
Omit "at the person's residential or business address" from section 223 (1) 22
(a) (i). 23
Explanatory note 24
Item [1] of the proposed amendments to the Residential Tenancies Act 2010 (the Act) 25
makes its clear that urgent repairs do not include work needed to repair premises that 26
are owned by someone other than the landlord or head landlord. 27
Item [2] further provides for the information that must be included in a non-payment 28
termination notice issued to a tenant by a landlord. Such a notice must currently inform 29
the tenant that he or she is not required to vacate the premises if all the rent is paid. 30
The amendment provides that the notice will now also have to inform the tenant that he 31
or she may be required to vacate the residential premises, despite having paid all the 32
rent owing, if the Consumer, Trader and Tenancy Tribunal (the Tribunal) makes a 33
termination order on the basis that the tenant has frequently failed to pay rent owing on 34
the premises. 35
Page 20
Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
Items [3]-[5] clarify the operation of a provision relating to compensation that a tenant 1
is required to pay to the landlord where the tenant ends the residential tenancy 2
agreement before the end of the fixed term so that, if the agreement provides for the 3
payment of a specified break fee, the tenant must pay the full amount of the break fee 4
and the landlord is not required to mitigate the landlord's loss. 5
Item [6] provides that all social housing tenants will now be required to pay water usage 6
charges in accordance with Ministerial guidelines. Currently, some social housing 7
tenants are required to pay for water usage in accordance with the general water usage 8
provision in section 39 of the Act if the tenancy agreement concerned so provides. 9
Item [7] enables a landlord or landlord's agent to receive a rental bond from a tenant 10
before the tenant signs the residential tenancy agreement. It remains an offence for a 11
landlord or landlord's agent to require a rental bond from a tenant before a residential 12
tenancy agreement is signed by the tenant. 13
Item [8] provides that a person may apply to the Tribunal for an order that personal 14
information about the person not be listed in a residential tenancy database before the 15
information has been listed. Item [9] enables the Tribunal to order that personal 16
information about a person be removed from a residential tenancy database if that 17
information has been listed in the database for longer than the period allowed under 18
the Act (usually 3 years). 19
Item [10] provides that a notice or other document under the Act can be served on a 20
natural person by delivering it to the person personally, whether or not at the person's 21
residential or business address. 22
1.26 Subordinate Legislation Act 1989 No 146 23
[1] Section 10A Certain statutory rules to remain in force 24
Omit section 10A (1), (1A) (b)-(d) and (h) and (2). 25
[2] Section 10A (3) 26
Omit the subsection. Insert instead: 27
(3) Despite the other provisions of this Part, the following statutory 28
rules remain in force until 1 September 2013, unless sooner 29
repealed: 30
(a) Electricity Supply (General) Regulation 2001, 31
(b) Employment Protection Regulation 2001, 32
(c) Environmental Planning and Assessment Regulation 33
2000, 34
(d) Fisheries Management (Aquatic Reserves) Regulation 35
2002, 36
(e) Gas Supply (Natural Gas Retail Competition) Regulation 37
2001, 38
(f) Industrial Relations (General) Regulation 2001, 39
(g) Road Transport (Safety and Traffic Management) 40
Regulation 1999. 41
Page 21
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 1 Minor amendments
Explanatory note 1
The proposed amendments to the Subordinate Legislation Act 1989 (the Act) have the 2
effect of keeping a number of regulations in force for a further period of one year after 3
the date on which they would otherwise be repealed by the Act. However, any of the 4
regulations may be repealed sooner by other legislation. 5
This is necessary as the regulations have each been postponed on at least 6
5 occasions, and are now due to be repealed by the Act on 1 September 2012. 7
Each of the regulations continues to be required and the repeal of each of the 8
regulations is to be further postponed until 1 September 2013 for the following reasons: 9
(a) The Ministerial Council on Energy is currently undertaking a national energy 10
market reform program which is expected to result in significant regulatory 11
changes to areas that are dealt with by the Electricity Supply (General) 12
Regulation 2001 and the Gas Supply (Natural Gas Retail Competition) 13
Regulation 2001. It is therefore proposed to await these changes before 14
remaking these regulations. 15
(b) The Department of Finance and Services is proposing to undertake a full review 16
of the Industrial Relations Act 1996 and the Employment Protection Act 1982 as 17
a consequence of the operation of the Fair Work Act 2009 of the 18
Commonwealth and the referral of certain matters relating to industrial relations 19
to the Commonwealth. In light of this, it is considered to be premature to remake 20
the Employment Protection Regulation 2001 and the Industrial Relations 21
(General) Regulation 2001. 22
(c) The Department of Trade and Investment, Regional Infrastructure and Services 23
is participating in a scientific audit of marine parks and aquatic reserves. It is 24
therefore proposed to postpone the repeal of the Fisheries Management 25
(Aquatic Reserves) Regulation 2002 until that audit, and any legislative 26
changes flowing from it, are completed. 27
(d) Transport for NSW is currently preparing to consolidate road transport 28
legislation. As part of that consolidation the matters dealt with by the Road 29
Transport (Safety and Traffic Management) Regulation 1999 will be included in 30
a general road transport regulation. It is therefore proposed to await that 31
consolidation rather than remaking the regulation before 1 September 2012. 32
It is noted that the Environmental Planning and Assessment Amendment (Part 3A 33
Repeal) Act 2011 postponed the repeal of the Environmental Planning and 34
Assessment Regulation 2000 until 1 September 2013. 35
1.27 Water Management Act 2000 No 92 36
[1] Section 54 Harvestable rights orders 37
Omit "in the head office of the Department" from section 54 (6). 38
Insert instead "by the Department". 39
[2] Section 54 (7) 40
Omit "head office of the Department and at the regional office". 41
Insert instead "appropriate regional office of the Department". 42
Page 22
Statute Law (Miscellaneous Provisions) Bill 2012
Minor amendments Schedule 1
[3] Section 254 Definitions 1
Omit "deposited in the head office of" from the definition of Hunter Valley. 2
Insert instead "held by". 3
Explanatory note 4
The proposed amendments to the Water Management Act 2000 update (as a 5
consequence of departmental restructuring) references to the places where certain 6
maps are held and available for inspection so that they no longer refer to the head office 7
of the Department. 8
1.28 Water Management Amendment Act 2008 No 73 9
[1] Schedule 4 Amendments relating to access licences 10
Omit "may notify" from section 71W (3) of the Water Management Act 2000 11
(as inserted by Schedule 4 [5]). 12
Insert instead "must notify". 13
[2] Schedule 4 [5] 14
Omit "withdrawn." from section 71W (3) (b) of the Water Management Act 15
2000 (as inserted by Schedule 4 [5]). 16
Insert instead: 17
withdrawn, 18
if that is the case. 19
Explanatory note 20
The proposed amendments to the Water Management Amendment Act 2008 amend 21
an uncommenced amendment to the Water Management Act 2000 (the principal Act) 22
so as to require (rather than allow) the holder of an approval for a water supply work 23
under the principal Act to notify the Minister that the work has been nominated as a 24
work from which water credited to the interstate equivalent of an access licence may 25
be taken, or that such a nomination has been withdrawn, if that is the case. 26
1.29 Work Health and Safety Act 2011 No 10 27
Schedule 4 Savings, transitional and other provisions 28
Omit "clause" from clause 1 (5). Insert instead "subclause". 29
Explanatory note 30
The proposed amendment to the Work Health and Safety Act 2011 corrects a 31
cross-reference error and makes it clear that certain limitations applying to savings and 32
transitional regulations that amend the Work Health and Safety Act 2011 apply only to 33
those regulations and not to other savings and transitional regulations under that Act. 34
Page 23
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law 1
revision 2
2.1 Aboriginal Land Rights Regulation 2002 3
Clause 83A (2) 4
Insert "New South Wales" before "Electoral Commission's". 5
Explanatory note 6
The proposed amendment clarifies a reference. 7
2.2 Anti-Discrimination Act 1977 No 48 8
Section 122B (1) (b) 9
Omit "section 4H". Insert instead "section 124". 10
Explanatory note 11
The proposed amendment updates a cross-reference. 12
2.3 Betting Tax Act 2001 No 43 13
Schedule 4 14
Renumber Divisions 1-4 as Parts 1-4, respectively. 15
Explanatory note 16
The proposed amendment corrects numbering. 17
2.4 Bland Local Environmental Plan 2011 18
Clause 6.6 19
Renumber subclause (3) where secondly occurring as subclause (4). 20
Explanatory note 21
The proposed amendment corrects duplicate numbering. 22
2.5 Catchment Management Authorities Act 2003 No 104 23
Section 30A (1) (a) 24
Omit "adaptive environmental water under". 25
Insert instead "licensed environmental water within the meaning of section 8 26
of". 27
Explanatory note 28
The proposed amendment updates a reference as a consequence of changes made to 29
the Water Management Act 2000 by the Water Management Amendment Act 2010. 30
Page 24
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments by way of statute law revision Schedule 2
2.6 Children and Young Persons (Care and Protection) Act 1998 1
No 157 2
Section 14 (4) 3
Omit "the Adoption Information Act 1990". 4
Insert instead "Chapter 8 of the Adoption Act 2000". 5
Explanatory note 6
The proposed amendment updates a cross-reference. 7
2.7 Civil Liability Act 2002 No 22 8
Sections 5E and 5G (1) 9
Omit "determining" wherever occurring. 10
Insert instead "proceedings relating to". 11
Explanatory note 12
The proposed amendment makes language used in the Civil Liability Act 2002 13
consistent with phrasing used elsewhere in that Act. 14
2.8 Coastal Protection Act 1979 No 13 15
Section 4B (1) and (2) 16
Omit "the Department," wherever occurring. 17
Insert instead "that Department,". 18
Explanatory note 19
The proposed amendment clarifies references to a Department. 20
2.9 Coffs Harbour City Centre Local Environmental Plan 2011 21
Clause 4.4 (2B) 22
Omit "sqaure" from the formula. Insert instead "square". 23
Explanatory note 24
The proposed amendment corrects a typographical error. 25
2.10 Conveyancing (General) Regulation 2008 26
Clauses 53 (1) (u), 54 (k) and 55 (k) 27
Omit "Country Energy Gas Pty Limited" wherever occurring. 28
Insert instead "Envestra (NSW) Pty Limited". 29
Explanatory note 30
The proposed amendment updates the name of a company. 31
Page 25
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 2 Amendments by way of statute law revision
2.11 Co-operatives (Adoption of National Law) Act 2012 No 29 1
[1] Appendix Co-operatives National Law 2
Renumber paragraphs (a)-(f) where secondly occurring in section 444 (3) as 3
paragraphs (m)-(r), respectively. 4
[2] Appendix, Schedule 4 5
Renumber paragraphs (c) and (d) of the definition of calendar month in 6
clause 12 (1) as paragraphs (a) and (b), respectively. 7
Explanatory note 8
The proposed amendments correct numbering. 9
2.12 Crimes (Administration of Sentences) Act 1999 No 93 10
Section 106ZA (e) (v) 11
Omit "and" where lastly occurring. 12
Explanatory note 13
The proposed amendment omits a redundant word. 14
2.13 Electricity (Consumer Safety) Act 2004 No 4 15
[1] Section 43 (1) 16
Omit "Section 73A (Enforcement of undertakings) of the Fair Trading 17
Act 1987". 18
Insert instead "Section 218 (Regulator may accept undertakings) of the 19
Australian Consumer Law (NSW)". 20
[2] Section 43 (1) 21
Omit "under the Fair Trading Act 1987". Insert instead "under that Law". 22
[3] Section 43 (1), note 23
