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STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (NO 2) 1999




                           New South Wales




Statute Law (Miscellaneous Provisions)
Bill (No 2) 1999


Contents
                                                                           Page

            1   Name of Act                                                  2
            2   Commencement                                                 2
            3   Amendments                                                   2
            4   Repeals                                                      2
            5   General savings, transitional and other provisions           2
            6   Explanatory notes                                            2


Schedules
            1 Minor amendments                                               3
              Associations Incorporation Act 1984 No 143
              Banana Industry Act 1987 No 66
              Board of Adult and Community Education Act 1990
              No 119
              Board of Vocational Education and Training Act 1994
              No 33
              Charitable Trusts Act 1993 No 10
              Children (Detention Centres) Act 1987 No 57
              Children (Interstate Transfer of Offenders) Act 1988 No 85
              Criminal Assets Recovery Act 1990 No 23
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Contents

                                                                                Page

                      Crown Lands Act 1989 No 6
                      Dams Safety Act 1978 No 96
                      Electricity Supply Act 1995 No 94
                      Fair Trading Tribunal Act 1998 No 161
                      Fines Act 1996 No 99
                      Fisheries Management Act 1994 No 38
                      Guardianship Act 1987 No 257
                      Interpretation Act 1987 No 15
                      Liquor Act 1982 No 147
                      Macquarie University Act 1989 No 126
                      Meat Industry Act 1978 No 54
                      National Parks and Wildlife Act 1974 No 80
                      Police Integrity Commission Act 1996 No 28
                      Residential Parks Act 1998 No 142
                      Southern Cross University Act 1993 No 69
                      Statutory and Other Offices Remuneration Act 1975 (1976
                      No 4)
                      Stock Foods Act 1940 No 19
                      Sydney Harbour Foreshore Authority Act 1998 No 170
                      University of Newcastle Act 1989 No 68
                      Unlawful Gambling Act 1998 No 113
                      Waste Minimisation and Management Act 1995 No 102
                  2   Amendments by way of statute law revision                  34
                  3   Amendments transferring provisions                         59
                  4   Repeals                                                    72
                  5   General savings, transitional and other provisions         96

Notes
                      Index of Acts amended, or partially repealed, by
                      Schedules 1-4                                              98
                      Index of Acts wholly repealed by Schedule 4               108




Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.


                                              Clerk of the Legislative Assembly.
                                              Legislative Assembly,
                                              Sydney,                       , 1999




                               New South Wales



Statute Law (Miscellaneous Provisions)
Bill (No 2) 1999

Act No     , 1999



An Act to repeal certain Acts and to amend certain other Acts in various respects
and for the purpose of effecting statute law revision; and to make certain savings.




I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.


                            Chairman of Committees of the Legislative Assembly.
Clause 1           Statute Law (Miscellaneous Provisions) Bill (No 2) 1999




The Legislature of New South Wales enacts:


  1      Name of Act
             This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 1999.

  2      Commencement
         (1) This Act commences on the date of assent, except as provided by
             subsection (2).
         (2) The amendments made by Schedules 1 and 2 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 on the date of assent.

  3      Amendments
             Each Act specified in Schedules 1-3 is amended as set out in those
             Schedules.

  4      Repeals
             Each Act specified in Schedule 4 is, to the extent indicated in that
             Schedule, repealed.

  5      General savings, transitional and other provisions
             Schedule 5 has effect.

  6      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 (No 2) 1999

Minor amendments                                                                       Schedule 1




Schedule 1            Minor amendments
                                                                                          (Section 3)


1.1    Associations Incorporation Act 1984 No 143

 [1]   Schedule 2 Provisions relating to property, liabilities, etc, of
       incorporated associations
       Insert ", to duty under the Duties Act 1997" after "duty" in clause 10.

 [2]   Schedule 2, clause 10 (2)
       Insert at the end of the clause:
                (2) A dutiable transaction within the meaning of the Duties Act 1997
                    that is not in writing and that occurs only for:
                    (a)      a purpose ancillary to, or consequential on, the operation of
                             this Schedule, or
                    (b)      the purpose of giving effect to this Schedule,
                      is not liable to duty under the Duties Act 1997.
       Explanatory note
       Clause 10 of Schedule 2 to the Associations Incorporation Act 1984 exempts an association
       incorporated under the Act from liability for any stamp duty or to any fee or charge payable
       under any Act for registration of a document or instrument brought into existence for the
       purposes of the incorporation of the association under the Act. Item [1] of the proposed
       amendments extends the exemption to duty under the Duties Act 1997.
       Under the Duties Act 1997, a transaction for which a liability for duty arises can occur without
       a document or instrument being brought into existence to effect the transaction. Item [2] of the
       proposed amendments makes it clear that the exemption from liability to pay duty under the
       Duties Act 1997 extends to dutiable transactions that are not in writing.


1.2    Banana Industry Act 1987 No 66

       Schedule 3 Savings, transitional and other provisions
       Insert after clause 14 (4):
                (5) Despite clause 1 (2) of Schedule 1 and subclause (2) of this clause
                    but subject to the other provisions of this Act, the regional member
                    who assumed office on 30 July 1997 to represent the Nambucca
                    Region holds that office until the end of 29 September 2000.
       Explanatory note
       In 1996, the Banana Industry Act 1987 was amended to provide for the election of members
       to the Banana Industry Committee to represent a number of industry regions determined by the
       Minister administering the Act. Six regions were established and elections accordingly held for
       each region.


                                                                                              Page 3
                    Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1          Minor amendments




         The election for the regional member for the Nambucca Region was uncontested with the result
         that the only candidate assumed office on 30 July 1997, earlier than the other regional members
         who assumed office on 30 September 1997 after ballots were held. The Minister determined
         the terms of office for the initial regional members so as to provide for two members to come
         up for election each year. The terms of office of the regional member for the Nambucca Region
         and one other regional member expire 3 years from the date of their election.
         The proposed amendment extends the term of office of the regional member for the Nambucca
         Region from the end of 29 July 2000 to the end of 29 September 2000 to bring it into line with
         the expiration of the term of office of the other regional member due to vacate office next year.


1.3      Board of Adult and Community Education Act 1990 No 119

 [1]     Section 5 Membership of Board
         Omit "9" from section 5 (1) (a). Insert instead "10".

 [2]     Section 5 (1) (c)
         Omit the paragraph.

 [3]     Section 5 (1) (d)
         Omit "Department of Further Education, Training and Employment".
         Insert instead "Department of Education and Training".

 [4]     Schedule 1 Provisions relating to members of Board
         Omit "section 5 (1) (c)-(e)" from the definition of ex-officio member in
         clause 1.
         Insert instead "section 5 (1) (d) or (e)".
         Transitional
         If, on the commencement of the amendments to the Board of Adult and Community Education
         Act 1990, the membership of the Board of Adult and Community Education fails to comply with
         section 5 (1) (a) of the Act as so amended, there is for the purposes of clause 7 of Schedule 1
         to the Act taken to be a vacancy in the office of the member in respect of which the failure
         exists.
         Explanatory note
         Item [1] of the proposed amendments increases (from 9 to 10) the number of community
         members on the Board of Adult and Community Education constituted under the Board of Adult
         and Community Education Act 1990.
         Item [2] of the proposed amendments omits a provision so as to change the number of
         representatives of the Department of Education and Training on the Board from 2 to 1. The
         representative of the Department will be the Director-General of that Department. No change
         is made to section 5 (1) (b) which provides for a member to be appointed on the nomination
         of the TAFE Commission Board.
         Item [3] of the proposed amendments updates a reference to a Department.
         Item [4] of the proposed amendments makes a consequential amendment.




Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                                        Schedule 1




1.4    Board of Vocational Education and Training Act 1994 No 33

 [1]   Section 3 Definitions
       Omit "section 5 (2) (d)" from the definition of appointed member in
       section 3 (1).
       Insert instead "section 5 (2) (b)".

 [2]   Section 5 Constitution of the Board
       Omit section 5 (2) (a)-(d). Insert instead:
                   (a)     one is to be the Director-General of the Department of
                           Education and Training, and
                   (b)     8 are to be persons appointed by the Minister.
       Commencement
       The amendments to the Board of Vocational Education and Training Act 1994 commence on
       1 January 2000.
       Explanatory note
       Item [2] of the proposed amendments alters the constitution of the Board of Vocational
       Education and Training constituted under the Board of Vocational Education and Training Act
       1994 by providing that the 9 part-time members of the Board are to be the Director-General of
       the Department of Education and Training and 8 persons appointed by the Minister
       administering the Act. (Currently, the Board consists of 6 persons appointed by the Minister, the
       Managing Director of the TAFE Commission and (by operation of the Public Sector
       Management (Department of Education and Training) Order (No 2) 1997) 2 office holders in the
       Department of Education and Training.)
       Item [1] of the proposed amendments makes a consequential amendment.


1.5    Charitable Trusts Act 1993 No 10

       Section 6 Bringing of certain charitable trust proceedings to be
       authorised by Attorney General or by leave
       Insert after section 6 (2):
              (2A) Any such authority or leave may also be given after charitable trust
                   proceedings have been brought so as to enable the continuation of
                   those proceedings.
       Transitional
       The amendment to the Charitable Trusts Act 1993 extends to charitable trust proceedings
       within the meaning of section 5 of the Act commenced, but not determined, before the
       commencement of the amendment.
       Explanatory note
       Section 6 (1) of the Charitable Trusts Act 1993 provides that proceedings involving the
       administration of a charitable trust must not be commenced unless they have been authorised
       by the Attorney General or the Supreme Court has given leave.




                                                                                               Page 5
                    Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1          Minor amendments




         The proposed amendment provides that proceedings brought without that authority or leave
         may be continued once the necessary authority of the Attorney General or the leave of the
         Supreme Court is obtained.


1.6      Children (Detention Centres) Act 1987 No 57

 [1]     The whole Act (except section 3 (1), definition of "superintendent" and
         section 25 (4))
         Omit "superintendent" wherever occurring.
         Insert instead "centre manager".

 [2]     Section 3 Definitions
         Insert in alphabetical order in section 3 (1):
                       centre manager of a detention centre means the person for the
                       time being in charge of the centre.

 [3]     Section 3 (1), definition of "Department"
         Omit "Department of Youth and Community Services".
         Insert instead "Department of Juvenile Justice".

 [4]     Section 3 (1), definition of "superintendent"
         Omit the definition.
         Explanatory Note
         Item [2] of the proposed amendments inserts a definition of centre manager as a result of a
         change in the title (from "superintendent" to "centre manager") of the person for the time being
         in charge of a detention centre.
         Items [1] and [4] of the proposed amendments make consequential amendments.
         Item [3] of the proposed amendments updates a reference to a Department.


1.7      Children (Interstate Transfer of Offenders) Act 1988 No 85

 [1]     Section 3 Definitions
         Insert in alphabetical order:
                       Department means the Department of Juvenile Justice.

 [2]     Section 3, definition of "Director-General"
         Omit "of Family and Community Services".

 [3]     Sections 9 (2) (c) and 16
         Omit "of Family and Community Services" wherever occurring.



Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                                        Schedule 1




 [4]   Section 14 Lawful custody for transit through New South Wales
       Omit "superintendent" wherever occurring.
       Insert instead "centre manager".
       Explanatory note
       Item [1] of the proposed amendments inserts a definition of Department for the purposes of
       the Act.
       Items [2] and [3] of the proposed amendments make consequential amendments.
       Item [4] of the proposed amendments changes references in the Act to the person in charge
       of a detention centre from "superintendent" to "centre manager". This amendment is
       consequential on amendments to the Children (Detention Centres) Act 1987 made elsewhere
       in this Schedule.


 1.8   Criminal Assets Recovery Act 1990 No 23

       Section 32 Establishment and use of Proceeds Account
       Insert "victims support programs," after "law enforcement," in section
       32 (3) (d).
       Explanatory Note
       The proposed amendment enables money in the Confiscated Proceeds Account established
       under the Criminal Assets Recovery Act 1990 to be applied towards victims support programs
       at the direction of the Treasurer in consultation with the Minister administering the Act. The Act
       provides for such money to be applied to (among other things) programs such as crime
       prevention programs and drug rehabilitation programs.


 1.9   Crown Lands Act 1989 No 6

       Section 155 Offences on public land
       Omit "depasture" from section 155 (1) (c).
       Insert instead "graze".
       Explanatory note
       The proposed amendment replaces the word "depasture" with the more commonly used word
       "graze".


1.10   Dams Safety Act 1978 No 96

       Section 8 Members
       Omit "Sydney Water Corporation referred to in the Water Board
       (Corporatisation) Act 1994" from section 8 (2) (b).
       Insert instead "Sydney Catchment Authority constituted under the Sydney Water
       Catchment Management Act 1998".