Omit "Section 73A of the Fair Trading Act 1987". 24
Insert instead "Section 218 of the Australian Consumer Law (NSW)". 25
[4] Section 43 (1), note 26
Omit "under that Act". Insert instead "under that Law". 27
[5] Section 43 (2) 28
Omit "section 73A of the Fair Trading Act 1987". 29
Insert instead "section 218 of the Australian Consumer Law (NSW)". 30
Page 26
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendments update cross-references. 2
2.14 Environmental Planning and Assessment Act 1979 No 203 3
Section 74D, note 4
Omit the first sentence of the note. 5
Explanatory note 6
The proposed amendment omits references to repealed provisions. 7
2.15 Environmental Planning and Assessment Regulation 2000 8
Schedule 3, clause 4 (2) (a) 9
Omit "Sydney Regional Environmental Plan No 11--Penrith Lakes Scheme". 10
Insert instead "State Environmental Planning Policy (Penrith Lakes 11
Scheme) 1989". 12
Explanatory note 13
The proposed amendment updates a reference to an environmental planning 14
instrument. 15
2.16 Health Care Complaints Act 1993 No 105 16
Section 41A (5), paragraph (b) of the definition of "relevant offence" 17
Omit "Trade Practices Act 1974". 18
Insert instead "Competition and Consumer Act 2010". 19
Explanatory note 20
The proposed amendment updates a reference to a Commonwealth Act. 21
2.17 Health Services Act 1997 No 154 22
[1] Section 126G (2) and (3) 23
Omit "Trade Practices Act 1974" wherever occurring. 24
Insert instead "Competition and Consumer Act 2010". 25
[2] Schedule 4, clause 3 (2) (c) 26
Omit "service". Insert instead "local health district". 27
Explanatory note 28
Item [1] of the proposed amendments updates references to a Commonwealth Act. 29
Item [2] updates a reference as a consequence of changes made by the Health 30
Services Amendment (Local Health Districts and Boards) Act 2011. 31
Page 27
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 2 Amendments by way of statute law revision
2.18 Home Building Regulation 2004 1
Clauses 46 (2) (g) and 58 (1) (g) 2
Omit "airconditioning" wherever occurring. Insert instead "air-conditioning". 3
Explanatory note 4
The proposed amendment makes the spelling of a word consistent. 5
2.19 Kogarah Local Environmental Plan 1998 6
Clause 24, Land use exceptions table 7
Omit "32 Jubillee Avenue, Carlton" from the column headed "Address". 8
Insert instead "32 Jubilee Avenue, Carlton". 9
Explanatory note 10
The proposed amendment corrects a typographical error. 11
2.20 Lake Macquarie Local Environmental Plan 2004 12
Clause 61 (4) 13
Omit "that Schedule". Insert instead "that Part". 14
Explanatory note 15
The proposed amendment updates a cross-reference. 16
2.21 Local Government Act 1993 No 30 17
Schedule 8, Part 35 Provisions consequent on enactment of Local 18
Government Amendment Act 2012 19
Omit the Part. 20
Explanatory note 21
The Bill for the Local Government Amendment Act 2012 was amended during passage 22
through Parliament. The amendment made some savings and transitional provisions in 23
the Bill redundant. The proposed amendment repeals those redundant provisions. 24
2.22 Maitland Local Environmental Plan 2011 25
Schedule 5, Part 2 26
Omit "heritage map" from the heading to the second column. 27
Insert instead "Heritage Map". 28
Explanatory note 29
The proposed amendment corrects a typographical error. 30
Page 28
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments by way of statute law revision Schedule 2
2.23 Mental Health (Forensic Provisions) Act 1990 No 10 1
Section 51 (1) (a) 2
Omit "or under section 29". 3
Explanatory note 4
The proposed amendment removes a redundant cross-reference. 5
2.24 Murray Local Environmental Plan 2011 6
Clause 4.1A (3) 7
Omit "Strata Schemes (Leasehold Development) Act 1973". 8
Insert instead "Strata Schemes (Leasehold Development) Act 1986". 9
Explanatory note 10
The proposed amendment corrects the citation of an Act. 11
2.25 Non-Indigenous Animals Act 1987 No 166 12
Section 18 (1) (b) 13
Omit "licensed premises do". Insert instead "licensed accommodation does". 14
Explanatory note 15
The proposed amendment corrects terminology. 16
2.26 Penrith Local Environmental Plan No 201 (Rural Lands) 17
Clause 41 (2), definition of "fruit and vegetable store" 18
Omit "confectionary". Insert instead "confectionery". 19
Explanatory note 20
The proposed amendment corrects a typographical error. 21
2.27 Poisons and Therapeutic Goods Act 1966 No 31 22
Section 16 (1) (a2) 23
Omit "or" where lastly occurring. 24
Explanatory note 25
The proposed amendment omits a redundant word. 26
2.28 Probate and Administration Act 1898 No 13 27
[1] Section 42 (3) 28
Omit "as in section 32". 29
Insert instead "as referred to in section 51 of the Succession Act 2006". 30
Page 29
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 2 Amendments by way of statute law revision
[2] Section 153 (1) (a) 1
Omit the paragraph. 2
Explanatory note 3
Item [1] of the proposed amendments updates a cross-reference as a consequence of 4
the enactment of the Succession Act 2006. 5
Item [2] of the proposed amendments removes a redundant provision as a 6
consequence of amendments made by the Succession Amendment (Intestacy) 7
Act 2009. 8
2.29 Property, Stock and Business Agents (Qualifications) Order 9
2009 10
Clauses 9 (a) (ii), 17 (a) (ii), 23 (a) (ii) and 27 (a) (ii) 11
Omit "property" wherever occurring. 12
Explanatory note 13
The proposed amendment corrects the names of units of competency. 14
2.30 Protection of the Environment Operations (Clean Air) 15
Regulation 2010 16
Schedule 4 17
3
Omit "0.1 ng/m3". Insert instead "0.1 ng/m ". 18
Explanatory note 19
The proposed amendment corrects a typographical error. 20
2.31 Racing Administration Act 1998 No 114 21
[1] Section 22 (2) (c) 22
Insert "a" before "declared". 23
[2] Section 23 (1) 24
Omit "event". Insert instead "events". 25
Explanatory note 26
The proposed amendments correct grammatical errors. 27
2.32 Radiation Control Regulation 2003 28
Schedule 1, Group 2 29
Omit "C136" and "T1204". Insert instead "Cl36" and "Tl204", respectively. 30
Explanatory note 31
The proposed amendment corrects typographical errors. 32
Page 30
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments by way of statute law revision Schedule 2
2.33 Richmond Valley Local Environmental Plan 2012 1
Clause 6.9 (4) (a) 2
Omit "advserse". Insert instead "adverse". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.34 Road Transport (General) Regulation 2005 6
Clauses 28 (4) and 29A (4) 7
Omit "under subclause (4)" wherever occurring. 8
Insert instead "under subclause (3)". 9
Explanatory note 10
The proposed amendment corrects references. 11
2.35 Road Transport (Vehicle Registration) Act 1997 No 119 12
[1] Section 17B (2) (b) 13
Omit "clause 3 (c) of Schedule 1". Insert instead "clause 3 (d) of Schedule 1". 14
[2] Section 17B (2) (c) 15
Omit "clause 9 of Schedule 1". Insert instead "clause 5 of Schedule 1". 16
Explanatory note 17
The proposed amendments update cross-references to the Motor Vehicles Taxation 18
Act 1988. 19
2.36 Security Industry Act 1997 No 157 20
[1] Schedule 2, Part 6, heading 21
Omit "Miscellaneous Provisions". 22
Insert instead "(Miscellaneous Provisions)". 23
[2] Schedule 2, Part 6, clause 20 24
Omit "Miscellaneous Provisions". 25
Insert instead "(Miscellaneous Provisions)". 26
Explanatory note 27
The proposed amendments correct typographical errors. 28
Page 31
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 2 Amendments by way of statute law revision
2.37 State Environmental Planning Policy (Sydney Region 1
Growth Centres) 2006 2
[1] Clause 7 3
Insert at the end of the table to the clause: 4
Schofields Precinct, North West Appendix 7
Growth Centre
[2] Clause 21 (4) (f) 5
Insert after clause 21 (4) (e): 6
(f) the Schofields Precinct. 7
Explanatory note 8
The proposed amendments make amendments consequential on amendments made 9
by the State Environmental Planning Policy (Sydney Region Growth Centres) 10
Amendment (Schofields Precinct) 2012. 11
2.38 Superannuation Act 1916 No 28 12
Sections 61RF (1) and 61RG (1) 13
Omit "37A" wherever occurring. Insert instead "37B". 14
Explanatory note 15
The proposed amendment corrects cross-references. 16
2.39 Threatened Species Conservation Act 1995 No 101 17
Schedule 1, Part 4 18
Omit "Lord House Is." from the matter relating to Rhipidura fuliginosa under 19
the headings Animals, Vertebrates, Birds and Rhipiduridae. 20
Insert instead "Lord Howe Is.". 21
Explanatory note 22
The proposed amendment corrects a spelling error. 23
2.40 University of Wollongong By-law 2005 24
Clause 16 (1) (d) 25
Omit "external persons". 26
Insert instead "not academic or non-academic staff members, or 27
undergraduate or postgraduate students, of the University". 28
Page 32
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendment updates terminology as a consequence of amendments 2
made by the Universities Governing Bodies (University of Wollongong) Order 2012. 3
2.41 Walsh Bay Development (Special Provisions) Act 1999 No 3 4
Section 11 5
Omit "sections 96 (6)". Insert instead "sections 97AA". 6
Commencement 7
The amendment commences on the date of assent to this Act. 8
Explanatory note 9
The proposed amendment updates a cross-reference. 10
2.42 Water Sharing Plan for the Adelong Creek Water Source 11
2003 12
Clause 21 13
Omit "Environmental health water" wherever occurring. 14
Insert instead "Planned environmental water". 15
Explanatory note 16
The proposed amendment updates and makes consistent terminology relating to 17
environmental water. 18
2.43 Water Sharing Plan for the Apsley River Water Source 2003 19
Clause 21 20
Omit "Environmental health water" wherever occurring. 21
Insert instead "Planned environmental water". 22
Explanatory note 23
The proposed amendment updates and makes consistent terminology relating to 24
environmental water. 25
2.44 Water Sharing Plan for the Castlereagh River above 26
Binnaway Water Source 2003 27
Clause 21 28
Omit "Environmental health water" wherever occurring. 29
Insert instead "Planned environmental water". 30
Explanatory note 31
The proposed amendment updates and makes consistent terminology relating to 32
environmental water. 33
Page 33
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 2 Amendments by way of statute law revision
2.45 Water Sharing Plan for the Commissioners Waters Water 1
Source 2003 2
Clause 21 3
Omit "Environmental health water" wherever occurring. 4
Insert instead "Planned environmental water". 5
Explanatory note 6
The proposed amendment updates and makes consistent terminology relating to 7
environmental water. 8
2.46 Water Sharing Plan for the Dorrigo Plateau Surface Water 9
Source and Dorrigo Basalt Groundwater Source 2003 10
Clause 22 (1)-(3) and (5) 11
Omit "Environmental health water" wherever occurring. 12
Insert instead "Planned environmental water". 13
Explanatory note 14
The proposed amendment updates and makes consistent terminology relating to 15
environmental water. 16
2.47 Water Sharing Plan for the Intersecting Streams Unregulated 17
and Alluvial Water Sources 2011 18
[1] Clause 66 (2) 19
Renumber paragraphs (e) and (f) as paragraphs (c) and (d), respectively. 20
[2] Clause 73 (e) 21
Omit "(e) and/or (f)". Insert instead "(c) and/or (d)". 22
[3] Clause 77 23
Renumber subclause (4) where secondly occurring and subclause (5) as 24
subclauses (5) and (6), respectively. 25
Explanatory note 26
Items [1] and [3] of the proposed amendments correct provision numbering. Item [2] 27
corrects cross-references. 28
Page 34
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments by way of statute law revision Schedule 2
2.48 Water Sharing Plan for the Jilliby Jilliby Creek Water Source 1
2003 2
Clause 21 3
Omit "Environmental health water" wherever occurring. 4
Insert instead "Planned environmental water". 5
Explanatory note 6
The proposed amendment updates and makes consistent terminology relating to 7
environmental water. 8
2.49 Water Sharing Plan for the Kangaroo River Water Source 9
2003 10
Clause 21 11
Omit "Environmental health water" wherever occurring. 12
Insert instead "Planned environmental water". 13
Explanatory note 14
The proposed amendment updates and makes consistent terminology relating to 15
environmental water. 16
2.50 Water Sharing Plan for the Karuah River Water Source 2003 17
Clause 21 18
Omit "Environmental health water" wherever occurring. 19