                                                                                                Page 7
                   Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1         Minor amendments




         Transitional
         The person holding office under section 8 (2) (b) of the Dams Safety Act 1978 immediately
         before the commencement of the amendment to the paragraph is taken to have been
         nominated under the paragraph as so amended.
         Explanatory note
         Section 8 of the Dams Safety Act 1978 provides for the membership of the Dams Safety
         Committee constituted under the Act. One of the 8 part-time members of the Committee is
         nominated by the Sydney Water Corporation.
         The Sydney Catchment Authority was constituted by the Sydney Water Catchment
         Management Act 1998 and, on 2 July 1999, ownership of a number of dams listed in Schedule
         1 to the Dams Safety Act 1978 and owned by the Sydney Water Corporation was transferred
         to the Sydney Catchment Authority by order of the Governor made under clause 2 of Schedule
         3 to the Sydney Water Catchment Management Act 1998.
         The proposed amendment reflects the change of ownership of those dams by providing for the
         member of the Dams Safety Committee currently nominated by the Sydney Water Corporation
         to be nominated by the Sydney Catchment Authority.


1.11     Electricity Supply Act 1995 No 94

 [1]     Section 43A Definitions
         Insert in alphabetical order:
                       electricity network pricing determination means a determination
                       of the distribution network service pricing in accordance with the
                       National Electricity Code for the provision of electricity network
                       services by a licensed electricity distributor.

 [2]     Section 43A, definition of "IPART electricity network pricing
         determination"
         Omit the definition.

 [3]     Section 43B Pricing of electricity for non-franchise customers
         Omit "maximum" from section 43B (1).

 [4]     Section 43B (1)
         Omit "IPART".

 [5]     Section 43B (2) and (3)
         Omit section 43B (2). Insert instead:
                  (2) An electricity network pricing determination increased in
                      accordance with this section has effect under the National
                      Electricity Code as if the determination included the increase.
                  (3) An electricity network pricing determination that includes an
                      amount determined by an order made as referred to in subsection
                      (1) is not to be further increased in accordance with this section.

Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                           Schedule 1




 [6]   Section 43E Operation of Division
       Insert after section 43E (6):
              (6A) This Division does not apply to transmission services within the
                   meaning of the National Electricity Code that are regulated under
                   Chapters 6 and 9 of that Code.

 [7]   Section 43M Definitions
       Omit the definitions of Code and electricity transmission network services.

 [8]   Section 43M, definition of "electricity network pricing determination"
       Omit "Code for the provision of electricity transmission network services".
       Insert instead "National Electricity Code for the provision of electricity network
       services".

 [9]   Section 43N Pricing of electricity for direct customers
       Omit "electricity transmission network services" from section 43N (1).
       Insert instead "electricity network services".

[10]   Section 43N (2)
       Insert "National Electricity" before "Code".

[11]   Section 43P Operation of Division
       Insert after section 43P (4):
              (4A) This Division does not apply to distribution services within the
                   meaning of the National Electricity Code that are regulated under
                   Chapters 6 and 9 of that Code.

[12]   Section 99A Electricity network pricing determinations
       Omit "IPART electricity network pricing determinations are to be made under
       the Independent Pricing and Regulatory Tribunal Act 1992".
       Insert instead "An electricity network pricing determination referred to in
       Division 4 of Part 4 or Division 2 of Part 4A is to be made under the National
       Electricity Code".

[13]   Section 106 Regulations
       Insert after section 106 (1) (g1):
                     (g2)    the development and implementation by network operators
                             of plans designed to ensure that their transmission or
                             distribution systems are adequate for the demand placed on
                             them and that the supply of electricity by those systems is
                             of an appropriate quality and level of reliability,

                                                                                 Page 9
                 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1       Minor amendments




[14]   Schedule 2 Licences
       Omit "at the end of the period of 3 years after the conditions are imposed" from
       clause 6 (8).
       Insert instead "as soon as practicable after each occasion on which a report
       referred to in subclause (7) is tabled in the Legislative Assembly".

[15]   Schedule 2, clause 8
       Insert after clause 8 (3):
               (4) Nothing in this clause prevents a licence from being cancelled at
                   the request of its holder.

[16]   Schedule 2, clause 9
       Insert at the end of the clause:
               (2) This clause does not apply to action taken at the request of the
                   holder of the licence.

[17]   Schedule 3 Distribution districts
       Omit "Energy South", "Far West Energy", "MetNorth Energy", "MetSouth
       Energy", "MidState Energy" and "NorthPower Energy".
       Insert instead "Great Southern Energy", "Australian Inland Energy",
       "EnergyAustralia", "Integral Energy Australia", "Advance Energy" and
       "NorthPower" respectively.

[18]   Schedule 6 Savings, transitional and other provisions
       Insert after Part 2:


       Part 3 Miscellaneous
          20    Existing licences
                     The amendments made to Schedule 2 to this Act by Schedule 1 to
                     the Statute Law (Miscellaneous Provisions) Act (No 2) 1999
                     extend to a licence in force immediately before the commencement
                     of those amendments.

[19]   Dictionary
       Omit the definition of electricity network services.




Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                                            Schedule 1




[20]   Dictionary
       Insert in alphabetical order:
                     electricity network services means transmission services, and
                     distribution services, within the meaning of the National Electricity
                     Code that are regulated under Chapters 6 and 9 of that Code.
                     National Electricity Code means the National Electricity Code, as
                     in force from time to time, referred to in the National Electricity
                     (NSW) Law.
       Commencement
       Items [1]-[12], [19] and [20] of the amendments to the Electricity Supply Act 1995 commence
       on a day or days to be appointed by proclamation.
       Explanatory note
       Pricing of electricity network services provided by licensed electricity distributors
       The Electricity Supply Amendment Act 1999 amended the Electricity Supply Act 1995 to
       provide for the price for the provision of electricity network services by a transmission operator
       to be determined by the Australian Competition and Consumer Commission under the National
       Electricity Code rather than by the Independent Pricing and Regulatory Tribunal under the
       Independent Pricing and Regulatory Tribunal Act 1992.
       Items [1]-[6], [12], [19] and [20] of the proposed amendments amend the Electricity Supply Act
       1995 in anticipation of arrangements that are proposed to come into effect on 1 February 2000
       under which the price for the provision of electricity network services by a licensed electricity
       distributor will be determined by the Independent Pricing and Regulatory Tribunal under the
       National Electricity Code rather than under the Independent Pricing and Regulatory Tribunal Act
       1992 as is currently the case.
       Items [7]-[11] of the proposed amendments make consequential amendments.
       Regulations relating to network management plans
       Section 106 (1) (g1) of the Electricity Supply Act 1995 enables regulations to be made requiring
       network operators to develop and implement plans designed to ensure the safe operation of
       their transmission or distribution systems. Item [13] of the proposed amendments enables
       regulations to be made requiring network operators to develop and implement plans to ensure
       that their transmission or distribution systems are adequate for the demand placed on them and
       that the supply of electricity by those systems is of an appropriate quality and level of reliability.
       Amendments relating to licences
       Item [14] of the proposed amendments requires the Minister for Energy to review conditions
       imposed on holders of retail suppliers' licences relating to the environmental performance of the
       holders, including the condition requiring the holder of such a licence to develop strategies
       relating to the reduction of greenhouse gas emissions, as soon as practicable after each
       occasion on which the report on each audit required to be prepared by the Environment
       Protection Authority on the effectiveness of such strategies is tabled in the Legislative
       Assembly. (Currently the Act requires the review to be conducted 3 years after the conditions
       are imposed.)
       Item [15] of the proposed amendments enables a licence to be cancelled at the request of its
       holder. Item [16] of the proposed amendments makes a consequential amendment.
       Item [18] of the proposed amendments contains a provision of a transitional nature consequent
       on items [14]-[16].
       Names of certain electricity distributors
       Item [17] of the proposed amendments updates the names of certain electricity distributors.



                                                                                                  Page 11
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1        Minor amendments




1.12   Fair Trading Tribunal Act 1998 No 161

 [1]   Schedule 5 Savings, transitional and other provisions
       Omit the definition of closure date from clause 2.

 [2]   Schedule 5, clauses 3 (1) and 5 (1) (a) and (2) (a)
       Omit "its closure date" wherever occurring. Insert instead "1 March 1999".

 [3]   Schedule 5, clause 4A
       Insert after clause 4:

          4A    Appeals concerning BSC insurance decisions
                (1) The Tribunal has the jurisdiction that the Commercial Tribunal
                    constituted under the Commercial Tribunal Act 1984 had pursuant
                    to clause 37 of Schedule 4 to the Home Building Act 1989
                    immediately before 1 March 1999 in respect of decisions made
                    (before or after that date) in relation to claims under BSC
                    insurance within the meaning of that clause.
                (2) This clause is subject to clauses 5 and 5A.
                (3) The exercise, or purported exercise, on or after 1 March 1999 and
                    before the commencement of this clause, by the Tribunal of the
                    jurisdiction conferred by this clause is validated and taken, at the
                    time it was exercised, or purported to be exercised, and at all times
                    thereafter, to have been validly exercised.

 [4]   Schedule 5, clause 5A (1)
       Omit "the closure date". Insert instead "1 March 1999".
       Explanatory note
       The Fair Trading Tribunal Act 1998 commenced on 1 March 1999. It abolished a number of
       bodies, including the Commercial Tribunal, and conferred jurisdiction in respect of most of the
       matters formerly dealt with by those bodies on the Fair Trading Tribunal. However, savings
       provisions relating to the Commercial Tribunal enabled that Tribunal to continue to hear some
       matters.
       Item [3] of the proposed amendments clarifies the position concerning the jurisdiction of the Fair
       Trading Tribunal to hear appeals by claimants against decisions concerning two insurance
       schemes previously administered under the Home Building Act 1989. These were the BSC
       Comprehensive Insurance Scheme and the BSC Special Insurance Scheme. Before the
       constitution of the Fair Trading Tribunal, all appeals concerning these schemes were heard by
       the Commercial Tribunal. The Fair Trading Tribunal has been hearing appeals made since 1
       March 1999. Appeals made before that date are to continue to be heard by the Commercial
       Tribunal until a final cut-off date of 1 November 1999. Item [3] confirms the jurisdiction of the
       Fair Trading Tribunal and validates the exercise of its jurisdiction since 1 March 1999.
       Items [1], [2] and [4] of the proposed amendments make consequential amendments.




Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                                     Schedule 1




1.13   Fines Act 1996 No 99

       Schedule 1 Statutory provisions under which penalty notices issued
       Insert in alphabetical order:
                      Sydney Harbour Foreshore Authority Act 1998, section 43A
       Explanatory note
       The proposed amendment provides for the enforcement of penalty notices issued under the
       Sydney Harbour Foreshore Authority Act 1998 and is consequential on the amendment made
       to that Act set out elsewhere in this Schedule providing for the issue of penalty notices.


1.14   Fisheries Management Act 1994 No 38

 [1]   Section 220D Amendment of lists
       Insert "published in the Gazette" after "order" wherever occurring in section
       220D (1) and (2).

 [2]   Schedule 7 Savings, transitional and other provisions
       Insert after clause 23:

         24     Saving of certain orders
                      An order made under section 220D before the commencement of
                      the amendment made to that section by Schedule 1 to the Statute
                      Law (Miscellaneous Provisions) Act (No 2) 1999 is taken to have
                      been made under the section as so amended.
       Explanatory note
       Item [1] of the proposed amendments makes it clear that an order of the Minister administering
       the Act to amend Schedules 4, 5 or 6 to the Act (which contain lists of endangered species,
       populations and ecological communities, vulnerable species and key threatening processes)
       is to be published in the Gazette.
       Item [2] of the proposed amendments contains a provision of a savings nature consequent on
       item [1].


1.15   Guardianship Act 1987 No 257

 [1]   Section 3F Persons who are "parties" to proceedings under this Act
       Insert "if the relationship between the person and the spouse is close and
       continuing," at the end of section 3F (2) (c), (3) (c), (4) (d), 5 (c) and (7) (c).

 [2]   Section 14 Tribunal may make guardianship orders
       Insert "if the relationship between the person and the spouse is close and
       continuing," before "and" in section 14 (2) (a) (ii).


                                                                                           Page 13
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1        Minor amendments




 [3]   Section 51A Fewer than 3 Tribunal members may deal with certain
       matters
       Insert after section 51A (1) (b) (ii):
                             (iia) the making of orders requiring and securing
                                    separate representation for a person in proceedings
                                    before it relating to the person,

 [4]   Schedule 3 Savings and transitional provisions
       Insert after Part 2:


       Part 3 Miscellaneous
             8   Separate representation
                       The amendment made to section 51A by Schedule 1 to the Statute
                       Law (Miscellaneous Provisions) Act (No 2) 1999 extends to
                       proceedings commenced, but not determined by the Tribunal,
                       before the commencement of the amendment.
       Explanatory note
       Requirement for close and continuing relationship with spouse
       Section 3F of the Guardianship Act 1987 provides that the spouse of a person who is the
       subject of an application to the Tribunal is a party to proceedings in relation to the application.
       Item [1] of the proposed amendments provides that the spouse of such a person is a party to
       the proceedings only if the relationship between the spouse and the person is a close and
       continuing one.
       The proposed amendment makes section 3F consistent with section 33A of the Act which
       provides that one of the persons who is authorised to give consent to the medical or dental
       treatment of an adult person who lacks the capacity to consent to their own medical and dental
       treatment is the spouse of the person if the relationship between the spouse and the person
       is a close and continuing one.
       Section 14 of the Act requires the Guardianship Tribunal to take into account the views of the
       spouse of a person who is the subject of an application for a guardianship order. Item [2] of the
       proposed amendments will require the views of the spouse of the person to be taken into
       account only if the relationship between the spouse and the person concerned is a close and
       continuing one.
       Additional matter that may be dealt with by fewer than 3 Tribunal members
       Section 51A of the Guardianship Act 1987 allows the Guardianship Tribunal to be constituted
       by fewer than 3 Tribunal members when dealing with certain matters, including procedural
       matters, such as, the granting of leave to appear in a proceeding before the Tribunal. Item [3]
       of the proposed amendments allows the Tribunal to be so constituted when appointing separate
       representation for a person in proceedings before the Tribunal.
       Item [4] of the proposed amendments contains a provision of a transitional nature consequent
       on item [3].