Insert instead "Planned environmental water". 20
Explanatory note 21
The proposed amendment updates and makes consistent terminology relating to 22
environmental water. 23
2.51 Water Sharing Plan for the Lower Murray Shallow 24
Groundwater Source 2012 25
Clauses 38 (1) (b) and 51 (1) (c) (i) and (d) 26
Omit "Minster" wherever occurring. Insert instead "Minister". 27
Explanatory note 28
The proposed amendment corrects spelling errors. 29
Page 35
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 2 Amendments by way of statute law revision
2.52 Water Sharing Plan for the Lower Murray-Darling 1
Unregulated and Alluvial Water Sources 2011 2
[1] Clause 61 (2) (c) 3
Omit "amendeded". Insert instead "amended". 4
[2] Part 11, Division 1, heading 5
Omit "Access licences". Insert instead "General". 6
Explanatory note 7
Item [1] of the proposed amendments corrects a typographical error. 8
Item [2] of the proposed amendments corrects a heading. 9
2.53 Water Sharing Plan for the Mandagery Creek Water Source 10
2003 11
Clause 21 12
Omit "Environmental health water" wherever occurring. 13
Insert instead "Planned environmental water". 14
Explanatory note 15
The proposed amendment updates and makes consistent terminology relating to 16
environmental water. 17
2.54 Water Sharing Plan for the Murray Unregulated and Alluvial 18
Water Sources 2011 19
Clause 51 (2) (d) 20
Omit "sources, or". Insert instead "sources.". 21
Explanatory note 22
The proposed amendment omits a redundant word. 23
2.55 Water Sharing Plan for the New South Wales Murray and 24
Lower Darling Regulated Rivers Water Sources 2003 25
Clause 15 (7) (a) 26
Omit "Aditional". Insert instead "Additional". 27
Explanatory note 28
The proposed amendment corrects a spelling error. 29
Page 36
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments by way of statute law revision Schedule 2
2.56 Water Sharing Plan for the NSW Great Artesian Basin 1
Groundwater Sources 2008 2
[1] Clause 4 (1) 3
Insert "as shown on" before "the registered map". 4
[2] Clause 15 (2) (a) 5
Omit "equivalant". Insert instead "equivalent". 6
Explanatory note 7
Item [1] of the proposed amendments inserts missing words. 8
Item [2] of the proposed amendments corrects a spelling error. 9
2.57 Water Sharing Plan for the NSW Great Artesian Basin 10
Shallow Groundwater Sources 2011 11
[1] Clause 4 (4) (d) 12
Omit "below Binnaway". Insert instead "(below Binnaway)". 13
[2] Clause 57 (5) 14
Renumber paragraph (d) as paragraph (c). 15
[3] Clause 57 16
Renumber subclause (7) as subclause (6). 17
Explanatory note 18
Item [1] of the proposed amendments corrects the citation of an instrument. 19
Items [2] and [3] correct provision numbering. 20
2.58 Water Sharing Plan for the NSW Murray Darling Basin 21
Fractured Rock Groundwater Sources 2011 22
[1] Clause 4 (13) (i) 23
Omit "below Binnaway". Insert instead "(below Binnaway)". 24
[2] Clause 16 (2) (a) (vii) 25
Omit "Plan Orange". Insert instead "Orange". 26
[3] Clause 16 (2) (a) (vii) 27
Insert "Plan" after "at the commencement of this". 28
[4] Clause 16 (2) (a) (ix) 29
Omit "Plan in the". Insert instead "in the". 30
Page 37
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 2 Amendments by way of statute law revision
[5] Clause 16 (2) (a) (ix) 1
Insert "Plan" after "at the commencement of this". 2
[6] Clause 51 (2) (c) 3
Renumber subparagraph (iv) where secondly occurring as subparagraph (v). 4
[7] Schedule 3, clause 2, Table B 5
Omit "north-wast". Insert instead "north-west". 6
[8] Schedule 3, clause 2, Table B 7
Omit "esast". Insert instead "east". 8
[9] Schedule 3, clause 2, Table B 9
Omit "27 north-east". Insert instead "27 km north-east". 10
Explanatory note 11
The proposed amendments correct typographical errors. 12
2.59 Water Sharing Plan for the NSW Murray Darling Basin 13
Porous Rock Groundwater Sources 2011 14
[1] Clause 4 (8) (i) 15
Omit "below Binnaway". Insert instead "(below Binnaway)". 16
[2] Clause 4 (8) (j) 17
Omit "Murray-Darling". Insert instead "NSW Murray Darling". 18
[3] Clause 5 (1) (a) and (b), notes 19
Omit "seperated" wherever occurring. Insert instead "separated". 20
[4] Clause 16 (2) (a) (iii), note 21
Omit "rainfalll". Insert instead "rainfall". 22
[5] Clause 51 (2) (b) (vi) and (c) (iv) 23
Omit "comparision" wherever occurring. Insert instead "comparison". 24
[6] Clause 51 (2) (c) 25
Renumber subparagraph (iv) where secondly occurring as subparagraph (v). 26
Page 38
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments by way of statute law revision Schedule 2
[7] Clause 52 (1) 1
Renumber paragraphs (c)-(l) as paragraphs (b)-(k), respectively. 2
Explanatory note 3
The proposed amendments correct typographical errors. 4
2.60 Water Sharing Plan for the Ourimbah Creek Water Source 5
2003 6
Clause 21 7
Omit "Environmental health water" wherever occurring. 8
Insert instead "Planned environmental water". 9
Explanatory note 10
The proposed amendment updates and makes consistent terminology relating to 11
environmental water. 12
2.61 Water Sharing Plan for the Phillips Creek, Mooki River, 13
Quirindi Creek and Warrah Creek Water Sources 2003 14
Clause 21 15
Omit "Environmental health water" wherever occurring. 16
Insert instead "Planned environmental water". 17
Explanatory note 18
The proposed amendment updates and makes consistent terminology relating to 19
environmental water. 20
2.62 Water Sharing Plan for the Tarcutta Creek Water Source 21
2003 22
Clause 21 (1) and (2) 23
Omit "Environmental health water" wherever occurring. 24
Insert instead "Planned environmental water". 25
Explanatory note 26
The proposed amendment updates and makes consistent terminology relating to 27
environmental water. 28
2.63 Water Sharing Plan for the Tenterfield Creek Water Source 29
2003 30
Clause 21 31
Omit "Environmental health water" wherever occurring. 32
Insert instead "Planned environmental water". 33
Page 39
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 2 Amendments by way of statute law revision
Explanatory note 1
The proposed amendment updates and makes consistent terminology relating to 2
environmental water. 3
2.64 Water Sharing Plan for the Toorumbee Creek Water Source 4
2003 5
Clause 18 6
Omit "Environmental health water" wherever occurring. 7
Insert instead "Planned environmental water". 8
Explanatory note 9
The proposed amendment updates and makes consistent terminology relating to 10
environmental water. 11
2.65 Water Sharing Plan for the Upper Billabong Water Source 12
2003 13
Clause 21 14
Omit "Environmental health water" wherever occurring. 15
Insert instead "Planned environmental water". 16
Explanatory note 17
The proposed amendment updates and makes consistent terminology relating to 18
environmental water. 19
2.66 Water Sharing Plan for the Upper Brunswick River Water 20
Source 2003 21
Clause 21 22
Omit "Environmental health water" wherever occurring. 23
Insert instead "Planned environmental water". 24
Explanatory note 25
The proposed amendment updates and makes consistent terminology relating to 26
environmental water. 27
2.67 Water Sharing Plan for the Wandella Creek Water Source 28
2003 29
Clause 21 30
Omit "Environmental health water" wherever occurring. 31
Insert instead "Planned environmental water". 32
Page 40
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendment updates and makes consistent terminology relating to 2
environmental water. 3
2.68 Water Sharing Plan for the Wybong Creek Water Source 4
2003 5
Clause 22 (1) and (3) 6
Omit "Environmental health water" wherever occurring. 7
Insert instead "Planned environmental water". 8
Explanatory note 9
The proposed amendment updates and makes consistent terminology relating to 10
environmental water. 11
2.69 Waverley Local Environmental Plan 1996 12
Schedule 2 13
Omit the following: 14
relic means: 15
(a) any deposit, object or material evidence (which may 16
consist of human remains) relating to the use or settlement 17
of the area of Waverley, not being Aboriginal habitation, 18
which is more than 50 years old, or 19
(b) any deposit, object or material evidence (which may 20
consist of human remains) relating to Aboriginal 21
habitation of the area of Waverley; whether before or after 22
its occupation by persons of European extraction. 23
Explanatory note 24
The proposed amendment removes a superseded definition. 25
2.70 Work Health and Safety Regulation 2011 26
[1] Schedule 18A 27
Omit "74 (7)" from the matter relating to offences under the Act. 28
Insert instead "72 (7)". 29
[2] Schedule 18A 30
Omit "169" from the matter relating to offences under the Regulation. 31
Insert instead "160". 32
Explanatory note 33
The proposed amendments correct typographical errors. 34
Page 41
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 3 Amendments to forms consequential on amendment of Oaths Act 1900
Schedule 3 Amendments to forms consequential on 1
amendment of Oaths Act 1900 2
Explanatory note 3
The proposed amendments are consequential on an amendment to the Oaths 4
Act 1900 requiring a person witnessing a statutory declaration or affidavit to certify, in 5
accordance with the regulations made under that Act, that he or she has complied with 6
requirements relating to the identification of the person who has made the declaration 7
or affidavit. The proposed amendments update forms for statutory declarations and 8
affidavits that are set out in regulations by inserting (with appropriate modifications) the 9
certificate that is set out in Schedule 1 to the Oaths Regulation 2011. 10
3.1 Amendments to forms for statutory declarations witnessed 11
by Justices of the Peace only 12
[1] Parliamentary Electorates and Elections Regulation 2008 13
Insert before "(For Office use only)" in Form 20 of Schedule 1: 14
Certificate under section 34 (1) (c) of Oaths Act 1900 15
*Please cross out any text that does not apply 16
I [insert name of witness], a Justice of the Peace, certify the following matters 17
concerning the making of this statutory declaration by the person who made it: 18
1 *I saw the face of the person or *I did not see the face of the person 19
because the person was wearing a face covering, but I am satisfied that 20
the person had a special justification for not removing the covering. 21
2 *I have known the person for at least 12 months or *I have confirmed 22
the person's identity using an identification document and the document 23
I relied on was [describe identification document relied on]. 24
[insert signature of witness] 25
Date: 26
[2] Other Regulations 27
Each Regulation specified in Column 1 of the table to this item is amended by 28
inserting the following at the end of the provision specified opposite in 29
Column 2 of that table: 30
Certificate under section 34 (1) (c) of Oaths Act 1900 31
*Please cross out any text that does not apply 32
I [insert name of witness], a Justice of the Peace, certify the following matters 33
concerning the making of this statutory declaration by the person who made it: 34
1 *I saw the face of the person or *I did not see the face of the person 35
because the person was wearing a face covering, but I am satisfied that 36
the person had a special justification for not removing the covering. 37
Page 42
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments to forms consequential on amendment of Oaths Act 1900 Schedule 3
2 *I have known the person for at least 12 months or *I have confirmed 1
the person's identity using an identification document and the document 2
I relied on was [describe identification document relied on]. 3
[insert signature of witness] 4
Date: 5
Column 1 Column 2
Agricultural Industry Services Regulation 2009 Schedule 1, Form 6
Architects Regulation 2004 Schedule 3, Form 2
Confiscation of Proceeds of Crime Regulation 2010 Schedule 1, Form 3
Election Funding, Expenditure and Disclosures Schedule 1
Regulation 2009
Local Government (General) Regulation 2005 Schedule 11, Form 1
Ports and Maritime Administration Regulation 2007 Schedule 2, Form 2
Rural Lands Protection Regulation 2010 Schedule 2, Form 1
3.2 Amendments to forms for other statutory declarations or for 6
affidavits 7
[1] Dust Diseases Tribunal Regulation 2007 8
Insert at the end of Part 8 of Form 1 of Schedule 2: 9
Certificate under section 34 (1) (c) of Oaths Act 1900 10
*Please cross out any text that does not apply 11
I [insert name of authorised witness], a [insert qualification to be authorised 12
witness], certify the following matters concerning the making of this statutory 13
declaration by the person who made it: 14
1 *I saw the face of the person or *I did not see the face of the person 15
because the person was wearing a face covering, but I am satisfied that 16
the person had a special justification for not removing the covering. 17
2 *I have known the person for at least 12 months or *I have confirmed 18
the person's identity using an identification document and the document 19
I relied on was [describe identification document relied on]. 20
[insert signature of authorised witness] 21
Date: 22
Page 43
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 3 Amendments to forms consequential on amendment of Oaths Act 1900
[2] Evidence Regulation 2010 1
Insert at the end of Forms 2 and 3 of Schedule 1: 2
Certificate under section 34 (1) (c) of Oaths Act 1900 3
*Please cross out any text that does not apply 4
I [insert name of witness], a *Justice of the Peace/*notary public/*Australian 5
lawyer/*person authorised to take affidavits in New South Wales, certify the 6
following matters concerning the making of this affidavit by the person who 7
made it: 8
1 *I saw the face of the person or *I did not see the face of the person 9
because the person was wearing a face covering, but I am satisfied that 10
the person had a special justification for not removing the covering. 11
2 *I have known the person for at least 12 months or *I have confirmed 12
the person's identity using an identification document and the document 13
I relied on was [describe identification document relied on]. 14
[insert signature of witness] 15
Date: 16
[3] Legal Profession Regulation 2005 17
Insert at the end of Form 1 of Schedule 5: 18
Certificate under section 34 (1) (c) of Oaths Act 1900 19
*Please cross out any text that does not apply 20
I [insert name of authorised witness], a [insert qualification to be authorised 21
witness], certify the following matters concerning the making of this statutory 22
declaration by the person who made it: 23
1 *I saw the face of the person or *I did not see the face of the person 24
because the person was wearing a face covering, but I am satisfied that 25
the person had a special justification for not removing the covering. 26
2 *I have known the person for at least 12 months or *I have confirmed 27
the person's identity using an identification document and the document 28
I relied on was [describe identification document relied on]. 29
[insert signature of authorised witness] 30
Date: 31
Page 44
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments to forms consequential on amendment of Oaths Act 1900 Schedule 3
[4] Lord Howe Island Regulation 2004 1
Insert at the end of Forms 2 and 3 and Declarations "A" and "B" of Form 5 of 2
Schedule 1: 3
Certificate under section 34 (1) (c) of Oaths Act 1900 4
*Please cross out any text that does not apply 5
I [insert name of witness], a *Justice of the Peace/*Commissioner for 6
Affidavits/*Notary Public, certify the following matters concerning the 7
making of this statutory declaration by the person who made it: 8
1 *I saw the face of the person or *I did not see the face of the person 9
because the person was wearing a face covering, but I am satisfied that 10
the person had a special justification for not removing the covering. 11
2 *I have known the person for at least 12 months or *I have confirmed 12
the person's identity using an identification document and the document 13
I relied on was [describe identification document relied on]. 14
[insert signature of witness] 15
Date: 16
[5] Status of Children Regulation 2008 17
Insert at the end of Form 1 of Schedule 1: 18
Certificate under section 34 (1) (c) of Oaths Act 1900 19
*Please cross out any text that does not apply 20
I [insert name of witness], a [insert qualification to be witness], certify the 21
following matters concerning the making of this affidavit by the person who 22
made it: 23
1 *I saw the face of the person or *I did not see the face of the person 24
because the person was wearing a face covering, but I am satisfied that 25
the person had a special justification for not removing the covering. 26
2 *I have known the person for at least 12 months or *I have confirmed 27
the person's identity using an identification document and the document 28
I relied on was [describe identification document relied on]. 29
[insert signature of witness] 30
Date: 31
Page 45
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 4 Amendments transferring provisions and other amendments consequential
on repeals
Schedule 4 Amendments transferring provisions 1
and other amendments consequential on 2
repeals 3
Explanatory note 4
Schedule 4.1 [3], 4.2 [6]-[9] and [12], 4.4-4.7, 4.9 and 4.10 insert the substance of 5
provisions (of possible ongoing effect) of Acts repealed by clause 4 of Schedule 5 into 6
various Acts. In accordance with section 30A of the Interpretation Act 1987, the transfer 7
of those provisions does not affect the operation (if any) or meaning of the provisions. 8
In particular: 9
(a) sections 2, 3, 5 and 6 of, and the Schedule to, the Australian Lubricating Oil 10
Refinery Limited Agreement Ratification Act 1962 are transferred to the 11
Australian Oil Refining Limited Agreement Ratification Act 1954 (which is 12
renamed by Schedule 4.2 [2] as the Australian Oil Refining Agreements 13
Act 1954), and 14
(b) sections 5 (3) and (4), 6, 10 and 13 of the Burns Philp Trustee Company Limited 15
Act 1990 are transferred to the Trustee Companies Act 1964, and 16
(c) sections 5 (1) and (3), 5A, 6 (4) and (5), 7 (3) and 13 of the Camperdown 17
Cemetery Act 1948 are transferred to the Anglican Church of Australia Trust 18
Property Act 1917, and 19
(d) the following provisions are transferred to the Conversion of Cemeteries 20
Act 1974: 21
(i) sections 4 (1) and (3), 4A and 4B of the Camperdown Cemetery 22
Act 1948, 23
(ii) sections 2, 4 (3)-(5), 4A (1), (2) (c) and (d) and (4), 8, 10 (1)-(3), 11 and 24
13 of the Old Roman Catholic Cemetery, Crown Street, Wollongong, 25
Act 1969, and 26
(e) sections 2, 5-7 and 12 of the Sir Henry Parkes National (War) Memorial 27
Museum and Library Act 1957 are transferred to the National Trust of Australia 28
(New South Wales) Act 1990, and 29
(f) section 5 of the Sydney Hospital (Trust Property) Act 1984 is transferred to the 30
Health Services Act 1997, and 31
(g) the definition of Walsh Bay in section 3, and sections 4 (4), 10 and 13, of the 32
Walsh Bay Development (Special Provisions) Act 1999 are transferred to the 33
Heritage Act 1977, and 34
(h) the following provisions are transferred to the Environmental Planning and 35
Assessment Act 1979: 36
(i) the definition of Walsh Bay in section 3, and sections 11, 12 and 14, of 37
the Walsh Bay Development (Special Provisions) Act 1999, 38
(ii) sections 4 and 6 (2) and (3) of the Western Sydney Regional Park 39
(Revocation for Western Sydney Orbital) Act 2001. 40
Schedule 4.1 [1] and [2] make amendments to the Anglican Church of Australia Trust 41
Property Act 1917 that are consequential on the transfer of provisions referred to in 42
paragraph (c) above. 43
Schedule 4.2 [1]-[5], [10] and [11] make amendments that are consequential on the 44
transfer of provisions referred to in paragraph (a) above, including the renaming of the 45
Australian Oil Refining Limited Agreement Ratification Act 1954 as the Australian Oil 46
Refining Agreements Act 1954. 47
Page 46
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments transferring provisions and other amendments consequential Schedule 4
on repeals
Schedule 4.3 make amendments to the Christ Church Cathedral, Newcastle, Cemetery 1
Act 1966 that are consequential on the repeal of section 3 of that Act by Schedule 5. 2
Schedule 4.8 re-enacts sections 3 and 5 of the Notice of Action and Other Privileges 3
Abolition Act 1977, with minor modifications, as the new Schedule 1 to the Limitation 4
Act 1969. 5
4.1 Anglican Church of Australia Trust Property Act 1917 No 21 6
[1] Section 2 Repeal 7
Omit "the Schedule" from section 2 (1). 8
Insert instead "Schedule 1". 9
[2] Schedule 10
Omit "Schedule". Insert instead "Schedule 1". 11
[3] Schedule 2 12
Insert after Schedule 1 (as renumbered by item [2]): 13
Schedule 2 Transferred provisions from 14
Camperdown Cemetery Act 1948 15
1 Definitions 16
In this Schedule: 17
cemetery land means the land described in the Second Schedule 18
to the repealed Act (as in force immediately before its repeal). 19
repealed Act means the Camperdown Cemetery Act 1948. 20
2 Vesting of land in Church of England Property Trust Diocese of 21
Sydney 22
(1) Subject to this Schedule the cemetery land is hereby vested in the 23
Church of England Property Trust Diocese of Sydney for an 24
estate in fee simple to hold the same subject to the same trusts and 25
for the same purposes as those upon and for which the trustees 26
appointed under the Camperdown Cemetery Trust Act of 1871 27
held the cemetery land immediately before the commencement of 28
the repealed Act: 29
Provided that nothing contained in this subclause or in 30
clause 4 (1)-(4) shall revive any exclusive right of interment in 31
the cemetery land divested by section 5 (2) of the repealed Act (as 32
in force immediately before its repeal). 33
(2) The provisions of sections 26 and 32 shall apply to so much of the 34
cemetery land as is not described in the notification in the Gazette 35
Page 47
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 4 Amendments transferring provisions and other amendments consequential
on repeals
referred to in section 6 (2) of the repealed Act (as in force 1
immediately before its repeal). 2
3 Power to fill in vaults 3
Notwithstanding anything contained in this Schedule, the 4
Minister administering the Conversion of Cemeteries Act 1974 5
shall have power, on the recommendation of the 6
Director-General of the Ministry of Health, to cause any vault in 7
the cemetery land to be filled in for the purpose of preventing 8
such vault from giving off drainage which in the opinion of the 9
Director-General of the Ministry of Health is detrimental to 10
public health. 11
4 Trustees of land 12
(1) As soon as practicable after completion of the redesigning and 13
reconstruction of the cemetery area pursuant to section 6 of the 14
repealed Act the Standing Committee of the Synod of the 15
Diocese of Sydney shall appoint trustees of such area. The 16
trustees so appointed shall not exceed 7 in number. 17
(2) Such trustees shall have the care, control and management of 18
such area and shall, subject to this Schedule, administer the same 19
in accordance with the same trusts and for the same purposes as 20
those upon and for which the cemetery land comprised in such 21
area was held immediately before the commencement of the 22
repealed Act. 23
(3) While such area is under the care, control and management of 24
trustees appointed under this clause the Church of England 25
Property Trust Diocese of Sydney shall be discharged from any 26
duty, obligation or liability arising out of or connected with the 27
trusts and purposes upon and for which such area is held. 28
(4) The Standing Committee of the Synod of the Diocese of Sydney 29
may appoint a new trustee to fill any vacancy occurring for any 30
reason among the trustees appointed pursuant to this clause. 31
(5) The amount paid to the Church of England Property Trust 32
Diocese of Sydney pursuant to section 6 (5) (a) of the repealed 33
Act shall be invested by the said Church of England Property 34
Trust in any of the securities authorised by the Trustee Act 1925. 35
(6) The said Church of England Property Trust shall as soon as 36
practicable after the first day of July in each year pay the interest 37
arising from such investment during the period of 12 months 38
immediately preceding (after deducting therefrom any expenses 39
reasonably incurred by the said Church of England Property 40
Page 48
Statute Law (Miscellaneous Provisions) Bill 2012
Amendments transferring provisions and other amendments consequential Schedule 4
on repeals
Trust in connection with such investment during that period) to 1
the trustees of the said cemetery area who shall apply such 2
interest to the permanent upkeep of such area. 3