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Minor amendments                                                                    Schedule 1




1.16   Interpretation Act 1987 No 15

 [1]   Section 21 Meaning of commonly used words and expressions
       Insert in alphabetical order in section 21 (1):
                     Standards Australia means Standards Australia International
                     Limited (ACN 087 326 690), and includes a reference to the
                     Standards Association of Australia as constituted before 1 July
                     1999.

 [2]   Section 69B
       Insert after section 69A:

        69B     References to Standards Association of Australia
                      In any other Act or instrument, a reference to the Standards
                      Association of Australia is a reference to Standards Australia (as
                      defined in section 21).

 [3]   Section 80A
       Insert after section 80:

        80A     Maximum monetary penalty Local Courts may impose in certain
                circumstances
                      If an Act:
                      (a)    provides that an offence under the Act may be dealt with
                             summarily by a Local Court or, in the alternative, by
                             another court, and
                      (b)    imposes a limit by reference solely to an amount of money
                             (however expressed) on the penalty that a Local Court may
                             impose when dealing with such an offence,
                      that limit, unless otherwise expressly provided by the Act, does not
                      affect any non-monetary penalty that may be imposed by a Local
                      Court for the offence.
       Commencement
       Items [1] and [2] of the amendments to the Interpretation Act 1987 are taken to have
       commenced on 1 July 1999.
       Explanatory Note
       Standards Australia
       The Standards Association of Australia was established as a corporate body by royal charter.
       On 1 July 1999, the body was registered as a company limited by guarantee under Part 5B.1
       of the Corporations Law. Section 601BM (1) of the Corporations Law provides that registration



                                                                                          Page 15
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Schedule 1        Minor amendments




       under that Part does not create a new legal entity or affect the body's existing property, rights
       or obligations.
       Items [1] and [2] of the proposed amendments insert a definition of Standards Australia (the
       new name of the body) in section 21 (Meaning of commonly used words and expressions) of
       the Act and provide that references in Acts and instruments to the former name of the body will
       be read as references to the new name.
       Maximum monetary penalty Local Courts may impose in certain circumstances
       Item [3] of the proposed amendments makes it clear that, if an Act provides that an offence
       under the Act may be dealt with summarily by a Local Court, or in the alternative, by another
       court and the Act imposes a limit on the penalty that a Local Court may impose when dealing
       with such an offence by reference solely to an amount of money, that limit does not affect any
       other non-monetary penalty that the Local Court may impose for the offence (for example, any
       sentence of imprisonment or alternative sentence, such as a community service order,
       applicable to the offence).


1.17   Liquor Act 1982 No 147

 [1]   Section 4 Definitions
       Omit the definition of non-proprietary association from section 4 (1).
       Insert instead:
                     non-proprietary association means:
                     (a)   an incorporated or unincorporated body or association of
                           persons (including a registered or unregistered club) that,
                           by its constitution or any law that governs its activities:
                           (i)     is required to apply its profits (if any) and other
                                   income to the promotion of its objects or to
                                   purposes provided for by any such law, and
                           (ii)    is prohibited from paying dividends, or distributing
                                   profits or income, to its shareholders or members,
                                   or
                     (b)   a local council, or
                     (c)   the Darling Harbour Authority, or
                     (d)   the Sydney Harbour Foreshore Authority, or
                     (e)   any public authority declared by order of the Minister,
                           published in the Gazette, to be a non-proprietary
                           association for the purposes of this definition.

 [2]   Section 4 (7A)
       Insert after section 4 (7):
              (7A) In this Act, a reference to the secretary of a non-proprietary
                   association is a reference:
                   (a)    in the case of a local council--to the general manager of
                          the local council, or

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Minor amendments                                                                          Schedule 1




                       (b)       in the case of a body referred to in paragraph (c), (d) or (e)
                                 of the definition of non-proprietary association--to the
                                 chief executive officer (however described) of the body.
       Explanatory note
       Currently, section 18 (5A) of the Liquor Act 1982 enables persons to hold on-licences
       authorising them to sell liquor at functions on behalf of non-proprietary associations or in respect
       of trade fairs.
       Item [1] of the proposed amendments amends the definition of non-proprietary association
       in the Act to omit the reference to a local consent authority and to include instead specific
       reference to local councils, the Darling Harbour Authority and the Sydney Harbour Foreshore
       Authority and to enable certain public authorities to be included in the definition by order of the
       Minister administering the Act published in the Gazette.
       Item [2] of the proposed amendments makes a consequential amendment.


1.18   Macquarie University Act 1989 No 126

 [1]   Section 9 Constitution of Council
       Insert "the following" after "comprise" in section 9 (5).

 [2]   Section 9 (5) (c) (i)
       Omit "a student". Insert instead "an undergraduate student".

 [3]   Section 9 (5) (c) (iii)
       Insert "the undergraduate" before "students".

 [4]   Section 9 (5) (c) (iii)
       Omit "and".

 [5]   Section 9 (5) (c1)
       Insert after section 9 (5) (c):
                       (c1)      one person:
                                 (i)    who is a postgraduate student of the University but
                                        who is not a member of the academic or
                                        non-academic staff of the University, and
                                 (ii)   who has such qualifications as may be prescribed
                                        by the by-laws, and
                                 (iii)  who is elected by the postgraduate students of the
                                        University in the manner prescribed by the by-laws,

 [6]   Section 9 (5) (d) (i)
       Insert "or (c1) (ii)" after "(c) (ii)".



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Schedule 1        Minor amendments




 [7]   Schedule 1 Provisions relating to members and procedure of the
       Council
       Omit "or (c)" from clause 1 (d). Insert instead ", (c) or (c1)".

 [8]   Schedule 3 Savings and transitional provisions
       Insert after clause 8:

          8A   Elected members
                      If, on the commencement of the amendments to section 9 made by
                      Schedule 1 to the Statute Law (Miscellaneous Provisions) Act
                      (No 2) 1999, the membership of the Council fails to comply with
                      section 9 (5) as so amended, there is for the purposes of clause
                      3 (1) of Schedule 1 to this Act taken to be a vacancy in the office
                      of the member in respect of which the failure exists.
       Commencement
       The amendments to the Macquarie University Act 1989 commence on a day or days to be
       appointed by proclamation.
       Explanatory note
       Items [1]-[7] of the proposed amendments alter the composition of the Council of Macquarie
       University by increasing the number of student members from 1 to 2 and by providing that, of
       the 2 student members, one is to be an undergraduate elected by the undergraduate students
       and the other a postgraduate elected by the postgraduate students.
       Item [8] contains a provision of a transitional nature consequent on items [1]-[7].


1.19   Meat Industry Act 1978 No 54

 [1]   Section 4 Definitions
       Insert after section 4 (2):
                (3) In sections 28, 41, 41A, 42 and 74, a reference to a meat safety
                    officer is to be read as a reference to:
                    (a)     in the case of game meat for human consumption or
                            processed meat made from game meat or that has game
                            meat as an ingredient--a person approved in writing by the
                            Authority to inspect game animals for human consumption,
                            or
                    (b)     in the case of game meat for use as animal food or
                            processed animal food made from game meat or that has
                            game meat as an ingredient--a person approved in writing
                            by the Authority to inspect game animals for animal
                            consumption.



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Minor amendments                                                                   Schedule 1




 [2]   Section 41 Offences as to sale of meat
       Omit "meat inspector" from section 41 (1A).
       Insert instead "meat safety officer".

 [3]   Section 41A Offences as to storage of meat
       Omit "meat inspector and passed by the inspector" from section 41A (2).
       Insert instead "meat safety officer and passed".

 [4]   Section 74 Evidence
       Omit "a licensing" from section 74 (1) (b) (i).
       Insert instead "an".

 [5]   Section 74 (1) (b) (i)
       Omit "such".
       Explanatory Note
       The Meat Industry Amendment Act 1998 amended the Meat Industry Act 1978 relating to
       inspection and processing of meat. Those amendments removed the distinction between meat
       inspectors and licensing inspectors so that both those positions are called inspectors. The
       amendments also transferred the routine inspection of meat from inspectors to meat safety
       officers appointed for abattoirs and, in the case of game meat, persons approved by the New
       South Wales Meat Industry Authority to inspect the game meat. However, certain references
       appear in the Meat Industry Act 1978 to licensing inspectors and to the inspection of game
       meat by meat safety officers.
       Items [1]-[3] of the proposed amendments replace references to meat inspectors with
       references to meat safety officers and ensure that those references are read, in the case of
       game meat, as references to persons approved by the New South Wales Meat Industry
       Authority to inspect game meat.
       Items [4] and [5] of the proposed amendments change a reference to a licensing inspector so
       that it will now refer to an inspector.


1.20   National Parks and Wildlife Act 1974 No 80

 [1]   Section 5 Definitions
       Insert "and the skin or any other part thereof" after "thereof" in the definition
       of amphibian in section 5 (1).

 [2]   Section 16 Ex-officio rangers
       Omit "member of the police force" from section 16 (1).
       Insert instead "police officer".

 [3]   Section 47 Transfer of employees
       Omit the section.



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Schedule 1      Minor amendments




 [4]   Section 96 Locally unprotected fauna
       Insert after section 96 (4):
               (5) Without affecting subsections (2) and (4), an order under
                   subsection (1) may be subject to such conditions and restrictions
                   as may be specified in the order.

 [5]   Section 158 Requirement for owner of motor vehicle and others to give
       information
       Omit "place of abode" wherever occurring.
       Insert instead "residential address".

 [6]   Section 160 Penalty notice for certain offences
       Omit the definition of prescribed person from section 160 (1).
       Insert instead:
                     prescribed person means:
                     (a)    a police officer, or
                     (b)    an officer of the Service, or
                     (c)    a person, or a person belonging to a class of persons,
                            prescribed for the purposes of this section.

 [7]   Section 163B Application of certain Acts
       Insert "Division 2A (Orders) of Part 6 of the Environmental Planning and
       Assessment Act 1979 and" before "Chapter 7".

 [8]   Section 163B
       Omit "does". Insert instead "do".

 [9]   Section 164 Powers of entry and seizure
       Insert ", a police officer" after "Director-General" where firstly occurring in
       section 164 (5).

[10]   Section 164 (5)
       Insert ", police officer" after "Director-General" where thirdly occurring.

[11]   Section 168 Disposal of property seized or delivered up
       Omit section 168 (2) (b). Insert instead:
                    (b)    proceedings for an offence (being an offence on or after a
                           conviction for which an order could be made under
                           subsection (1) in respect of the property):


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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                           Schedule 1




                             (i)     have not been commenced within 2 years after the
                                     seizure or delivering up of the property, or
                             (ii)    have been dismissed by a court,

[12]   Section 168 (2)
       Insert "(whether or not it is the court dismissing the proceedings in the case of
       property relating to proceedings referred to in paragraph (b) (ii))" after "in
       relation to the property".

[13]   Section 168 (4) (b)
       Omit "subsection (2)". Insert instead "subsection (2) (b) (i)".

[14]   Section 168 (4) (b)
       Omit "that subsection". Insert instead "that subparagraph".

[15]   Section 168 (4) (c)
       Insert at the end of section 168 (4) (b):
                             , or
                     (c)     in the case of an application for an order under subsection
                             (2) (b) (ii)--later than 1 month after the date on which the
                             proceedings were dismissed.

[16]   Section 172 Police officers
       Omit "member of the police force". Insert instead "police officer".

[17]   Section 172
       Omit "such a member". Insert instead "a police officer".

[18]   Section 174 Service of notices
       Omit "place of abode or business" from section 174 (b).
       Insert instead "residential or business address".

[19]   Section 179 Authority to take proceedings
       Omit "member of the police force" from section 179 (1).
       Insert instead "police officer".




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Schedule 1        Minor amendments




[20]   Schedule 11 Unprotected fauna
       Omit "Birds".
       Explanatory note
       Definition of "amphibian"
       Item [1] of the proposed amendments amends the definition of amphibian in section 5 of the
       National Parks and Wildlife Act 1974 to make it clear that the term includes any part of an
       amphibian.
       Locally protected fauna
       Item [4] of the proposed amendments makes it clear that an order under section 96 of the Act
       (declaring certain protected fauna to be locally protected fauna) may be subject to such
       conditions and restrictions as may be specified in the order.
       Issuing of penalty notices
       Section 160 of the Act enables penalty notices (commonly referred to as "on-the-spot" fines)
       to be issued for certain offences under the Act by a "prescribed person" (defined in the Act as
       being a person, or a person belonging to a class of persons, prescribed by the regulations).
       Item [6] of the proposed amendments amends the definition of prescribed person in the
       section to include police officers and officers of the National Parks and Wildlife Service.
       Powers of police officers
       Section 164 (5) of the Act enables the Director-General of National Parks and Wildlife or
       persons duly authorised by the Director-General to obtain search warrants from authorised
       justices for the purposes of investigating suspected offences against the Act or the regulations.
       Item [9] of the proposed amendments enables police officers to obtain search warrants from
       authorised justices without having to be individually authorised by the Director-General.
       Item [10] of the proposed amendments makes a consequential amendment.
       Disposal of property seized or delivered up
       Section 168 of the Act deals with the circumstances in which a court may order that property
       seized or delivered up under the Act be disposed of by delivery of the property to a person
       specified in the court's order. The circumstances include the case where legal proceedings for
       an offence in relation to the property have not been commenced within 2 years after the seizure
       or delivering up of the property. Item [11] of the proposed amendments enables a court to make
       such an order if proceedings for an offence against the Act or the regulations have been
       dismissed by a court.
       Items [12]-[15] of the proposed amendments make consequential amendments.
       Other amendments
       Currently, the Act contains references to members of the police force. Section 21 of the
       Interpretation Act 1987 contains a definition of police officer. Items [2], [16], [17] and [19]
       update the terminology used in the Act so that it is consistent with that definition.
       Item [3] of the proposed amendments omits a provision that is no longer required because of
       the enactment of section 100A (Employer-sponsored transfers involving public authorities) of
       the Public Sector Management Act 1988.
       Items [5] and [18] of the proposed amendments update references to "place of abode" with
       references to "residential address" and "place of abode or business" with a reference to
       "residential or business address" respectively for consistency with other provisions of the Act.
       Item [7] of the proposed amendments updates a reference to certain provisions of an Act that
       have been transferred to another Act. Item [8] of the proposed amendments makes a
       consequential amendment.
       Item [20] of the proposed amendments omits a subheading in a Schedule to the Act that is no
       longer required.




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Minor amendments                                                           Schedule 1




1.21   Police Integrity Commission Act 1996 No 28

 [1]   Section 5 Police misconduct
       Omit "or disciplinary offence" from section 5 (2) (b).

 [2]   Section 5 (2) (b1)
       Insert after section 5 (2) (b):
                     (b1)    misconduct in respect of which the Commissioner of
                             Police may take action under Part 9 of the Police Service
                             Act 1990,

 [3]   Section 14A Special audit of reform process
       Omit "the period of three years" from section 14A (2).
       Insert instead "a period of at least three years, and must be completed before the
       expiration of the period of four years,".

 [4]   Section 14A (4)
       Omit "end of the period of three years".
       Insert instead "completion of the audit".

 [5]   Section 15 Other functions regarding evidence and information
       collected
       Omit section 15 (1) (b). Insert instead:
                     (b)     to assemble evidence that may be used in:
                             (i)    the investigation of a police complaint, or
                             (ii)   deciding whether to take action under section 173
                                    or 181D of the Police Service Act 1990,
                             and to furnish any such evidence to the Minister, the
                             Commissioner of Police or other appropriate authority in
                             the State,

 [6]   Section 16 Provisions regarding assessments, opinions and
       recommendations
       Insert "action under Part 9 of the Police Service Act 1990 or" before "other
       disciplinary action" in section 16 (1) (b).




                                                                                Page 23
                 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1       Minor amendments




 [7]   Section 40 Privilege as regards answers, documents etc
       Omit "is admissible in any disciplinary proceedings and in any proceedings
       under Division 1C of Part 9 of the Police Service Act 1990 with respect to an
       order under section 181D of that Act" from section 40 (3).
       Insert instead "may be used in deciding whether to make an order under section
       173 or 181D of the Police Service Act 1990 and is admissible in any
       proceedings under Division 1A or 1C of Part 9 of that Act and in any
       disciplinary proceedings".

 [8]   Section 56 Secrecy
       Omit "or disciplinary proceedings, instituted as a result of" from section 56 (3).
       Insert instead ", disciplinary proceedings or proceedings under Division 1A or
       1C of Part 9 of the Police Service Act 1990, arising out of".

 [9]   Section 56 (4) (b)
       Omit the paragraph. Insert instead:
                     (b)     for the purposes of:
                             (i)     a prosecution, or
                             (ii)    disciplinary proceedings, or
                             (iii)   the making of an order under section 173 or 181D
                                     of the Police Service Act 1990, or
                             (iv)    proceedings under Division 1A or 1C of Part 9 of
                                     that Act,
                             arising out of an investigation conducted by the
                             Commission in the exercise of its functions, or

[10]   Section 97 Content of reports to Parliament
       Insert "(including the making of an order under section 181D of the Police
       Service Act 1990)" after "action" in section 97 (2) (c).

[11]   Section 97 (2) (d)
       Insert after section 97 (2) (c):
                     (d)     the taking of reviewable action within the meaning of
                             section 173 of the Police Service Act 1990 against the
                             person as a police officer.

[12]   Section 99 Annual reports
       Omit "or disciplinary action" from section 99 (2) (f).
       Insert instead ", disciplinary action or the making of an order under section 173
       or 181D of the Police Service Act 1990".

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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                         Schedule 1




[13]   Schedule 1 Provisions relating to Commissioner
       Omit clause 5 (1) and (2). Insert instead:
                (1) The Commissioner is entitled to be paid:
                    (a)   remuneration in accordance with the Statutory and Other
                          Offices Remuneration Act 1975, and
                    (b)   such travelling and subsistence allowances as the Minister
                          may from time to time determine.

[14]   Schedule 3 Savings, transitional and other provisions
       Insert after clause 2B (8):
              (8A) A reference in subclause (8) to disciplinary proceedings includes
                   a reference to action under Part 9 of the Police Service Act 1990.

[15]   Schedule 3, Part 5
       Insert after Part 4:


       Part 5        Provisions consequent on enactment of
                     Schedule 1 to Statute Law (Miscellaneous
                     Provisions) Act (No 2) 1999
         10    Definitions
                     In this Part:
                     amendments means the amendments made to clause 5 of
                     Schedule 1 to this Act by Schedule 1 to the Statute Law
                     (Miscellaneous Provisions) Act (No 2) 1999.
                     relevant date means the date of commencement of the
                     amendments.

         11    Determination of remuneration of Commissioner
                (1) The amendments extend to a person who is the holder of the office
                    of Commissioner immediately before the relevant date.
                (2) Until a determination is made under the Statutory and Other
                    Offices Remuneration Act 1975, clause 5 of Schedule 1, as in force
                    immediately before the relevant date, continues to apply to a
                    person who is the holder of the office of Commissioner.




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                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1        Minor amendments




                (3) Any provision specifying the Commissioner's remuneration in the
                    instrument of appointment, or any determination, under clause 5 of
                    Schedule 1 (as in force immediately before the relevant date) that
                    is applicable to the Commissioner ceases to have effect when a
                    determination is first made under the Statutory and Other Offices
                    Remuneration Act 1975.
       Explanatory Note
       The Police Service Amendment (Complaints and Management Reform) Act 1998 amended the
       Police Service Act 1990 in various respects including the replacement of the existing scheme
       for taking disciplinary action against police officers with a new scheme for dealing with police
       officers' misconduct and unsatisfactory performance.
       Items [1], [2], [5]-[12] and [14] of the proposed amendments make consequential amendments
       to the Police Integrity Commission Act 1996 by updating the terminology used in that Act as a
       result of the introduction of the new scheme.
       Special audit of reform process
       Item [3] of the proposed amendments extends by 12 months the time by which the 3-year
       special audit of the reform process within the Police Service (to be overseen by the Police
       Integrity Commission) must be carried out.
       Item [4] of the proposed amendments makes a consequential amendment.
       Determination of remuneration of Commissioner
       Item [13] of the proposed amendments provides for the remuneration of the Commissioner for
       the Police Integrity Commission to be determined in accordance with the Statutory and Other
       Offices Remuneration Act 1975 and for the Commissioner's travelling and subsistence
       allowances to be determined by the Minister administering the Police Integrity Commission Act
       1996. Currently the Commissioner's remuneration (including travelling and subsistence
       allowances) is the remuneration specified in the Commissioner's instrument of appointment or
       such remuneration as may be afterwards determined by the Governor. The proposed
       amendment makes the determination of the Commissioner's remuneration consistent with that
       of the Commissioner for the New South Wales Crime Commission.
       Item [15] of the proposed amendments contains provisions of a saving and transitional nature.


1.22   Residential Parks Act 1998 No 142

       Section 102A
       Insert after section 102:

       102A     Termination by resident on ground of breach of agreement (cf RT
                Act s 57)
                (1) A resident may give notice of termination of a residential site
                    agreement to the park owner on the ground that the park owner has
                    breached a term of the agreement.
                (2) A notice of termination given under this section must not specify
                    a day earlier than 14 days after the day on which the notice is
                    given as the day on which vacant possession of the residential
                    premises will be delivered up to the park owner.


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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                                        Schedule 1




                (3) A notice of termination of a residential site agreement that creates
                    a tenancy for a fixed term given under this section is not
                    ineffective because the day specified as the day on which vacant
                    possession of the residential premises will be delivered up to the
                    park owner is earlier than the day the term ends.
       Explanatory note
       The Residential Parks Act 1998 sets out the rights and obligations of residents and owners of
       residential parks. Before the Act commenced those rights and obligations were set out in the
       Residential Tenancies Act 1987, which dealt with all residential tenancies including those in
       flats, houses, caravan parks and manufactured home estates.
       Generally the Residential Parks Act 1998 affords residents under residential site agreements
       (that is, residents who install their own relocatable home or registrable moveable dwelling on
       a site owned by the park owner) greater rights than residents under other residential tenancy
       agreements, because of the more significant nature of their investment.
       Part 12 of the Residential Parks Act 1998 deals with termination of both types of residential
       tenancy agreements. That Part generally mirrors the provisions of the Residential Tenancies
       Act 1987 relating to termination. Under section 57 of the 1987 Act, a tenant had the right to give
       notice of termination of a residential tenancy agreement (including a residential site agreement)
       to the landlord on the ground that the landlord had breached a term of the agreement. There
       is no analogous provision under the 1998 Act relating to a resident under a residential site
       agreement.
       The object of the proposed amendment to the Residential Parks Act 1998 is to empower a
       resident under a residential site agreement to give notice of termination on the ground of breach
       of agreement. In doing so, the amendment restores the right that such a resident had under the
       1987 Act and puts the resident in the same position as residents under other types of residential
       tenancy agreements.


1.23   Southern Cross University Act 1993 No 69

 [1]   Section 7 University to collaborate with University of New South Wales
       Omit the section.

 [2]   Section 10 Constitution of Council
       Omit section 10 (4) (a). Insert instead:
                       (a)      2 persons appointed by the Minister, being persons
                                nominated by the Council, who are graduates of the
                                University, and who the Minister considers to be
                                appropriate for appointment, but who are not:
                                (i)    members of the staff of the University eligible to be
                                       elected as members of the Council in accordance
                                       with subsection (5) (a) or (b), or
                                (ii)   persons who, within the 5 years immediately prior
                                       to appointment, had been members of the staff of
                                       the University who were eligible to be elected as
                                       members of the Council in accordance with
                                       subsection 5 (a) or (b), or


                                                                                              Page 27
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1        Minor amendments




                                (iii)     students of the University eligible to be elected as
                                          members of the Council in accordance with
                                          subsection (5) (c), and

 [3]   Section 10 (7A)
       Insert after section 10 (7):
                       (7A)     For the purposes of nominating the persons referred to in
                                subsection (4) (a), the Council is to comprise the members
                                referred to in subsections (2), (3), (4) (b) and (5).

 [4]   Schedule 3 Savings and transitional provisions
       Insert after clause 29:

       29A      Appointed members
                       If, on the commencement of the amendments to section 10 made
                       by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act
                       (No 2) 1999, the membership of the Council fails to comply with
                       section 10 (4) as so amended, then, for the purposes of clause 3 (1)
                       of Schedule 1 to this Act, there is taken to be a vacancy in the
                       office of the member in respect of which the failure exists.
       Commencement
       The amendments to the Southern Cross University Act 1993 commence on a day or days to
       be appointed by proclamation.
       Explanatory note
       Section 7 of the Southern Cross University Act 1989 provides that the Southern Cross
       University (SCU) is to collaborate with the University of New South Wales in the development
       of academic programs to be offered by SCU until the Minister administering the Act otherwise
       directs. Item [1] of the proposed amendments repeals section 7 as a direction under the section
       was given on 25 October 1999 with effect from that date.
       Item [2] of the proposed amendments alters the composition of the Council of SCU with respect
       to appointed members (as a consequence of the termination of the collaboration arrangement)
       by omitting the requirement that 2 persons, nominated by the Council of the University of New
       South Wales, be appointed by the Minister. The proposed amendment replaces that
       requirement with a requirement that the Minister appoint 2 persons who are graduates of SCU
       nominated for appointment by the Council of SCU. (Certain persons who are, or who were
       within the previous 5 years, eligible to be elected members of the Council will not be eligible to
       be appointed members.)
       Item [3] of the proposed amendments makes a consequential amendment.
       Item [4] of the proposed amendments contains a provision of a transitional nature consequent
       on the alteration of the composition of the Council.