5 Property vested in trustees under Camperdown Cemetery Trust 4
Act of 1871 5
Upon the appointment of trustees pursuant to clause 4: 6
(a) the property referred to in section 7 (1) of the repealed Act 7
(as in force immediately before its repeal) or the residue 8
thereof shall vest in the trustees so appointed and shall be 9
applied by them in furtherance of the trusts and purposes 10
referred to in clause 4 (2), and 11
(b) without prejudice to anything done, prior to such 12
appointment, by the said Church of England Property 13
Trust under the powers conferred by section 7 (2) of the 14
repealed Act (as in force immediately before its repeal), 15
such powers shall, as from such appointment, cease and 16
determine in respect of the said Church of England 17
Property Trust and shall be exercisable thereafter by the 18
trustees so appointed. 19
6 Protection from claims for compensation 20
Except where otherwise in the repealed Act (as in force 21
immediately before its repeal) expressly provided, no 22
compensation shall be made or be payable to any person in 23
respect of the divesting of any estate or interest by the repealed 24
Act or in respect of the performance of any act authorised by the 25
repealed Act. 26
7 Provisions transferred to this Schedule 27
Clauses 2-6 re-enact (with minor modifications) sections 5 (1) 28
and (3), 5A, 6 (4) and (5), 7 (3) and 13 of the repealed Act and are 29
transferred provisions to which section 30A of the Interpretation 30
Act 1987 applies. 31
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4.2 Australian Oil Refining Limited Agreement Ratification Act 1
1954 No 34 2
[1] Part 1, heading 3
Insert before section 1: 4
Part 1 Preliminary 5
[2] Section 1 Name of Act 6
Omit "Australian Oil Refining Limited Agreement Ratification Act 1954". 7
Insert instead "Australian Oil Refining Agreements Act 1954". 8
[3] Part 2, heading 9
Insert after section 1: 10
Part 2 Australian Oil Refining Limited Agreement 11
Ratification 12
[4] Section 2 Definitions 13
Omit "In this Act". Insert instead "In this Part". 14
[5] Part 3, heading 15
Insert after section 9: 16
Part 3 Australian Lubricating Oil Refinery Limited 17
Agreement Ratification 18
[6] Part 3 (as inserted by item [5]) 19
Transfer sections 2, 3, 5 and 6 of the Australian Lubricating Oil Refinery 20
Limited Agreement Ratification Act 1962 (which is repealed by clause 4 of 21
Schedule 5 to this Act) to Part 3, as sections 10-13. 22
[7] Section 10 Definitions (as inserted by item [6]) 23
Omit "In this Act". Insert instead "In this Part". 24
[8] Section 10, definition of "The Agreement" (as inserted by item [6]) 25
Omit "the Schedule". Insert instead "the Third Schedule". 26
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[9] Section 14 1
Insert after section 13 (as inserted by item [6]): 2
14 Transferred provisions to which Interpretation Act 1987 applies 3
Sections 10-13 and the Third Schedule re-enact (with minor 4
modifications) sections 2, 3, 5 and 6 and the Schedule to the 5
Australian Lubricating Oil Refinery Limited Agreement 6
Ratification Act 1962 and are transferred provisions to which 7
section 30A of the Interpretation Act 1987 applies. 8
[10] First Schedule, heading 9
Omit the heading to the Schedule. Insert instead: 10
First Schedule Australian Oil Refining Limited 11
Agreement 12
[11] Second Schedule, heading 13
Omit the heading to the Schedule. Insert instead: 14
Second Schedule Amendment of Australian Oil 15
Refining Limited Agreement 16
[12] Third Schedule 17
Transfer the Schedule to the Australian Lubricating Oil Refinery Limited 18
Agreement Ratification Act 1962 (which is repealed by clause 4 of Schedule 5 19
to this Act) after the Second Schedule as the Third Schedule, with the 20
following heading: 21
Third Schedule Australian Lubricating Oil 22
Refinery Limited Agreement 23
4.3 Christ Church Cathedral, Newcastle, Cemetery Act 1966 24
No 20 25
[1] First Schedule 26
Omit "(Section 3)". Insert instead "(Section 4)". 27
[2] Second Schedule 28
Omit "(Section 3)". Insert instead "(Section 5)". 29
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4.4 Conversion of Cemeteries Act 1974 No 17 1
Schedule 3 Transferred provisions relating to cemetery land 2
Insert after clause 19: 3
Part 3 Acts repealed by Statute Law 4
(Miscellaneous Provisions) Act 2012 5
Division 1 Preliminary 6
20 Provisions transferred to this Part 7
Clauses 22-29 re-enact (with minor modifications) the following 8
provisions and are transferred provisions to which section 30A of 9
the Interpretation Act 1987 applies: 10
(a) sections 4 (1) and (3), 4A and 4B of the Camperdown 11
Cemetery Act 1948, 12
(b) sections 2, 4 (3)-(5), 4A (1), (2) (c) and (d) and (4), 8, 13
10 (1)-(3), 11 and 13 of the Old Roman Catholic 14
Cemetery, Crown Street, Wollongong, Act 1969. 15
21 Saving of trusts, reservations, dedications and other obligations 16
under repealed Acts 17
The repeal by the Statute Law (Miscellaneous Provisions) 18
Act 2012 of an Act, provisions of which are transferred by this 19
Part, does not: 20
(a) affect any trust, reservation or dedication that existed 21
immediately before the repeal of that Act, or 22
(b) remove any obligation of a Minister or a council with 23
respect to a plan or register required to be compiled under 24
the repealed Act. 25
Division 2 Camperdown Cemetery Act 1948 26
22 Dedication of land as a public park 27
(1) The land described in the First Schedule to the Camperdown 28
Cemetery Act 1948 (as in force immediately before its repeal) is 29
hereby dedicated as a public park under the name of 30
"Camperdown Memorial Rest Park" (the park). 31
(2) The park shall be maintained by Marrickville Council (the 32
Council) as a rest park and garden area and, notwithstanding 33
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anything in any other Act, the Council shall not use the park or 1
permit the same to be used for any other purpose. 2
(3) The Camperdown Memorial Rest Park Trust is dissolved and the 3
Council shall be the sole trustee of the park. 4
(4) The Council shall, for all purposes of this clause, be deemed to 5
hold an estate in fee simple in the land described in the First 6
Schedule to the Camperdown Cemetery Act 1948 (as in force 7
immediately before its repeal), but shall not be capable of 8
alienating, charging or in any way disposing of such land, or any 9
part thereof. 10
Division 3 Old Roman Catholic Cemetery, Crown Street, 11
Wollongong, Act 1969 12
23 Definitions 13
In this Division, except in so far as the context or subject-matter 14
otherwise indicates or requires: 15
Council means Wollongong City Council. 16
repealed Act means the Old Roman Catholic Cemetery, Crown 17
Street, Wollongong, Act 1969. 18
showground means the area in the Parish and Town of 19
Wollongong, County of Camden, City of Greater Wollongong, 20
Land District of Kiama, dedicated under the provisions of the 21
Crown Lands Consolidation Act 1913 for public recreation and 22
showground by notification published in Gazette number 106 of 23
29 June 1951. 24
showground trustees means the trustees for the time being of the 25
showground. 26
the redefinition plan means the plan identified as Drawing 27
No 3117, Sheet No RES 1, Issue E, approved by the Senior 28
Registered Surveyor for the Council of the City of Wollongong 29
on 27 August 2001, deposited in the office of the Council. 30
24 Dedication of land as a public park 31
(1) The land dedicated as a public park in accordance with 32
section 4 (1) of the repealed Act (as in force immediately before 33
its repeal) shall be maintained by the Council as a rest park and, 34
notwithstanding anything in any other Act, but subject to the 35
provisions of this Division, the Council shall not use that land or 36
permit it to be used for any other purpose. 37
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(2) In exercising or performing its powers, authority, duties and 1
functions under this clause, the Council must ensure that any use 2
of the land: 3
(a) is limited to passive recreational activities that in the 4
Council's opinion provide community benefit, and 5
(b) does not unduly intrude on the recognition of and respect 6
for the land as an old cemetery, and 7
(c) does not involve any commercial activities, and 8
(d) subject to the preceding paragraphs, is consistent with any 9
applicable plan of management adopted under the Crown 10
Lands Act 1989. 11
(3) Nothing in subclause (1) or (2) prevents the granting of, or affects 12
the power to grant, easements through, on, in or above the land to 13
permit the overhang of any structure or the roof of any building 14
erected on the trust lands of Venues NSW. 15
25 Closing of part of road and dedication as a public park 16
(1) This clause applies to the land shown edged black and marked 17
"Lot 3" on the redefinition plan. 18
(2) The land to which this clause applies: 19
(a) is taken to be dedicated under the Crown Lands Act 1989 20
for public recreation, and 21
(b) is taken to form part of the public park referred to in 22
clause 24 (1). 23
(3) Despite subclause (2) (a), the provisions of clause 24 apply to the 24
land to which this clause applies in the same way as they apply to 25
the land dedicated as a public park in accordance with 26
section 4 (1) of the repealed Act (as in force immediately before 27
its repeal). 28
26 Access to land 29
The showground trustees shall grant to the Council or any 30
persons access to the land described in the Second Schedule to 31
the repealed Act (as in force immediately before its repeal) for the 32
purpose of enabling the Council or those persons to carry out any 33
work or to do any act or thing authorised by this Division to be 34
carried out or done on that land by the Council or those persons, 35
as the case may be. 36
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27 Remains not to be disturbed 1
(1) The Council or the showground trustees or any person or body of 2
persons shall take due care not to unearth or disturb the remains 3
of any person who is buried in the lands described in the First, 4
Second and Third Schedules to the repealed Act (as in force 5
immediately before its repeal). 6
(2) If any such remains: 7
(a) are unearthed or disturbed in the lands described in the 8
First and Third Schedules to the repealed Act (as in force 9
immediately before its repeal)--the Council, or 10
(b) are unearthed or disturbed in the land described in the 11
Second Schedule to the repealed Act (as in force 12
immediately before its repeal): 13
(i) by the Council or any persons (other than the 14
showground trustees) in the course of carrying out 15
any work or doing any act or thing authorised by this 16
Division to be carried out or done on that land by the 17
Council or those persons--the Council, or 18
(ii) in any other circumstances--the showground 19
trustees, 20
shall cause the remains to be reverently interred in a position 21
considered by the Council to be suitable in the land described in 22
the First Schedule to the repealed Act (as in force immediately 23
before its repeal). 24
(3) The Council shall grant the showground trustees access to the 25
land described in the First Schedule to the repealed Act (as in 26
force immediately before its repeal) for the purpose of interring 27
any remains required under subclause (2) to be interred by the 28
showground trustees in that land. 29
28 No compensation payable 30
No compensation shall be payable to any person in respect of the 31
carrying out of any work or the doing of any act or thing 32
authorised by this Division. 33
29 Savings and transitional provisions 34
(1) The Governor may make regulations containing provisions of a 35
savings or transitional nature consequent on the enactment of the 36
Wollongong Sportsground and Old Roman Catholic Cemetery 37
Legislation Amendment (Transfer of Land) Act 2001 (but only to 38
the extent that it amended the repealed Act). 39
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(2) Any such provision may, if the regulations so provide, take effect 1
from the date of assent to that Act or a later date. 2
(3) To the extent to which any such provision takes effect from a date 3
that is earlier than the date of its publication on the NSW 4
legislation website, the provision does not operate so as: 5
(a) to affect, in a manner prejudicial to any person (other than 6
the State or an authority of the State), the rights of that 7
person existing before the date of its publication, or 8
(b) to impose liabilities on any person (other than the State or 9
an authority of the State) in respect of anything done or 10
omitted to be done before the date of its publication. 11
4.5 Environmental Planning and Assessment Act 1979 No 203 12
[1] Schedule 7 Transferred provisions 13
Insert after Part 1: 14
Part 2 Walsh Bay Development (Special 15
Provisions) Act 1999 16
2 Meaning of "Walsh Bay" 17
In this Part, Walsh Bay means the land to which Sydney Regional 18
Environmental Plan No 16--Walsh Bay applied immediately 19
before 31 May 1999, or any part of the land, and includes any 20
thing in, on, under or over that land or any part of that land. 21
[2] Schedule 7, Part 2 (as inserted by item [1]) 22
Transfer sections 11, 12 and 14 of the Walsh Bay Development (Special 23
Provisions) Act 1999 (which is repealed by clause 4 of Schedule 5 to this Act) 24
to Part 2 of Schedule 7, as clauses 3-5. 25
[3] Schedule 7, clauses 3 and 4 (as inserted by item [2]), headings 26
Omit "--EPA Act" wherever occurring. 27
[4] Schedule 7, clause 3 (as inserted by item [2]) 28
Omit "sections 97AA, to the extent applicable, and 97 of the Environmental 29
Planning and Assessment Act 1979". 30
Insert instead "section 97 and, to the extent applicable, section 97AA". 31
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[5] Schedule 7, clauses 4 and 5 (as inserted by item [2]) 1
Omit "of the Environmental Planning and Assessment Act 1979" wherever 2
occurring. 3
[6] Schedule 7, clause 5 (as inserted by item [2]), heading 4
Omit "of EPA Act". 5
[7] Schedule 7, clause 6 6
Insert after clause 5 of Schedule 7 (as inserted by item [2]): 7
6 Transferred provisions to which Interpretation Act 1987 applies 8
Clauses 2-5 re-enact (with minor modifications) the definition of 9
Walsh Bay in section 3, and sections 11, 12 and 14, of the Walsh 10
Bay Development (Special Provisions) Act 1999 and are 11
transferred provisions to which section 30A of the Interpretation 12
Act 1987 applies. 13
[8] Schedule 7, Part 3 14
Insert after clause 6 of Schedule 7 (as inserted by item [7]): 15
Part 3 Western Sydney Regional Park 16
(Revocation for Western Sydney Orbital) 17
Act 2001 18
7 Dealings with certain land at Fairfield 19
(1) This clause applies to all those pieces or parcels of land situated 20
in the County of Cumberland, Parish of Melville, local 21
government area of Fairfield and being so much of the following 22
land as is, at the commencement of this clause, vested in the 23
corporation: 24
(a) lots 12, 13 and 15-20, DP 1021938, 25
(b) lots 33-37 and 40-42, DP 1021940, 26
(c) lots 22-29 and 31, DP 1022008. 27
(2) The corporation may sell, grant leases of, dispose of or otherwise 28
deal with the land to which this clause applies. 29
(3) Proceeds of any dealing by the corporation with that land are to 30
be paid into the Development Fund created under section 129 for 31
the Sydney Region. 32
(4) Subclauses (1)-(3) re-enact (with minor modifications) 33
sections 4 and 6 (2) and (3) of the Western Sydney Regional Park 34
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(Revocation for Western Sydney Orbital) Act 2001 and are 1
transferred provisions to which section 30A of the Interpretation 2
Act 1987 applies. 3
4.6 Health Services Act 1997 No 154 4
Schedule 8 5
Insert after Schedule 7: 6
Schedule 8 Transferred provisions--Sydney 7
Hospital (Trust Property) Act 1984 8
1 Future property 9
(1) To the extent to which, by a deed, will or other instrument, 10
whether taking effect before, on or after 14 December 1984 (the 11
appointed day): 12
(a) any property would, but for this clause, be devised, 13
bequeathed, given, granted, released, conveyed or 14
appointed on or after the appointed day to The Sydney 15
Hospital, or another person, for, or for the benefit of, or in 16
trust for, a unit or the purposes of a unit, or 17
(b) any property would, but for this clause, be declared or 18
directed on or after the appointed day to be held by any 19
person for, or for the benefit of, or in trust for, a unit or the 20
purposes of a unit, 21
the deed, will or other instrument shall be construed and have 22
effect as if the reference therein to The Sydney Hospital or the 23
person, as the case may be, were a reference to the relevant 24
hospital. 25
(2) In this clause: 26
relevant hospital, in relation to a unit, means: 27
(a) where the unit is the Cardio-renal Unit, the Endocrine Unit 28
or the Renal Unit--The Royal North Shore Hospital of 29
Sydney, and 30
(b) where the unit is the Kanematsu Memorial Institute, the 31
Melanoma Unit or the Solid Tissue Tumour Unit--The 32
Royal Prince Alfred Hospital, and 33
(c) where the unit is the Immunology Unit or the Radiation 34
Oncology Unit--the Newcastle Mater Misericordiae 35
Hospital (Waratah), and 36
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(d) where the unit is the Biorheology Unit--The Rachel 1
Forster Hospital. 2
unit means a unit of The Sydney Hospital existing immediately 3
before 1 October 1982, being one of the following: 4
(a) Biorheology Unit, 5
(b) Cardio-renal Unit, 6
(c) Endocrine Unit, 7
(d) Immunology Unit, 8
(e) Kanematsu Memorial Institute, 9
(f) Melanoma Unit, 10
(g) Radiation Oncology Unit, 11
(h) Renal Unit, 12
(i) Solid Tissue Tumour Unit. 13
(3) Subclauses (1) and (2) re-enact (with minor modifications) the 14
definition of unit in section 3 (1), and section 5, of the Sydney 15
Hospital (Trust Property) Act 1984 and are transferred provisions 16
to which section 30A of the Interpretation Act 1987 applies. 17
4.7 Heritage Act 1977 No 136 18
[1] Schedule 1 Savings and transitional provisions 19
Insert after clause 5 (2): 20
(3) This clause applies to the permanent conservation order validated 21
by section 4 of the repealed Act, and to any item or land the 22
subject of that permanent conservation order, as if it were a 23
permanent conservation order in force under Part 3 of this Act 24
immediately before the commencement of this clause. 25
(4) In this clause, repealed Act means the Walsh Bay Development 26
(Special Provisions) Act 1999, as in force immediately before its 27
repeal. 28
(5) Subclauses (3) and (4) re-enact (with minor modifications) 29
section 4 (4) of the repealed Act and are transferred provisions to 30
which section 30A of the Interpretation Act 1987 applies. 31
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[2] Schedule 3 1
Insert after Schedule 2: 2
Schedule 3 Transferred provisions--Walsh Bay 3
Development (Special Provisions) 4
Act 1999 5
1 Meaning of "Walsh Bay" 6
In this Schedule, Walsh Bay means the land to which Sydney 7
Regional Environmental Plan No 16--Walsh Bay applied 8
immediately before 31 May 1999, or any part of the land, and 9
includes any thing in, on, under or over that land or any part of 10
that land. 11
[3] Schedule 3 (as inserted by item [2]) 12
Transfer sections 10 and 13 of the Walsh Bay Development (Special 13
Provisions) Act 1999 (which is repealed by clause 4 of Schedule 5 to this Act) 14
to Schedule 3, as clauses 2 and 3. 15
[4] Schedule 3, clauses 2 and 3 (as inserted by item [3]) 16
Omit "of the Heritage Act 1977" wherever occurring. 17
[5] Schedule 3, clauses 2 (1) and 3 (a) (as inserted by item [3]) 18
Omit "(within the meaning of that Act)" wherever occurring. 19
[6] Schedule 3, clause 2 (as inserted by item [3]), heading 20
Omit "--Heritage Act". 21
[7] Schedule 3, clause 2 (2) (as inserted by item [3]) 22
Omit "subsection". Insert instead "subclause". 23
[8] Schedule 3, clause 3 (as inserted by item [3]), heading 24
Omit "of Heritage Act". 25
[9] Schedule 3, clause 4 26
Insert after clause 3 of Schedule 3 (as inserted by item [3]): 27
4 Transferred provisions to which Interpretation Act 1987 applies 28
Clauses 1-3 re-enact (with minor modifications) the definition of 29
Walsh Bay in section 3, and sections 10 and 13, of the Walsh Bay 30
Development (Special Provisions) Act 1999 and are transferred 31
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provisions to which section 30A of the Interpretation Act 1987 1
applies. 2
4.8 Limitation Act 1969 No 31 3
[1] Schedule 1, heading 4
Insert after section 78: 5
Schedule 1 Transferred provisions--Notice of 6
Action and Other Privileges 7
Abolition Act 1977 8
[2] Schedule 1 (as inserted by item [1]) 9
Transfer sections 3 and 5 of the Notice of Action and Other Privileges 10
Abolition Act 1977 (which is repealed by clause 4 of Schedule 5 to this Act) to 11
Schedule 1, as clauses 1 and 2. Renumber clause 2 (4) (c) and (d) (as inserted 12
by this item) as clause 2 (4) (b) and (c), respectively. 13
[3] Schedule 1, clause 1 (as inserted by item [2]) 14
Omit "this Act" where firstly occurring. 15
Insert instead "the Notice of Action and Other Privileges Abolition Act 1977". 16
[4] Schedule 1, clause 1 (as inserted by item [2]) 17
Omit "this Act" where secondly occurring. Insert instead "that Act". 18
[5] Schedule 1, clause 2 (1)-(3) (as inserted by item [2]) 19
Omit "section" wherever occurring. Insert instead "clause". 20
[6] Schedule 1, clause 2 (1) and (2) (a) (as inserted by item [2]) 21
Omit "the Limitation Act 1969" wherever occurring. Insert instead "this Act". 22
[7] Schedule 1, clause 2 (1) (as inserted by item [2]) 23
Omit "that Act". Insert instead "this Act". 24
[8] Schedule 1, clause 2 (2) (b) (as inserted by item [2]) 25
Insert "to the Notice of Action and Other Privileges Abolition Act 1977 (as in 26
force on its commencement)" after "Schedule 1". 27
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[9] Schedule 1, clause 2 (3) and (4) (as inserted by item [2]) 1
Omit "subsection" and "Subsection". 2
Insert instead "subclause" and "Subclause", respectively. 3
4.9 National Trust of Australia (New South Wales) Act 1990 4
No 92 5
Schedule 3 6
Insert after Schedule 2: 7
Schedule 3 Transferred provisions--Sir Henry 8
Parkes National (War) Memorial 9
Museum and Library Act 1957 10
1 Definitions 11
In this Schedule unless the context or subject matter otherwise 12
indicates or requires: 13
repealed Act means the Sir Henry Parkes National (War) 14
Memorial Museum and Library Act 1957. 15
the trust property means the property and assets set out in the 16
Schedule to the repealed Act (as in force immediately before its 17
repeal) and includes any property, money or assets acquired or to 18
be acquired by the Trust in pursuance of that Act in addition to or 19
in substitution therefor. 20
2 Use of trust property 21
The Trust shall operate, control, manage, maintain, develop and 22
expand the trust property for the purposes of a community centre, 23
museum and library as a national memorial to the late Sir Henry 24
Parkes: 25
(a) in accordance with the objects of the Trust, and 26
(b) to the extent of the income and assets of the trust property 27
and of any property, money or assets acquired or to be 28
acquired after the commencement of the repealed Act by 29
the Trust for purposes connected with the said memorial, 30
and 31
(c) so far as is practicable, consistent with the purposes for 32
which the trust property was used immediately before the 33
commencement of the repealed Act. 34
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3 Sale of trust property 1
(1) The Trust shall not, without the consent of the Governor, sell, 2
mortgage or otherwise dispose of the trust property, or any part 3
of the trust property, referred to in paragraph (a) of the Schedule 4
to the repealed Act (as in force immediately before its repeal). 5
(2) The Trust may sell, mortgage or otherwise dispose of: 6
(a) any of the assets referred to in paragraph (b) of the 7
Schedule to the repealed Act (as in force immediately 8
before its repeal), and 9
(b) any property or assets acquired or to be acquired after the 10
commencement of the repealed Act by the Trust for 11
purposes connected with the national memorial to the late 12
Sir Henry Parkes, 13
and if the Trust think fit purchase or otherwise acquire other 14
property or assets in substitution therefor. 15
No sale, mortgage or disposal shall be made under this subclause: 16
(i) unless the property or assets so sold, mortgaged or 17
disposed of are not required for or in connection with the 18