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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                                      Schedule 1




1.24   Statutory and Other Offices Remuneration Act 1975 (1976 No 4)

       Schedule 1 Public offices
       Insert at the end of the Schedule:
                      Commissioner for the Police Integrity Commission
       Explanatory Note
       The proposed amendment enables the remuneration of the Commissioner for the Police
       Integrity Commission to be determined in accordance with the Statutory and Other Offices
       Remuneration Act 1975 and is consequential on the amendments to the Police Integrity
       Commission Act 1996 in respect of the Commissioner's remuneration set out elsewhere in this
       Schedule.


1.25   Stock Foods Act 1940 No 19

       Section 3 Definitions
       Insert "any substance that is intended to be fed to animals other than stock or"
       after "and does not include" in the definition of stock food.
       Explanatory note
       The definition of stock food in section 3 of the Stock Foods Act 1940 adopts for consistency
       the definition of stockfood in the Agricultural and Veterinary Chemicals Code Regulations 1995
       of the Commonwealth. However, the adoption of that definition inadvertently extends the
       application of the Act to stock food fed to any animal rather than just to animals to which the
       Act applies (namely, animals belonging to food producing species).
       The proposed amendment makes it clear that the definition does not include any substance that
       is intended to be fed to animals other than those to which the Act applies.


1.26   Sydney Harbour Foreshore Authority Act 1998 No 170

 [1]   Section 32 Rangers
       Insert after section 32 (1):
              (1A) Rangers may include persons who are officers or employees of a
                   body corporate providing services to the Authority under section
                   31 (4). Such persons are subject to the control and direction of the
                   Chief Executive Officer while they are exercising the functions of
                   a ranger.




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                 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1       Minor amendments




 [2]   Section 43A
       Insert after section 43:

       43A     Penalty notices
               (1) An authorised officer may serve a penalty notice on a person if it
                   appears to the officer that the person has committed an offence
                   against the regulations, being an offence prescribed by the
                   regulations as a penalty notice offence.
               (2) A penalty notice is a notice to the effect that, if the person served
                   does not wish to have the matter determined by a court, the person
                   can pay, within the time and to the person specified in the notice,
                   the amount of penalty prescribed by the regulations for the offence
                   if dealt with under this section.
               (3) A penalty notice may be served personally or by post.
               (4) If the amount of penalty prescribed for an alleged offence is paid
                   under this section, no person is liable to any further proceedings
                   for the alleged offence.
               (5) Payment under this section is not to be regarded as an admission
                   of liability for the purpose of, and does not in any way affect or
                   prejudice, any civil claim, action or proceeding arising out of the
                   same occurrence.
               (6) The regulations may:
                   (a)    prescribe an offence for the purposes of this section by
                          specifying the offence or by referring to the provision
                          creating the offence, and
                   (b)    prescribe the amount of penalty payable for the offence if
                          dealt with under this section, and
                   (c)    prescribe different amounts of penalties for different
                          offences or classes of offences.
               (7) The amount of a penalty prescribed under this section for an
                   offence is not to exceed the maximum amount of penalty that
                   could be imposed for the offence by a court.
               (8) This section does not limit the operation of any other provision of,
                   or made under, this or any other Act relating to proceedings that
                   may be taken in respect of offences.
               (9) In this section, authorised officer means a person authorised in
                   writing by the Authority as an authorised officer for the purposes
                   of this section.


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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                                    Schedule 1




       Explanatory note
       Section 32 (1) of the Sydney Harbour Foreshore Authority Act 1998 enables certain individuals
       to be appointed as rangers for the purposes of the Act. Item [1] of the proposed amendments
       makes it clear that individuals who are officers or employees of a body corporate that is
       engaged under section 31 of the Act to provide services to the Sydney Harbour Foreshore
       Authority may also be appointed as rangers. Such a person will be subject to the control and
       direction of the Chief Executive Officer of the Authority while exercising the functions of a
       ranger.
       Item [2] of the proposed amendments enables penalty notices (commonly known as
       "on-the-spot" fines) to be issued for offences against regulations made under the Act.


1.27   University of Newcastle Act 1989 No 68

 [1]   Section 9 Constitution of Council
       Insert "the following" after "comprise" in section 9 (5).

 [2]   Section 9 (5) (c) (i)
       Omit "a student". Insert instead "an undergraduate student".

 [3]   Section 9 (5) (c) (iii)
       Insert "the undergraduate" before "students".

 [4]   Section 9 (5) (c) (iii)
       Omit "and".

 [5]   Section 9 (5) (c1)
       Insert after section 9 (5) (c):
                      (c1)     one person:
                               (i)    who is a postgraduate student of the University but
                                      who is not a member of the academic or
                                      non-academic staff of the University, and
                               (ii)   who has such qualifications as may be prescribed
                                      by the by-laws, and
                               (iii)  who is elected by the postgraduate students of the
                                      University in the manner prescribed by the by-laws,

 [6]   Section 9 (5) (d) (i)
       Insert "or (c1) (ii)" after "(c) (ii)".

 [7]   Schedule 1 Provisions relating to members and procedure of the
       Council
       Omit "or (c)" from clause 1 (d). Insert instead ", (c) or (c1)".



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                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 1        Minor amendments




 [8]   Schedule 3 Savings and transitional provisions
       Insert after clause 11:

          12    Elected members
                      If, on the commencement of the amendments to section 9 made by
                      Schedule 1 to the Statute Law (Miscellaneous Provisions) Act
                      (No 2) 1999, the membership of the Council fails to comply with
                      section 9 (5) as so amended, there is for the purposes of clause
                      3 (1) of Schedule 1 to this Act taken to be a vacancy in the office
                      of the member in respect of which the failure exists.
       Commencement
       The amendments to the University of Newcastle Act 1989 commence on a day or days to be
       appointed by proclamation.
       Explanatory note
       Items [1]-[7] of the proposed amendments alter the composition of the Council of the University
       of Newcastle by increasing the number of student members from 1 to 2 and by providing that,
       of the 2 student members, one is to be an undergraduate elected by the undergraduate
       students and the other a postgraduate elected by the postgraduate students.
       Item [8] of the proposed amendments contains a provision of a transitional nature consequent
       on items [1]-[7].


1.28   Unlawful Gambling Act 1998 No 113

 [1]   Section 8 Offences relating to unlawful betting
       Insert "by telephone or" after "made" in section 8 (3) (a).

 [2]   Section 51 Proceeding for offences
       Insert "(1)" after "19" in section 51 (2).
       Explanatory Note
       It is currently an offence under section 8 (3) of the Unlawful Gambling Act 1998 for a person
       to make a bet on any horse race, harness race or greyhound race if the bet is made
       electronically by means of the Internet, subscription TV or other on-line communication system
       and the bet is made with another person whom the person making the bet knows is not a legal
       bookmaker or is not a person who is authorised to conduct totalizator betting.
       Item [1] of the proposed amendments makes it clear that the offence is meant to cover the
       making of a bet with such a person by means of all relevant forms of communications media,
       including the telephone. The proposed amendment will make the provision consistent with
       section 17 of the Racing Administration Act 1998 which prohibits the conduct of unauthorised
       telephone or electronic betting activities by licensed bookmakers.
       Section 51 (2) of the Unlawful Gambling Act 1998 provides that a second or subsequent
       offence under certain provisions of the Act are to be prosecuted on indictment. Section 51 (2)
       currently refers to section 19 of that Act. Section 19 contains 2 offences, but it is only the
       offence under section 19 (1) that provides a penalty for a second or subsequent offence. The
       other offence under section 19 is not relevant in the context of section 51 (2). Item [2] of the
       proposed amendments rectifies the cross-reference to section 19 in section 51 (2) so that it
       refers to section 19 (1) only.



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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Minor amendments                                                                          Schedule 1




1.29   Waste Minimisation and Management Act 1995 No 102

 [1]   Sections 37A and 37B
       Insert after section 37:

        37A     Preparation of IWRP to implement national measure
                 (1) The Minister may decide that an IWRP is to be prepared by the
                     EPA for an industry if the Minister is satisfied that the proposed
                     IWRP will implement a national environment protection measure.
                 (2) A draft IWRP prepared under this section may be prepared
                     without the need to comply with sections 33-36.
                 (3) Once the draft IWRP is prepared, the EPA is to submit it to the
                     Minister for approval.
                 (4) After the draft IWRP is referred to the Minister, the Minister may
                     approve the plan (or may require changes to be made).
                 (5) In this section, national environment protection measure has the
                     same meaning as in the Protection of the Environment Operations
                     Act 1997.

        37B     Content of IWRPs
                       An IWRP may adopt or incorporate, with or without modification,
                       any document as in force at a particular time or from time to time.
       Explanatory note
       Proposed section 37A
       The National Environment Protection Council (New South Wales) Act 1995 gives effect to that
       part of the Intergovernmental Agreement on the Environment (to which New South Wales is a
       party) requiring the establishment of a body to determine national environment protection
       measures (measures which relate to ambient air or water quality and similar standards). These
       measures are made by the National Environment Protection Council established under the Act
       (after the Council has undertaken public consultation required by the Act with respect to such
       measures) and are to be implemented by parties to the Agreement.
       Part 4 of the Waste Minimisation and Management Act 1995 provides for the preparation of,
       and compliance with, industry waste reduction plans. Proposed section 37A of the Act will
       enable an industry waste reduction plan to be prepared by the Environment Protection Authority
       if the Minister administering the Act is satisfied that the plan will implement a national
       environment protection measure. (Section 22 (1) of the Protection of the Environment
       Operations Act 1997 contains a similar provision in respect of protection of the environment
       policies made under that Act.)
       Proposed section 37B
       Proposed section 37B of the Waste Minimisation and Management Act 1995 will enable
       industry waste reduction plans to adopt or incorporate (with or without modification) documents
       as in force at a particular time or as in force from time to time. (Section 35 (d) of the Protection
       of the Environment Operations Act 1997 contains a similar provision in respect of protection of
       the environment policies made under that Act.)


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                 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 2       Amendments by way of statute law revision




Schedule 2           Amendments by way of statute law
                     revision
                                                                                   (Section 3)


2.1    Administrative Decisions Legislation Amendment Act 1997 No 77

 [1]   Schedule 5.7 (Amendments to Dairy Industry Act 1979)
       Omit "the Corporation" wherever occurring in section 33 (3) of the Dairy
       Industry Act 1979 (as proposed to be inserted by Schedule 5.7 [1]).
       Insert instead "Safe Food".

 [2]   Schedule 5.7 [3]
       Omit "the Corporation" from section 37 (3) of the Dairy Industry Act 1979 (as
       proposed to be inserted by Schedule 5.7[3]).
       Insert instead "Safe Food".
       Explanatory note
       The proposed amendments change references to the New South Wales Dairy Corporation
       (which has been dissolved) to references to the body that has taken over its functions.


2.2    Administrative Decisions Tribunal Act 1997 No 76

 [1]   Schedule 2 Composition and functions of Divisions
       Insert "a" before "judicial" in clause 7 (2) (a) of Part 4.

 [2]   Schedule 2, Part 4, clause 7 (2) (b) and (c)
       Insert "a" before "non-judicial" wherever occurring.
       Explanatory note
       The proposed amendments insert an omitted word.


2.3    Children and Young Persons (Care and Protection) Act 1998 No
       157

       Section 259 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 259 (3).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.




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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Amendments by way of statute law revision                                       Schedule 2




2.4    Children (Community Service Orders) Act 1987 No 56

       Section 3 Definitions
       Omit "Department of Youth and Community Services" from the definition of
       Department in section 3 (1).
       Insert instead "Department of Juvenile Justice".
       Explanatory note
       The proposed amendment updates a reference to a Department.


2.5    Commercial Vessels Act 1979 No 41

       Section 51A Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 51A (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.6    Consumer Credit Administration Act 1995 No 69

       Section 43 Disposal of proceedings for offence
       Insert "monetary" after "maximum" wherever occurring in section 43 (3).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.7    Contaminated Land Management Act 1997 No 140

       Section 92 Proceedings for other offences
       Insert "monetary" after "maximum" in section 92 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.




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                 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 2       Amendments by way of statute law revision




 2.8   Credit Act 1984 No 94

       Section 159B Proceedings for offence
       Insert "monetary" after "maximum" wherever occurring in section 159B (3).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


 2.9   Crimes Act 1900 No 40

       Part 14 Offences punishable by Justices and procedure before
       Justices generally
       Omit "Division 1" where secondly occurring.
       Insert instead "Division 2".
       Explanatory note
       The proposed amendment renumbers a Division.


2.10   Criminal Procedure Act 1986 No 209

       Part 9A, Table 1 Indictable offences that are to be dealt with summarily
       unless prosecuting authority or person charged elects otherwise
       Insert "(1)" after "19" in item 24 in Part 4 of the Table.
       Explanatory note
       The proposed amendment corrects a cross-reference.


2.11   Dangerous Goods Act 1975 No 68

       Section 33 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 33 (1A).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.




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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Amendments by way of statute law revision                                       Schedule 2




2.12   Defamation Act 1974 No 18

       Section 17KA Matters arising under the Community Services
       (Complaints, Reviews and Monitoring) Act 1993
       Omit "Community Services (Complaints, Appeals and Monitoring) Act 1993"
       from section 17KA (a).
       Insert instead "Community Services (Complaints, Reviews and Monitoring) Act
       1993".
       Explanatory note
       The proposed amendment updates a reference to an Act.