operation, control, management, maintenance, 19
development and expansion of the national memorial to 20
the late Sir Henry Parkes, and 21
(ii) in the case of real property without the consent of the 22
Governor. 23
4 Appointment of Management Committee 24
The Trust may appoint a Management Committee which, subject 25
to the direction and control of the Trust and any by-laws made by 26
the Trust, shall for and on behalf of the Trust have the operation, 27
control, management, maintenance, development and expansion 28
of the national memorial to the late Sir Henry Parkes. 29
5 By-laws 30
(1) The Trust may make by-laws, not inconsistent with this 31
Schedule, for and with respect to any of the following: 32
(a) the care, control and management of the trust property, 33
(b) the constitution of a Management Committee, 34
(c) the meetings of the Management Committee and the 35
proceedings thereat, 36
(d) the appointment of an executive and other officers of the 37
Management Committee, 38
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(e) the co-opting of persons as members of the Management 1
Committee and the appointment of sub-committees of the 2
Management Committee, 3
(f) the powers, authorities, duties and functions of the 4
Management Committee, officers thereof, persons 5
co-opted as members thereof and sub-committees thereof. 6
(2) A printed copy of any such by-laws signed by the Trust and 7
certified by it as being correct shall be received in all courts of 8
law or equity as conclusive evidence of such by-laws and of the 9
same having been duly made under the authority of this Schedule. 10
6 Transferred provisions to which Interpretation Act 1987 applies 11
Clauses 1-5 re-enact (with minor modifications) sections 2, 5-7 12
and 12 of the Sir Henry Parkes National (War) Memorial 13
Museum and Library Act 1957 and are transferred provisions to 14
which section 30A of the Interpretation Act 1987 applies. 15
4.10 Trustee Companies Act 1964 No 6 16
Schedule 2 17
Insert after Schedule 1: 18
Schedule 2 Transferred provisions--Burns 19
Philp Trustee Company Limited Act 20
1990 21
1 Definitions 22
(1) In this Schedule, repealed Act means the Burns Philp Trustee 23
Company Limited Act 1990. 24
(2) Terms defined in the repealed Act have the same meanings in this 25
Schedule as they had in that Act immediately before the repeal of 26
that Act. 27
2 Rights, duties and liabilities related to transfer of property 28
(1) Permanent Trustee Company Limited is, in respect of the 29
property vested in it by section 5 of the repealed Act: 30
(a) taken to be appointed to act in the capacity of trustee 31
instead of Burns Philp, and 32
(b) entitled and obliged to exercise and discharge all rights, 33
powers, capacities, authorities, duties, liabilities and 34
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obligations of Burns Philp in the capacity of trustee to the 1
exclusion of Burns Philp, and 2
(c) to discharge the liabilities and obligations of Burns Philp 3
in the capacity of trustee to the exclusion of Burns Philp, 4
except as provided by sections 7, 8 and 9 of the repealed Act (as 5
in force immediately before its repeal). 6
(2) In this clause, liabilities includes the following: 7
(a) present and future liabilities, 8
(b) certain and contingent liabilities, 9
(c) ascertained liabilities and liabilities for which only 10
damages may be awarded, 11
(d) all claims against Burns Philp and any officer of Burns 12
Philp (in that capacity). 13
3 Appointment of Burns Philp taken to be appointment of Permanent 14
Trustee Company Limited 15
(1) Any appointment or nomination of Burns Philp as trustee, 16
executor or otherwise in the capacity of trustee is taken to be an 17
appointment or nomination of Permanent Trustee Company 18
Limited, except as provided by section 7 of the repealed Act (as 19
in force immediately before its repeal). 20
(2) This clause applies to such an appointment or nomination: 21
(a) whether made (or purporting to be made) before, on or 22
after 7 December 1990, and 23
(b) whether the appointment or nomination: 24
(i) is in effect on that date, or 25
(ii) takes effect after that date, or 26
(iii) has taken effect previously but some further act or 27
thing is necessary to perfect the appointment to or 28
undertaking of the office. 29
4 Evidence of transfer of property 30
(1) The production of a copy of the repealed Act (as in force 31
immediately before its repeal) is, in any legal proceedings, 32
conclusive evidence of the vesting of property pursuant to that 33
Act. 34
(2) A certificate under the seal of Permanent Trustee Company 35
Limited to the effect that property specified in the certificate has 36
been vested in it pursuant to the repealed Act is conclusive 37
evidence of the matters certified for the following purposes: 38
Page 65
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 4 Amendments transferring provisions and other amendments consequential
on repeals
(a) any application by Permanent Trustee Company Limited 1
to be registered under the Real Property Act 1900, 2
(b) any application by Permanent Trustee Company Limited 3
or a successor in title of Permanent Trustee Company 4
Limited to bring land under the Real Property Act 1900, 5
(c) any transfer, conveyance, reconveyance, mortgage or 6
other instrument or dealing whatever in respect of any 7
interest in any land (whether or not under the Real 8
Property Act 1900), 9
(d) any creation of an easement or other interest in respect of 10
any land (whether or not under the Real Property 11
Act 1900). 12
5 Joinder of Permanent Trustee Company Limited in legal 13
proceedings 14
Permanent Trustee Company Limited may be joined as a party to 15
any legal proceedings in addition to, or instead of, Burns Philp if: 16
(a) Permanent Trustee Company Limited or Burns Philp 17
makes such an application, and 18
(b) it appears to the court to be necessary or proper having 19
regard to the provisions of this Schedule. 20
6 Transferred provisions to which Interpretation Act 1987 applies 21
Clauses 2-5 re-enact (with minor modifications) sections 5 (3) 22
and (4), 6, 10 and 13 of the Burns Philp Trustee Company 23
Limited Act 1990 and are transferred provisions to which section 24
30A of the Interpretation Act 1987 applies. 25
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Statute Law (Miscellaneous Provisions) Bill 2012
Repeals Schedule 5
Schedule 5 Repeals 1
1 Repeal of redundant Acts, instruments and provisions 2
The following Acts and instruments, or provisions of Acts and 3
instruments, are repealed: 4
Act or instrument Provisions repealed
Balmain-Rozelle Anzac Memorial Hall Act Whole Act
1961 No 14
Broken Hill Abattoirs, Markets, and Cattle Whole Act
Sale-yards Act (1900)
Children (Education and Care Services) Part 8
Supplementary Provisions Regulation 2004
Christ Church Cathedral, Newcastle, Sections 3, 6 (1) (d)-(h)
Cemetery Act 1966 No 20 and (2)-(4) and 9
Fish Marketing Act 1994 No 37 Whole Act
Forestry (State Forest Revocation) Act Whole Act
1978 No 98
General Post Office (Approaches Whole Act
Improvement) Act 1889 53 Vic No 13
Leeton War Memorial Act 1961 No 40 Whole Act
Lord Howe Island Aerodrome Act 1974 No 25 Whole Act
Lower South Coast Regional Environmental Whole Plan
Plan No 1
Manly and Warringah District Park Act 1972 Whole Act
No 76
Newcastle Pasturage Reserve Act 1900 No 18 Whole Act
Parramatta Friendly Societies' Hall Site Whole Act
Vesting Act (1904 No 29)
State Environmental Planning Policy (Major Clause 2 of Part 4, and
Development) 2005 clause 4 of Part 31, of
Schedule 3
Statute Law (Miscellaneous Provisions) Act Whole Act
(No 2) 2010 No 119
Statute Law (Miscellaneous Provisions) Act Whole Act
(No 2) 2011 No 62
Sydney Mechanics School of Arts (Enabling) Whole Act
Act 1929 No 1
Page 67
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 5 Repeals
Act or instrument Provisions repealed
Teachers' College Act 1912 No 47 Whole Act
The Standard Insurance Company Limited Whole Act
and Certain Other Insurance Companies
Act 1963 No 18
University of New South Wales (St George Whole Act
Campus) Act 1999 No 45
University of Sydney (J. J. W. Power Bequest) Whole Act
Act 1962 No 18
West Scholarships Act 1930 No 19 Sections 7, 9, 10 and 14
2 Repeal of amending Acts and provisions that have commenced 1
The following Acts or provisions of Acts are repealed: 2
Act Provisions repealed
Australian Mutual Provident Society's Whole Act
(Amendment) Act 1941
Children and Young Persons Legislation Whole Act
(Repeal and Amendment) Act 1998 No 158
Public Holidays Act 2010 No 115 Schedule 2
3 Repeal of provisions of Acts that amend instruments or provisions that 3
have since been repealed 4
The following provisions of Acts are repealed: 5
Act Provisions repealed
Jury Amendment Act 2010 No 55 Schedule 2
Licensing and Registration (Uniform Schedule 4.2 and 4.10,
Procedures) Act 2002 No 28 Part 2 of Schedule 4 and
Schedule 4.30 [1] and
4.32 [1]
4 Repeal of Acts whose provisions are transferred by Schedule 4 6
The following Acts are repealed: 7
(a) Australian Lubricating Oil Refinery Limited Agreement 8
Ratification Act 1962 No 16, 9
(b) Burns Philp Trustee Company Limited Act 1990 No 82, 10
(c) Camperdown Cemetery Act 1948 No 14, 11
Page 68
Statute Law (Miscellaneous Provisions) Bill 2012
Repeals Schedule 5
(d) Notice of Action and Other Privileges Abolition Act 1977 No 19, 1
(e) Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 2
1969 No 56, 3
(f) Sir Henry Parkes National (War) Memorial Museum and Library 4
Act 1957 No 47, 5
(g) Sydney Hospital (Trust Property) Act 1984 No 133, 6
(h) Walsh Bay Development (Special Provisions) Act 1999 No 3, 7
(i) Western Sydney Regional Park (Revocation for Western Sydney 8
Orbital) Act 2001 No 60. 9
Page 69
Statute Law (Miscellaneous Provisions) Bill 2012
Schedule 6 General savings, transitional and other provisions
Schedule 6 General savings, transitional and other 1
provisions 2
1 Effect of amendment of amending provisions 3
(1) An amendment made by Schedule 1 or 2 to an amending provision 4
contained in an Act or instrument is, if the amending provision has 5
commenced before the Schedule 1 or 2 amendment concerned, taken to 6
have effect as from the commencement of the amending provision 7
(whether or not the amending provision has been repealed). 8
(2) In this clause: 9
amending provision means a provision of an Act or instrument that 10
makes a direct amendment to an Act or instrument by: 11
(a) the repeal or omission of matter contained in the amended Act or 12
instrument without the insertion of any matter instead of the 13
repealed or omitted matter, or 14
(b) the omission of matter contained in the amended Act or 15
instrument and the insertion of matter instead of the omitted 16
matter, or 17
(c) the insertion into the amended Act or instrument of matter, not 18
being matter inserted instead of matter omitted from the Act or 19
instrument. 20
Explanatory note 21
This clause ensures that certain amendments, including amendments correcting errors 22
in technical provisions (for example, headings indicating the section to be amended or 23
directions as to where a new section is to be inserted) and rectifying minor drafting 24
errors (for example, corrections in numbering of provisions, correction or insertion of 25
cross-references, omission of unnecessary matter or insertion of omitted matter), will 26
be taken to have commenced on the date the amendments to which they relate 27
commenced. 28
2 Effect of amendment or repeal on acts done or decisions made 29
Except where it is expressly provided to the contrary, if this Act: 30
(a) amends a provision of an Act or an instrument, or 31
(b) repeals and re-enacts (with or without modification) a provision 32
of an Act or an instrument, 33
any act done or decision made under the provision amended or repealed 34
has effect after the amendment or repeal as if it had been done or made 35
under the provision as so amended or repealed. 36
Explanatory note 37
This clause ensures that the amendment or repeal of a provision will not, unless 38
expressly provided, vitiate any act done or decision made under the provision as in 39
force before the amendment or repeal. 40
Page 70
Statute Law (Miscellaneous Provisions) Bill 2012
General savings, transitional and other provisions Schedule 6
3 Effect of amendment on instruments 1