2.13   Duties Act 1997 No 123

 [1]   Schedule 1 Savings, transitional and other provisions
       Renumber clause 15 (as inserted by the Property (Relationships) Legislation
       Amendment Act 1999) as clause 16.

 [2]   Schedule 1
       Renumber Part 3 and clause 16 (as inserted by the State Revenue Legislation
       Amendment Act 1999) as Part 4 and clause 17, respectively.
       Explanatory note
       The proposed amendments renumber a Part and two clauses.


2.14   Election Funding Act 1981 No 78

       Section 111 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 111 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.15   Electricity Safety Act 1945 (1946 No 13)

       Section 20 Definitions
       Omit "the Standards Association of Australia" from paragraph (a) of the
       definition of specification in section 20 (1).
       Insert instead "Standards Australia".




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                 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 2       Amendments by way of statute law revision




       Explanatory note
       The proposed amendment updates a reference to the name of a body and is consequential on
       the amendments to the Interpretation Act 1987 in relation to Standards Australia set out in
       Schedule 1.


2.16   Electricity Supply Act 1995 No 94

 [1]   Section 102 Proceedings for offences
       Insert "monetary" after "maximum" in section 102 (4).

 [2]   Schedule 2 Licences
       Omit "subsection (6)" from clause 6 (4) (a).
       Insert instead "subclause (6)".

 [3]   Schedule 2, clause 6 (5) (a)
       Omit "to" where fourthly occurring. Insert instead "it".
       Explanatory note
       Item [1] of the proposed amendments supplements the amendment to the Interpretation Act
       1987 relating to the maximum monetary penalty Local Courts may impose set out in
       Schedule 1.
       Item [2] of the proposed amendments corrects a cross-reference.
       Item [3] of the proposed amendments corrects a typographical error.


2.17   Environmental Planning and Assessment Act 1979 No 203

       Section 127 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 127 (3).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.18   Environmentally Hazardous Chemicals Act 1985 No 14

       Section 56 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 56 (5).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.




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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Amendments by way of statute law revision                                       Schedule 2




2.19   Factories, Shops and Industries Act 1962 No 43

       Section 145 Proceedings
       Insert "monetary" after "maximum" wherever occurring in section 145 (3A).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.20   Fair Trading Act 1987 No 68

 [1]   Section 63 Disposal of proceedings for offence
       Insert "monetary" after "maximum" wherever occurring in section 63 (5).

 [2]   Section 92 Regulations
       Omit "the Standards Association of Australia" from section 92 (2).
       Insert instead "Standards Australia".
       Explanatory note
       Item [1] of the proposed amendments supplements the amendment to the Interpretation Act
       1987 relating to the maximum monetary penalty Local Courts may impose set out in
       Schedule 1.
       Item [2] of the proposed amendments updates a reference to the name of a body and is
       consequential on the amendments to the Interpretation Act 1987 in relation to Standards
       Australia set out in Schedule 1.


2.21   Fines Act 1996 No 99

       Section 22 Persons who may issue and deal with penalty notices
       (appropriate officers)
       Omit "Director of the Infringement Processing Bureau of the Police Service or
       a person employed in that Bureau and authorised by the Director" from section
       22 (2) (b).
       Insert instead "Manager, Infringement Processing Services of the Police Service
       or a person employed in the Infringement Processing Bureau of that Service and
       authorised by the Manager, Infringement Processing Services".
       Explanatory note
       The proposed amendment updates a reference to an office.




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                 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 2       Amendments by way of statute law revision




2.22   Fisheries Management Act 1994 No 38

       Section 277 Nature of proceedings for offences
       Insert "monetary" after "maximum" in section 277 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.23   Fluoridation of Public Water Supplies Act 1957 No 58

       Section 4 Fluoridation of Public Water Supplies Advisory Committee
       Omit "The New South Wales Branch of the Australian Medical Association"
       from section 4 (2) (b) (i).
       Insert instead "the Australian Medical Association (NSW) Limited".
       Explanatory note
       The proposed amendment updates a reference to the name of a body.


2.24   Food Production (Safety) Act 1998 No 128

       Section 63 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 63 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.25   Gas Industry Restructuring Act 1986 No 213

       Section 138 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 138 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.




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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Amendments by way of statute law revision                                       Schedule 2




2.26   Gas Supply Act 1996 No 38

       Section 81 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 81 (4).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.27   Health Administration Act 1982 No 135

       Section 20B Establishment of Medical Services Committee
       Omit "New South Wales Branch of the Australian Medical Association" from
       section 20B (2) (b) (i).
       Insert instead "Australian Medical Association (NSW) Limited".
       Explanatory note
       The proposed amendment updates a reference to the name of a body.


2.28   Health Services Act 1997 No 154

 [1]   Chapter 8 Visiting practitioners
       Omit "The New South Wales Branch of the Australian Medical Association"
       from the Introduction to the Chapter.
       Insert instead "the Australian Medical Association (NSW) Limited".

 [2]   Dictionary
       Omit "The New South Wales Branch of the Australian Medical Association"
       from the definition of Association in Part 1.
       Insert instead "the Australian Medical Association (NSW) Limited".
       Explanatory note
       The proposed amendments update a reference to the name of a body.


2.29   Hunter Water Act 1991 No 53

       Section 34 Disposal of proceedings for offence
       Insert "monetary" after "maximum" wherever occurring in section 34 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.




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                 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 2       Amendments by way of statute law revision




2.30   Irrigation Act 1912 No 73

       Section 31 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 31 (3).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.31   Irrigation Corporations Act 1994 No 41

       Section 94 Disposal of proceedings for offence
       Insert "monetary" after "maximum" wherever occurring in section 94 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.32   Liquor Act 1982 No 147

       Section 97 Breath analysis equipment
       Omit "the Standards Association of Australia" from section 97 (3).
       Insert instead "Standards Australia".
       Explanatory note
       The proposed amendment updates a reference to the name of a body and is consequential on
       the amendments to the Interpretation Act 1987 in relation to Standards Australia set out in
       Schedule 1.


2.33   Local Government Act 1993 No 30

       Section 263 Functions of the Boundaries Commission
       Omit "subsection (2)" from section 263 (2B).
       Insert instead "this section".
       Explanatory note
       The proposed amendment corrects a cross-reference.




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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Amendments by way of statute law revision                                         Schedule 2




2.34   Marine Parks Act 1997 No 64

       Section 39 Proceedings for offences
       Insert "monetary" after "maximum" in section 39 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.35   Meat Industry Act 1978 No 54

       Section 76 Offences generally
       Insert "monetary" after "maximum" wherever occurring in section 76 (4B).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.36   Meat Industry Amendment Act 1998 No 129

       Schedule 1 Amendments
       Omit Schedule 1 [101].
       Explanatory Note
       The amendment removes a provision of the Meat Industry Amendment Act 1998 that amends
       the Meat Industry Act 1978. The provision cannot be properly incorporated because of other
       amendments made to the Meat Industry Act 1978 and is unnecessary.


2.37   Medical Practice Act 1992 No 94

       Section 130 Membership
       Omit "The New South Wales Branch of the Australian Medical Association"
       from section 130 (2) (c).
       Insert instead "the Australian Medical Association (NSW) Limited".
       Explanatory note
       The proposed amendment updates a reference to the name of a body.




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                 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 2       Amendments by way of statute law revision




2.38   Mines Inspection Act 1901 No 75

       Section 69 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 69 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.39   Motor Accidents Act 1988 No 102

       Section 78 Determination of economic loss
       Omit "(c)" where secondly occurring. Insert instead "(d)".
       Explanatory note
       The proposed amendment removes a duplication in paragraph numbering.


2.40   Motor Accidents Compensation Act 1999 No 41

 [1]   Section 45 Special requirements relating to MAA Medical Guidelines
       relating to impairment
       Omit "only adopt the provisions of another publication" from section 45 (3).
       Insert instead "adopt the provisions of another publication only".

 [2]   Section 134 Maximum of amount of damages for non-economic loss
       Omit "section 126" from section 134 (2).
       Insert instead "section 146".

 [3]   Section 151 Costs where claims assessment made
       Omit "section 113" from section 151 (3).
       Insert instead "section 111 (2)".

 [4]   Section 208 Membership and procedure of Council
       Omit "Australian Medical Association (NSW Branch)" from section 208 (1) (e).
       Insert instead "Australian Medical Association (NSW) Limited".

 [5]   Schedule 5 Savings, transitional and other provisions
       Omit "MAC" from clause 11. Insert instead "MAA".
       Explanatory note
       Item [1] of the proposed amendments corrects a grammatical error consisting of the
       misplacement of a word.
       Items [2] and [3] of the proposed amendments correct cross-references.


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Amendments by way of statute law revision                                       Schedule 2




       Item [4] of the proposed amendments updates a reference to the name of a body.
       Item [5] of the proposed amendments corrects a typographical error.


2.41   Motor Dealers Act 1974 No 52

       Section 55 Proceedings
       Insert "monetary" after "maximum" wherever occurring in section 55 (1B).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.42   Murray-Darling Basin Act 1992 No 65

       Section 34 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 34 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.43   Native Vegetation Conservation Act 1997 No 133

       Section 64 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 64 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.44   Optical Dispensers Act 1963 No 35

       Section 6 The board
       Omit "New South Wales Branch of the Australian Medical Association" from
       section 6 (2) (e).
       Insert instead "Australian Medical Association (NSW) Limited".
       Explanatory note
       The proposed amendment updates a reference to the name of a body.




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2.45   Passenger Transport Act 1990 No 39

       Section 60 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 60 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.46   Pesticides Act 1978 No 57

       Section 59 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 59 (1A).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.47   Physiotherapists Registration Act 1945 No 9

       Section 13 Casual vacancies
       Omit "subsection (1) of section 5" from section 13 (2) (a).
       Insert instead "section 5 (2) (b)".
       Explanatory note
       The proposed amendment updates a cross-reference.


2.48   Poisons and Therapeutic Goods Act 1966 No 31

 [1]   Section 6 Poisons Advisory Committee
       Omit "Australian Medical Association, New South Wales Branch" from section
       6 (3) (a).
       Insert instead "Australian Medical Association (NSW) Limited".

 [2]   Section 30 Medical Committee
       Omit "Australian Medical Association, New South Wales Branch" wherever
       occurring in section 30 (2) (a) and (3).
       Insert instead "Australian Medical Association (NSW) Limited".
       Explanatory note
       The proposed amendments update references to the name of a body.




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2.49   Private Hospitals and Day Procedure Centres Act 1988 No 123

       Section 4 Constitution of Advisory Committee
       Omit "New South Wales Branch of the Australian Medical Association" from
       section 4 (4) (c).
       Insert instead "Australian Medical Association (NSW) Limited".
       Explanatory note
       The proposed amendment updates a reference to the name of a body.


2.50   Protection of the Environment Operations Act 1997 No 156

       Section 215 Proceedings for other offences
       Insert "monetary" after "maximum" in section 215 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.51   Public Health Act 1991 No 10

       Section 61M Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 61M (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.52   Registered Clubs Act 1976 No 31

       Section 68 Breath analysis equipment
       Omit "the Standards Association of Australia" from section 68 (3).
       Insert instead "Standards Australia".
       Explanatory note
       The proposed amendment updates a reference to the name of a body and is consequential on
       the amendments made to the Interpretation Act 1987 in relation to Standards Australia set out
       in Schedule 1.




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2.53   Residential Parks Act 1998 No 142

       Section 148 Proceedings for offences
       Insert "monetary" after "maximum" in section 148 (4).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.54   Residential Tenancies Act 1987 No 26

 [1]   Section 95 Tenancy Commissioner may represent tenant
       Omit "section 94".
       Insert instead "section 33 of the Residential Tribunal Act 1998".

 [2]   Section 124 Evidence and proceedings for offences
       Omit "or 115" from section 124 (3).

 [3]   Section 124 (4)
       Insert "monetary" after "maximum".

 [4]   Section 125 Offences and penalties
       Omit the matter relating to sections 115 and 116 (1) and (2) from section
       125 (1).
       Explanatory note
       Item [1] of the proposed amendments updates a cross-reference to a repealed provision.
       Items [2] and [4] of the proposed amendments repeal obsolete cross-references.
       Item [3] of the proposed amendments supplements the amendment to the Interpretation Act
       1987 relating to the maximum monetary penalty Local Courts may impose set out in
       Schedule 1.


2.55   Revenue Laws (Reciprocal Powers) Act 1987 No 86

       Section 19 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 19 (3).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.




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2.56   Rivers and Foreshores Improvement Act 1948 No 20

       Section 26 Proceedings and penalties for offences
       Insert "monetary" after "maximum" wherever occurring in section 26 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.57   Road and Rail Transport (Dangerous Goods) Act 1997 No 113

       Section 39 Proceedings for an offence
       Insert "monetary" after "maximum" in section 39 (5).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.58   Rural Lands Protection Act 1998 No 143

       Section 204 Proceedings for offences
       Insert "monetary" after "maximum" in section 204 (3).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.59   Search Warrants Act 1985 No 37

       Section 10 Definitions
       Omit all the matter relating to the Medical Practitioners Act 1938 from the
       definition of search warrant.
       Insert instead:
                     section 125 of the Medical Practice Act 1992,
       Explanatory note
       The proposed amendment updates a reference to an Act.




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2.60   Snowy Hydro Corporatisation Act 1997 No 99

       Section 51 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 51 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.61   Soil Conservation Act 1938 No 10

       Section 29 Penalties
       Insert "monetary" after "maximum" wherever occurring in section 29 (3).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.62   Statute Law (Miscellaneous Provisions) Act 1999 No 31

       Schedule 2 Amendments by way of statute law revision
       Omit "section" wherever occurring in Schedule 2.10 [2].
       Explanatory note
       The proposed amendment corrects an incorporation direction.


2.63   Stock (Chemical Residues) Act 1975 No 26

       Section 15 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 15 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.64   Stock Medicines Act 1989 No 182

       Section 60 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 60 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.



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2.65   Supreme Court Act 1970 No 52

       Section 17 Criminal proceedings
       Omit "registrar of the Criminal Division of the Court" from section
       17 (2) (b) (ii).
       Insert instead "Prothonotary".
       Explanatory note
       The proposed amendment updates a reference to an officer of the Supreme Court. The
       Criminal Division of the Supreme Court was abolished by the Courts Legislation Further
       Amendment Act 1998. Proceedings that were assigned to the Criminal Division immediately
       before its abolition were, on that abolition, assigned to the Common Law Division (and
       proceedings that were then pending in the Criminal Division were taken to have been
       commenced in the Common Law Division). The registrar of the Common Law Division is called
       the Prothonotary.


2.66   Sydney Water Act 1994 No 88

       Section 53 Disposal of proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 53 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.67   Sydney Water Catchment Management Act 1998 No 171

       Section 68 Disposal of proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 68 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.68   Taxation Administration Act 1996 No 97

       Section 125 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 125 (3).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.




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2.69   Threatened Species Conservation Act 1995 No 101

 [1]   Schedule 1 Endangered species, populations and ecological
       communities
       Omit from under the subheading "Capparaceae" under the heading "Plants" in
       Part 1 of the Schedule the matter "Capparis loranthifolia var. loranthifolia
       Lindley".
       Insert instead "Capparis loranthifolia Lindley var. loranthifolia".

 [2]   Schedule 1, Part 1, Plants
       Omit from under the subheading "Convolvulaceae" the matter "Ipomoea
       diamentinensis J. Black".
       Insert instead "Ipomoea diamantinensis J. Black".

 [3]   Schedule 1, Part 1, Plants
       Omit from under the subheading "Euphorbiaceae" the matter "Sauropus
       albiflorus subsp. microcladus (Muell. Arg.) Airy Shaw".
       Insert instead "Phyllanthus microcladus Muell. Arg.".

 [4]   Schedule 1, Part 1, Plants
       Omit from under the subheading "Lamiaceae" the matter "*Prostanthera sp.
       Somersby (B.J. Conn 4024)".
       Insert instead "*Prostanthera junonis B.J. Conn".

 [5]   Schedule 1, Part 1, Plants
       Omit from under the subheading "Lamiaceae" the matter "Westringia kydrenis
       Conn".
       Insert instead "*Westringia kydrensis Conn".

 [6]   Schedule 1, Part 1, Plants
       Omit from under the subheading "Myrtaceae" the matter "*Eucalyptus
       pachycalyx Maiden & Blakely".
       Insert instead "*Eucalyptus pachycalyx subsp. banyabba K.D. Hill".

 [7]   Schedule 1, Part 1, Plants
       Omit from under the subheading "Orchidaceae" the matter "*Phaius
       tankervilliae (Banks ex L'Her.) Blume".
       Insert instead "*Phaius tankarvilleae (Banks ex L'Her.) Blume".

 [8]   Schedule 1, Part 1, Plants
       Insert in alphabetical order under the subheading "Rutaceae" the matter
       "*Leionema lachnaeoides (A. Cunn.) Paul G. Wilson".

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 [9]   Schedule 1, Part 1, Plants
       Omit from under the subheading "Rutaceae" the matter "*Phebalium
       lachnaeoides Cunn.".

[10]   Schedule 1, Part 1, Plants
       Omit from under the subheading "Sapindaceae" the matter "Dodonaea
       microzyga var. microzyga F. Muell.".
       Insert instead "Dodonaea microzyga F. Muell. var. microzyga".

[11]   Schedule 1, Part 1, Plants
       Omit from under the subheading "Thymelaeaceae" the matter "Pimelea
       serpyllifolia subsp. serpyllifolia R. Br.".
       Insert instead "Pimelea serpyllifolia R. Br. subsp. serpyllifolia".

[12]   Schedule 1, Part 1, Plants
       Omit from under the subheading "Zamiaceae" the matter "Macrozamia moorei
       F. Muell.".
       Insert instead "Macrozamia johnsonii D.L. Jones & K. Hill".

[13]   Schedule 1, Part 3 Endangered ecological communities
       Insert an asterisk before the entry relating to the Eastern Suburbs Banksia Scrub.

[14]   Schedule 1, Part 4 Species presumed extinct
       Omit from under the heading "Plants" the following matter:
       Cyperaceae
            Eleocharis tetraquetra Nees

[15]   Schedule 1, Part 4, Plants
       Omit from under the subheading "Rutaceae" the matter "Eriostemon
       angustifolius subsp. angustifolius Paul G. Wilson".

[16]   Schedule 1, Part 4, Plants
       Insert in alphabetical order under the subheading "Rutaceae" the matter
       "Philotheca angustifolia (Paul G. Wilson) Paul G. Wilson subsp. angustifolia".

[17]   Schedule 1, Part 4, Plants
       Omit from under the subheading "Scrophulariaceae" the matter "*Euphrasia sp.
       Tamworth (Rupp s.n., -/09/1904)".
       Insert instead "*Euphrasia ruptura W.R. Barker".



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[18]   Schedule 1, Part 4, Plants
       Omit from under the subheading "Tremandraceae" the matter "Tetratheca pilosa
       subsp. pilosa Labill.".
       Insert instead "Tetratheca pilosa Labill. subsp. pilosa".

[19]   Schedule 2 Vulnerable species
       Omit from under the subheading "Corynocarpaceae" under the heading "Plants"
       in the Schedule the matter "*Corynocarpus rupestris subsp. rupestris Guymer".
       Insert instead "*Corynocarpus rupestris Guymer subsp. rupestris".

[20]   Schedule 2, Plants
       Omit from under the subheading "Ericaceae" the matter "*Gaultheria
       viridicarpa subsp. viridicarpa J.B. Williams ms".
       Insert instead "*Gaultheria viridicarpa J.B. Williams ms subsp. viridicarpa".

[21]   Schedule 2, Plants
       Omit from under the subheading "Fabaceae" the matter "*Pultenaea parrisiae
       subsp. parrisiae J.D. Briggs & Crisp".
       Insert instead "*Pultenaea parrisiae J.D. Briggs & Crisp subsp. parrisiae".

[22]   Schedule 2, Plants
       Omit from under the subheading "Haloragaceae" the matter "*Haloragis exalata
       subsp. exalata F. Muell.".
       Insert instead "*Haloragis exalata F. Muell. subsp. exalata".

[23]   Schedule 2, Plants
       Omit from under the subheading "Lamiaceae" the matter "*Prostanthera sp.
       Bundjalung National Park (B.J. Conn 3471)".
       Insert instead "*Prostanthera palustris B.J. Conn".

[24]   Schedule 2, Plants
       Omit from under the subheading "Myrtaceae" the matter "*Baeckea sp.
       Pyramids (W.J. McDonald 357)".
       Insert instead "*Babingtonia granitica A.R. Bean".

[25]   Schedule 2, Plants
       Insert in alphabetical order under the subheading "Myrtaceae" the matter
       "*Eucalyptus canobolensis (L.A.S. Johnson & K.D. Hill) J.T. Hunter".

[26]   Schedule 2, Plants
       Omit from under the subheading "Myrtaceae" the matter "*Eucalyptus rubida
       subsp. canobolensis L. Johnson & K. Hill".

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[27]   Schedule 2, Plants
       Insert an asterisk before the following entry appearing under the subheading
       "Myrtaceae":
            Kunzea rupestris Blakely

[28]   Schedule 2, Plants
       Omit from under the subheading "Orchidaceae" the matter "*Caladenia
       tesselata Fitzg.".
       Insert instead "*Caladenia tessellata Fitzg.".

[29]   Schedule 2, Plants
       Omit from under the subheading "Orchidaceae" the matter "*Diuris schaeffiana
       Fitzg.".
       Insert instead "*Diuris sheaffiana Fitzg.".

[30]   Schedule 2, Plants
       Omit from under the subheading "Rutaceae" the following matter:
            *Eriostemon ericifolius Cunn. ex Benth.
            *Phebalium ralstonii (F. Muell.) Benth.
            *Phebalium rhytidophyllum Albrecht & N. Walsh
            *Phebalium sympetalum Paul G. Wilson

[31]   Schedule 2, Plants
       Insert in alphabetical order under the subheading "Rutaceae" the following
       matter:
            *Leionema ralstonii (F. Muell.) Paul G. Wilson
            *Leionema sympetalum (Paul G. Wilson) Paul G. Wilson
            *Nematolepis rhytidophylla (Alb. & N.G. Walsh) Paul G. Wilson
            *Philotheca ericifolia (A. Cunn. ex Benth.) Paul G. Wilson
       Explanatory note
       Schedule 1 to the Threatened Species Conservation Act 1995 contains lists of endangered
       species, populations and ecological communities and species presumed extinct. Schedule 2
       lists vulnerable species. Species that are listed in the analogous Schedules to the Endangered
       Species Protection Act 1992 of the Commonwealth are marked with an asterisk. The
       Commonwealth Act has been amended. Items [13] and [27] of the proposed amendments insert
       an appropriate asterisk.
       Items [1], [2], [5], [7], [10], [11], [18]-[22], [28] and [29] of the proposed amendments correct the
       name of a species.
       Items [3], [6], [8], [9], [12], [15], [16], [30] and [31] of the proposed amendments reflect a
       change in the classification of a species.


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Schedule 2        Amendments by way of statute law revision




       Items [4], [17] and [23]-[26] of the proposed amendments arise out of the publication of the
       classification of a species.
       Item [14] of the proposed amendments omits an entry for a plant in Part 4 (Species presumed
       extinct) of Schedule 1 to the Act as the plant has been inserted in Part 1 (Endangered species)
       of the Schedule (see Gazette No 79 of 9 July 1999 at page 4855).


2.70   Timber Marketing Act 1977 No 72

 [1]   Section 4 Definitions
       Omit "the Standards Association of Australia" from the definition of standard
       in section 4 (1).
       Insert instead "Standards Australia".

 [2]   Section 26A Definitions
       Omit "the Standards Association of Australia" from the definition of Australian
       Standard.
       Insert instead "Standards Australia".
       Explanatory note
       The proposed amendments update references to the name of a body and are consequential
       on the amendments to the Interpretation Act 1987 in relation to Standards Australia set out in
       Schedule 1.


2.71   Transport Administration Act 1988 No 109

       Section 78 Payments into Roads and Traffic Authority Fund
       Omit "Motor Vehicle Driving Instructors Act 1961" from section 78 (1) (b) (ii).
       Insert instead "Driving Instructors Act 1992".
       Explanatory note
       The proposed amendment updates a reference to an Act.


2.72   Trustee Companies Act 1964 No 6

 [1]   Second Schedule
       Omit "National Mutual Trustees Limited".
       Insert instead "AXA Trustees Limited".

 [2]   Third Schedule, First Part
       Omit "Austrust Limited".
       Insert instead "Tower Trust Limited".




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 [3]   Third Schedule, First Part
       Omit "National Mutual Trustees Limited".
       Insert instead "AXA Trustees Limited".
       Explanatory note
       The proposed amendments are consequential on the change of name of certain trustee
       companies.


2.73   Very Fast Train (Route Investigation) Act 1989 No 44

       Section 21 Proceedings for offences
       Insert "monetary" after "maximum" in section 21 (3).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.74   Waste Minimisation and Management Act 1995 No 102

 [1]   Section 73 Waste Planning and Management Fund
       Omit "clause 72" from section 73 (3).
       Insert instead "section 88 of the Protection of the Environment Operations
       Act 1997".

 [2]   Section 73 (3)
       Omit "controlled".
       Explanatory note
       Item [1] of the proposed amendments updates a cross-reference.
       Item [2] of the proposed amendments updates the terminology used in a provision that
       presently refers to "controlled waste facilities". Such facilities are now licensed under the
       Protection of the Environment Operations Act 1997 and referred to as "waste facilities".


2.75   Water Act 1912 No 44

 [1]   Section 4G Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 4G (3).

 [2]   Section 5 (1) (definition of "Local occupier") and sections 11 (2), (2A)
       and (5), 13A (4), 18G (b), 20A (1A), (1B) and (2), 20CA (4) (d), 20E (2) (b1)
       and (b2), 170 (1) (a) and 173 (2) and (3)
       Omit "proclaimed local area" wherever occurring.
       Insert instead "declared local area".