Except where expressly provided to the contrary, any instrument made 2
under an Act amended by this Act, that is in force immediately before 3
the commencement of the amendment, is taken to have been made 4
under the Act as amended. 5
Explanatory note 6
This clause ensures that, unless expressly provided, any instrument that is in force and 7
made under a provision of an Act that is amended or substituted by the proposed Act 8
will be taken to have been made under the Act as amended. 9
4 Revocation of repeal 10
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts 11
or instruments, or provisions of Acts or instruments, by this Act. 12
Explanatory note 13
The effect of this clause is to enable the Governor, by proclamation, to revoke the 14
repeal of any Act or instrument or the provision of any Act or instrument repealed by 15
the proposed Act. The Act or instrument or provision of an Act or instrument the subject 16
of the revocation of repeal is taken not to be, and never to have been, repealed. 17
5 Regulations 18
(1) The Governor may make regulations containing provisions of a savings 19
or transitional nature consequent on the enactment of this Act. 20
(2) Any such provision may, if the regulations so provide, take effect from 21
the date of assent to this Act or a later date. 22
(3) To the extent to which any such provision takes effect from a date that 23
is earlier than the date of its publication on the NSW legislation website, 24
the provision does not operate so as: 25
(a) to affect, in a manner prejudicial to any person (other than the 26
State or an authority of the State), the rights of that person 27
existing before the date of its publication, or 28
(b) to impose liabilities on any person (other than the State or an 29
authority of the State) in respect of anything done or omitted to 30
be done before the date of its publication. 31
Explanatory note 32
This clause enables the making of regulations of a savings or transitional nature having 33
a short term effect and relating to incidental matters arising out of the proposed Act with 34
regard to which no specific, or sufficient, provision has been made in the proposed Act. 35
Page 71
Statute Law (Miscellaneous Provisions) Bill 2012
Notes
Notes 1
Index of Acts and instruments amended by Schedules 1-4 2
Aboriginal Land Rights Act 1983 No 42--Schedule 1 3
Aboriginal Land Rights Regulation 2002--Schedule 2 4
Agricultural Industry Services Regulation 2009--Schedule 3 5
Anglican Church of Australia Trust Property Act 1917 No 21--Schedule 4 6
Animal Diseases (Emergency Outbreaks) Act 1991 No 73--Schedule 1 7
Anti-Discrimination Act 1977 No 48--Schedule 2 8
Architects Regulation 2004--Schedule 3 9
Australian Oil Refining Limited Agreement Ratification Act 1954 No 34-- 10
Schedule 4 11
Barangaroo Delivery Authority Act 2009 No 2--Schedule 1 12
Betting Tax Act 2001 No 43--Schedule 2 13
Births, Deaths and Marriages Registration Act 1995 No 62--Schedule 1 14
Bland Local Environmental Plan 2011--Schedule 2 15
Catchment Management Authorities Act 2003 No 104--Schedule 2 16
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 2 17
Christ Church Cathedral, Newcastle, Cemetery Act 1966 No 20--Schedule 4 18
Civil Liability Act 2002 No 22--Schedule 2 19
Coastal Protection Act 1979 No 13--Schedule 2 20
Coffs Harbour City Centre Local Environmental Plan 2011--Schedule 2 21
Confiscation of Proceeds of Crime Regulation 2010--Schedule 3 22
Conversion of Cemeteries Act 1974 No 17--Schedule 4 23
Conveyancing (General) Regulation 2008--Schedule 2 24
Co-operatives (Adoption of National Law) Act 2012 No 29--Schedule 2 25
Crimes Act 1900 No 40--Schedule 1 26
Crimes (Administration of Sentences) Act 1999 No 93--Schedule 2 27
Dust Diseases Tribunal Regulation 2007--Schedule 3 28
Election Funding, Expenditure and Disclosures Regulation 2009--Schedule 3 29
Electricity (Consumer Safety) Act 2004 No 4--Schedule 2 30
Environmental Planning and Assessment Act 1979 No 203--Schedules 1, 2 and 4 31
Environmental Planning and Assessment Regulation 2000--Schedule 2 32
Evidence (Audio and Audio Visual Links) Act 1998 No 105--Schedule 1 33
Evidence Regulation 2010--Schedule 3 34
Exhibited Animals Protection Act 1986 No 123--Schedule 1 35
Explosives Act 2003 No 39--Schedule 1 36
Page 72
Statute Law (Miscellaneous Provisions) Bill 2012
Notes
Firearms Act 1996 No 46--Schedule 1 1
Fisheries Management Act 1994 No 38--Schedule 1 2
Health Care Complaints Act 1993 No 105--Schedules 1 and 2 3
Health Records and Information Privacy Act 2002 No 71--Schedule 1 4
Health Services Act 1997 No 154--Schedules 1, 2 and 4 5
Heritage Act 1977 No 136--Schedules 1 and 4 6
Home Building Act 1989 No 147--Schedule 1 7
Home Building Regulation 2004--Schedule 2 8
Interpretation Act 1987 No 15--Schedule 1 9
Kogarah Local Environmental Plan 1998--Schedule 2 10
ake Macquarie Local Environmental Plan 2004--Schedule 2 11
egal Profession Regulation 2005--Schedule 3 12
imitation Act 1969 No 31--Schedule 4 13
iquor Act 2007 No 90--Schedule 1 14
ocal Government Act 1993 No 30--Schedule 2 15
ocal Government (General) Regulation 2005--Schedule 3 16
ord Howe Island Regulation 2004--Schedule 3 17
Maitland Local Environmental Plan 2011--Schedule 2 18
Mental Health (Forensic Provisions) Act 1990 No 10--Schedule 2 19
Motor Vehicle Repairs Act 1980 No 71--Schedule 1 20
Motor Vehicles Taxation Act 1988 No 111--Schedule 1 21
Murray Local Environmental Plan 2011--Schedule 2 22
National Parks and Wildlife Act 1974 No 80--Schedule 1 23
National Trust of Australia (New South Wales) Act 1990 No 92--Schedule 4 24
Non-Indigenous Animals Act 1987 No 166--Schedule 2 25
Parliamentary Electorates and Elections Regulation 2008--Schedule 3 26
Penrith Local Environmental Plan No 201 (Rural Lands)--Schedule 2 27
Petroleum (Onshore) Act 1991 No 84--Schedule 1 28
Plantations and Reafforestation Act 1999 No 97--Schedule 1 29
Poisons and Therapeutic Goods Act 1966 No 31--Schedule 2 30
Ports and Maritime Administration Regulation 2007--Schedule 3 31
Probate and Administration Act 1898 No 13--Schedule 2 32
Property, Stock and Business Agents (Qualifications) Order 2009--Schedule 2 33
Protection of the Environment Operations (Clean Air) Regulation 2010--Schedule 2 34
Public Health (Tobacco) Act 2008 No 94--Schedule 1 35
Racing Administration Act 1998 No 114--Schedule 2 36
Page 73
Statute Law (Miscellaneous Provisions) Bill 2012
Notes
Radiation Control Regulation 2003--Schedule 2 1
Residential Tenancies Act 2010 No 42--Schedule 1 2
Richmond Valley Local Environmental Plan 2012--Schedule 2 3
Road Transport (General) Regulation 2005--Schedule 2 4
Road Transport (Vehicle Registration) Act 1997 No 119--Schedule 2 5
Rural Lands Protection Regulation 2010--Schedule 3 6
Security Industry Act 1997 No 157--Schedule 2 7
State Environmental Planning Policy (Sydney Region Growth Centres) 2006-- 8
Schedule 2 9
Status of Children Regulation 2008--Schedule 3 10
Subordinate Legislation Act 1989 No 146--Schedule 1 11
Superannuation Act 1916 No 28--Schedule 2 12
Threatened Species Conservation Act 1995 No 101--Schedule 2 13
Trustee Companies Act 1964 No 6--Schedule 4 14
University of Wollongong By-law 2005--Schedule 2 15
Walsh Bay Development (Special Provisions) Act 1999 No 3--Schedule 2 16
Water Management Act 2000 No 92--Schedule 1 17
Water Management Amendment Act 2008 No 73--Schedule 1 18
Water Sharing Plan for the Adelong Creek Water Source 2003--Schedule 2 19
Water Sharing Plan for the Apsley River Water Source 2003--Schedule 2 20
Water Sharing Plan for the Castlereagh River above Binnaway Water Source 21
2003--Schedule 2 22
Water Sharing Plan for the Commissioners Waters Water Source 2003--Schedule 2 23
Water Sharing Plan for the Dorrigo Plateau Surface Water Source and Dorrigo 24
Basalt Groundwater Source 2003--Schedule 2 25
Water Sharing Plan for the Intersecting Streams Unregulated and Alluvial Water 26
Sources 2011--Schedule 2 27
Water Sharing Plan for the Jilliby Jilliby Creek Water Source 2003--Schedule 2 28
Water Sharing Plan for the Kangaroo River Water Source 2003--Schedule 2 29
Water Sharing Plan for the Karuah River Water Source 2003--Schedule 2 30
Water Sharing Plan for the Lower Murray Shallow Groundwater Source 2012-- 31
Schedule 2 32
Water Sharing Plan for the Lower Murray-Darling Unregulated and Alluvial Water 33
Sources 2011--Schedule 2 34
Water Sharing Plan for the Mandagery Creek Water Source 2003--Schedule 2 35
Water Sharing Plan for the Murray Unregulated and Alluvial Water Sources 2011-- 36
Schedule 2 37
Page 74
Statute Law (Miscellaneous Provisions) Bill 2012
Notes
Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated 1
Rivers Water Sources 2003--Schedule 2 2
Water Sharing Plan for the NSW Great Artesian Basin Groundwater Sources 2008-- 3
Schedule 2 4
Water Sharing Plan for the NSW Great Artesian Basin Shallow Groundwater 5
Sources 2011--Schedule 2 6
Water Sharing Plan for the NSW Murray Darling Basin Fractured Rock 7
Groundwater Sources 2011--Schedule 2 8
Water Sharing Plan for the NSW Murray Darling Basin Porous Rock Groundwater 9
Sources 2011--Schedule 2 10
Water Sharing Plan for the Ourimbah Creek Water Source 2003--Schedule 2 11
Water Sharing Plan for the Phillips Creek, Mooki River, Quirindi Creek and Warrah 12
Creek Water Sources 2003--Schedule 2 13
Water Sharing Plan for the Tarcutta Creek Water Source 2003--Schedule 2 14
Water Sharing Plan for the Tenterfield Creek Water Source 2003--Schedule 2 15
Water Sharing Plan for the Toorumbee Creek Water Source 2003--Schedule 2 16
Water Sharing Plan for the Upper Billabong Water Source 2003--Schedule 2 17
Water Sharing Plan for the Upper Brunswick River Water Source 2003--Schedule 2 18
Water Sharing Plan for the Wandella Creek Water Source 2003--Schedule 2 19
Water Sharing Plan for the Wybong Creek Water Source 2003--Schedule 2 20
Waverley Local Environmental Plan 1996--Schedule 2 21
Work Health and Safety Act 2011 No 10--Schedule 1 22
Work Health and Safety Regulation 2011--Schedule 2 23
Index of Acts and instruments wholly repealed by Schedule 5 24
Australian Lubricating Oil Refinery Limited Agreement Ratification Act 1962 No 16 25
Australian Mutual Provident Society's (Amendment) Act 1941 26
Balmain-Rozelle Anzac Memorial Hall Act 1961 No 14 27
Broken Hill Abattoirs, Markets, and Cattle Sale-yards Act (1900) 28
Burns Philp Trustee Company Limited Act 1990 No 82 29
Camperdown Cemetery Act 1948 No 14 30
Children and Young Persons Legislation (Repeal and Amendment) Act 1998 No 158 31
Fish Marketing Act 1994 No 37 32
Forestry (State Forest Revocation) Act 1978 No 98 33
General Post Office (Approaches Improvement) Act 1889 53 Vic No 13 34
eeton War Memorial Act 1961 No 40 35
ord Howe Island Aerodrome Act 1974 No 25 36
ower South Coast Regional Environmental Plan No 1 37
Page 75
Statute Law (Miscellaneous Provisions) Bill 2012
Notes
Manly and Warringah District Park Act 1972 No 76 1
Newcastle Pasturage Reserve Act 1900 No 18 2
Notice of Action and Other Privileges Abolition Act 1977 No 19 3
Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969 No 56 4
Parramatta Friendly Societies' Hall Site Vesting Act (1904 No 29) 5
Sir Henry Parkes National (War) Memorial Museum and Library Act 1957 No 47 6
Statute Law (Miscellaneous Provisions) Act (No 2) 2010 No 119 7
Statute Law (Miscellaneous Provisions) Act (No 2) 2011 No 62 8
Sydney Hospital (Trust Property) Act 1984 No 133 9
Sydney Mechanics School of Arts (Enabling) Act 1929 No 1 10
Teachers' College Act 1912 No 47 11
The Standard Insurance Company Limited and Certain Other Insurance Companies 12
Act 1963 No 18 13
University of New South Wales (St George Campus) Act 1999 No 45 14
University of Sydney (J. J. W. Power Bequest) Act 1962 No 18 15
Walsh Bay Development (Special Provisions) Act 1999 No 3 16
Western Sydney Regional Park (Revocation for Western Sydney Orbital) Act 2001 17
No 60 18
Index of Acts and instruments partly repealed by Schedule 5 19
Children (Education and Care Services) Supplementary Provisions Regulation 2004 20
Christ Church Cathedral, Newcastle, Cemetery Act 1966 No 20 21
Jury Amendment Act 2010 No 55 22
icensing and Registration (Uniform Procedures) Act 2002 No 28 23
Public Holidays Act 2010 No 115 24
State Environmental Planning Policy (Major Development) 2005 25
West Scholarships Act 1930 No 19 26
Page 76
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