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Schedule 2        Amendments by way of statute law revision




       Explanatory note
       Item [1] of the proposed amendments supplements the amendment to the Interpretation Act
       1987 relating to the maximum monetary penalty Local Courts may impose set out in
       Schedule 1.
       Item [2] of the proposed amendments updates the terminology used in certain provisions of the
       Water Act 1912.


2.76   Water Supply Authorities Act 1987 No 140

       Section 52 Disposal of proceedings for offence
       Insert "monetary" after "maximum" wherever occurring in section 52 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.


2.77   Workplace Injury Management and Workers Compensation Act
       1998 No 86

       Section 245 Proceedings for offences
       Insert "monetary" after "maximum" wherever occurring in section 245 (2).
       Explanatory note
       The proposed amendment supplements the amendment to the Interpretation Act 1987 relating
       to the maximum monetary penalty Local Courts may impose set out in Schedule 1.




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Schedule 3           Amendments transferring provisions
                                                                            (Section 3)


3.1    Forestry Act 1916 No 55

 [1]   Third Schedule Savings, transitional and other provisions
       Insert after the heading to the Schedule:

           1   Forestry (Amendment) Act 1924
                (1) The powers, duties and authorities of the dissolved body corporate
                    are vested in the corporation sole.
                (2) All real and personal property vested in the dissolved body
                    corporate immediately before 8 April 1925 is transferred and
                    vested in the corporation sole, subject to any trusts or equities
                    affecting the property.
                (3) All liabilities of the dissolved body corporate may be pursued
                    against the corporation sole or its successors.
                (4) A reference in any other Act, in any instrument made under any
                    Act or in any document, to the dissolved body corporate is taken
                    to be a reference to the corporation sole.
                (5) This clause is taken to have commenced on 8 April 1925 (the date
                    of commencement of the amending Act).
                (6) Subclauses (1)-(4) re-enact (with minor modifications) section 5
                    (1)-(4) of the amending Act. Subclauses (1)-(4) are transferred
                    provisions to which section 30A of the Interpretation Act 1987
                    applies.
                (7) In this clause:
                    amending Act means the Forestry (Amendment) Act 1924.
                    corporation sole means the corporation sole constituted under
                    section 7.
                    dissolved body corporate means the body corporate dissolved by
                    the amending Act.




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             2   Forestry (Amendment) Act 1978
                 (1) A licence that confers authority with respect to the ringbarking or
                     other killing or destruction of trees granted under a provision of
                     this Act repealed by the amending Act, being a licence in force
                     immediately before the date of repeal, is taken to be a clearing
                     licence under section 27G.
                 (2) A permit granted under a provision of this Act repealed by the
                     amending Act, being a permit in force immediately before the date
                     of repeal, is taken to be:
                     (a)    where the permit confers authority to graze and water
                            animals--a grazing permit under section 31 (1), or
                     (b)    where the permit confers authority to occupy land--an
                            occupation permit under section 31 (1A).
                 (3) This clause is taken to have commenced on 1 July 1983 (the date
                     of commencement of the amending Act).
                 (4) Subclauses (1) and (2) re-enact (with minor modifications) section
                     5 of the amending Act. Subclauses (1) and (2) are transferred
                     provisions to which section 30A of the Interpretation Act 1987
                     applies.
                 (5) In this clause:
                     amending Act means the Forestry (Amendment) Act 1978.

 [2]   Third Schedule
       Renumber the existing clause of the Schedule as clause 3.
       Explanatory note
       The proposed amendments insert in the Third Schedule (Savings, transitional and other
       provisions) to the Forestry Act 1916 the substance of savings and transitional provisions (of
       possible ongoing effect) contained in the Forestry (Amendment) Act 1924 and the Forestry
       (Amendment) Act 1978. The enactment of the amendments enables the repeal of those Acts
       by Schedule 4 to this Act. In accordance with section 30A of the Interpretation Act 1987, the
       transfer of the provisions does not affect the operation (if any) or meaning of the provisions.




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3.2    Housing Act 1912 No 7

       Section 50 and Schedule 1
       Insert after section 49:

         50    Savings and transitional provisions
                     Schedule 1 has effect.

       Schedule 1            Savings and transitional provisions
                                                                            (Section 50)

           1   Regulations
                (1) The regulations may contain provisions of a savings or transitional
                    nature consequent on the enactment of the following Acts:
                     Housing (Amendment) Act 1982
                (2) Any such provision may, if the regulations so provide, take effect
                    from the date of assent to the Act concerned or a later date.
                (3) To the extent to which any such provision takes effect from a date
                    that is earlier than the date of its publication in the Gazette, the
                    provision does not operate so as:
                    (a)     to affect, in a manner prejudicial to any person (other than
                            the State or an authority of the State), the rights of that
                            person existing before the date of its publication, or
                    (b)     to impose liabilities on any person (other than the State or
                            an authority of the State) in respect of anything done or
                            omitted to be done before the date of its publication.
                (4) Subclauses (1)-(3), in their application to the Housing
                    (Amendment) Act 1982, re-enact (with minor modifications) clause
                    13 of Schedule 4 to the Housing (Amendment) Act 1982.
                    Subclauses (1)-(3) are transferred provisions to which section 30A
                    of the Interpretation Act 1987 applies.




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             2   Provision consequent on enactment of Housing (Amendment)
                 Act 1982
                 (1) On and from 20 February 1983, a reference in any other Act, in
                     any instrument made under any Act or in any document of any
                     kind, being a reference, or a reference to be construed as a
                     reference, to the Housing of the Unemployed Act 1934, the
                     Housing Improvement Act 1936 or the Housing Act 1941, is taken
                     to be a reference to this Act.
                 (2) This clause is taken to have commenced on 20 February 1983 (the
                     date of commencement of Schedule 4 to the amending Act).
                 (3) Subclause (1) re-enacts (with minor modifications) clause 6 (b) of
                     Schedule 4 to the amending Act. Subclause (1) is a transferred
                     provision to which section 30A of the Interpretation Act 1987
                     applies.
                 (4) In this clause:
                     amending Act means the Housing (Amendment) Act 1982.
       Explanatory note
       The proposed amendment inserts Schedule 1 (Savings and transitional provisions) into the
       Housing Act 1912. The Schedule includes the substance of savings and transitional provisions
       (of possible ongoing effect) contained in the Housing (Amendment) Act 1982. The enactment
       of the amendment enables the repeal of that Act by Schedule 4 to this Act. In accordance with
       section 30A of the Interpretation Act 1987, the transfer of the provisions does not affect the
       operation (if any) or meaning of the provisions.


3.3    Housing Act 1985 No 163

       Section 17 References to Corporation etc
       Insert after section 17 (2):
                 (3) On and from 20 February 1983, a reference in any other Act, in
                     any instrument made under any Act or in any document of any
                     kind, being a reference, or a reference to be construed as a
                     reference, to:
                     (a)    The Housing Commission of New South Wales, or
                     (b)    the corporation constituted by section 3 of the Housing Act
                            1912 as in force immediately before 20 February 1983, or
                     (c)    the Homes for Unemployed Trust, or
                     (d)    The Housing Improvement Board of New South Wales,
                      is taken to be a reference to the Corporation.



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                (4) Subclause (3) is taken to have commenced on 20 February 1983
                    (the date of commencement of Schedule 4 to the Housing
                    (Amendment) Act 1982).
                (5) Subclause (3) re-enacts (with minor modifications) clause 6 (a) of
                    Schedule 4 to the Housing (Amendment) Act 1982. Subclause (3)
                    is a transferred provision to which section 30A of the
                    Interpretation Act 1987 applies.
       Explanatory note
       The proposed amendment inserts into the Housing Act 1985 the substance of a savings
       provision (of possible ongoing effect) contained in the Housing (Amendment) Act 1982. The
       enactment of the amendment enables the repeal of that Act by Schedule 4 to this Act. In
       accordance with section 30A of the Interpretation Act 1987, the transfer of the provision does
       not affect the operation (if any) or meaning of the provision.


3.4    Long Service Leave Act 1955 No 38

       Section 16 and Schedule 1
       Insert after section 15:

         16     Savings and transitional provisions
                      Schedule 1 has effect.

       Schedule 1              Savings and transitional provisions
                                                                                       (Section 16)

           1    Provision consequent on enactment of Long Service Leave
                (Amendment) Act 1985
                (1) For the purposes of:
                    (a)    the application of section 4 (11) in respect of a period of
                           service before 9 May 1985, and
                    (b)    without affecting the generality of paragraph (a), any
                           proceedings instituted before or after that date in relation to
                           the long service leave entitlement of a worker in respect of
                           a period of service before that date,
                      section 4 (11) is to be construed as if it had not been amended by
                      the amending Act.
                (2) Section 13 (2) and (4), as in force immediately before 4 May 1995,
                    continues to apply to and in respect of any award or industrial
                    agreement or right of a person to payment in respect of long
                    service leave, as the case may be, to which those subsections

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Schedule 3        Amendments transferring provisions




                       applied immediately before that date and to which those
                       subsections, as amended by the amending Act, do not apply.
                 (3) This clause is taken to have commenced on 9 May 1985 (the date
                     of assent to the amending Act).
                 (4) Subclauses (1) and (2) re-enact (with minor modifications) clauses
                     3 and 4 of Schedule 3 to the amending Act. Subclauses (1) and (2)
                     are transferred provisions to which section 30A of the
                     Interpretation Act 1987 applies.
                 (5) In this clause:
                     amending Act means the Long Service Leave (Amendment) Act
                     1985.
       Explanatory note
       The proposed amendment inserts Schedule 1 (Savings and transitional provisions) into the
       Long Service Leave Act 1955. The Schedule includes the substance of savings and transitional
       provisions (of possible ongoing effect) contained in the Long Service Leave (Amendment) Act
       1985. The enactment of the amendment enables the repeal of that Act by Schedule 4 to this
       Act. In accordance with section 30A of the Interpretation Act 1987, the transfer of the provisions
       does not affect the operation (if any) or meaning of the provisions.


3.5    Lord Howe Island Act 1953 No 39

 [1]   Section 39
       Insert after section 38:

          39     Savings and transitional provisions
                       Schedule 2 has effect.

 [2]   Schedule 2
       Insert after Schedule 1:

       Schedule 2               Savings and transitional provisions
                                                                                           (Section 39)

             1   Provision consequent on enactment of Lord Howe Island
                 (Amendment) Act 1981
                 (1) If, before 1 January 1982, a lease under section 21 devolved
                     beneficially under the will, or on the intestacy, of a lineal ancestor
                     on an Islander who was already a lessee under that section and the
                     Minister, otherwise than pursuant to section 21 (7), suspended, or
                     purported to suspend, the condition of residence applicable to the
                     lease:

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Amendments transferring provisions                                                  Schedule 3




                      (a)      the suspension is taken to have been effected, and the
                               conditions to which the suspension was made subject are
                               taken to have been imposed, by order made by the
                               Minister, and
                      (b)      the suspension and conditions have, and are taken always
                               to have had, the same effect as they would have had if
                               section 23 (12), as amended by the amending Act, had been
                               in force at the time of the suspension.
                (2) This clause is taken to have commenced on 1 January 1982 (the
                    date of commencement of the amending Act).
                (3) Subclause (1) re-enacts (with minor modifications) clause 10 of
                    Schedule 8 to the amending Act. Subclause (1) is a transferred
                    provision to which section 30A of the Interpretation Act 1987
                    applies.
                (4) In this clause:
                    amending Act means the Lord Howe Island (Amendment) Act
                    1981.
       Explanatory note
       The proposed amendments insert Schedule 2 (Savings and transitional provisions) into the Lord
       Howe Island Act 1953. The Schedule includes the substance of a savings provision (of possible
       ongoing effect) contained in the Lord Howe Island (Amendment) Act 1981. The enactment of
       the amendments enables the repeal of that Act by Schedule 4 to this Act. In accordance with
       section 30A of the Interpretation Act 1987, the transfer of the provision does not affect the
       operation (if any) or meaning of the provision.


3.6    National Parks and Wildlife Act 1974 No 80

       Schedule 3 Savings, transitional and other provisions
       Insert after clause 22:

        22A     Transitional provision consequent on enactment of National
                Parks and Wildlife Amendment (Game Birds Protection)
                Act 1995
                (1) In so far as:
                    (a)     a licence in force under Division 2 of Part 9 immediately
                            before 30 November 1995, or
                    (b)     an authority in force under section 171 (1) immediately
                            before that day,




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Schedule 3        Amendments transferring provisions




                      has the effect of authorising its holder to take or kill game birds for
                      sporting or recreational purposes, the licence or authority ceases to
                      have that effect on that day. However, the licence or authority does
                      not cease to authorise a sporting or recreational shooter from
                      taking or killing game birds for any other specified lawful purpose.
                (2) This clause is taken to have commenced on 30 November 1995
                    (the date of assent to the amending Act).
                (3) Subclause (1) re-enacts (with minor modifications) section 4 (1) of
                    the amending Act. Subclause (1) is a transferred provision to
                    which section 30A of the Interpretation Act 1987 applies.
                (4) In this clause:
                    amending Act means the National Parks and Wildlife Amendment
                    (Game Birds Protection) Act 1995.
       Explanatory note
       The proposed amendment inserts in Schedule 3 (Savings, transitional and other provisions) to
       the National Parks and Wildlife Act 1974 the substance of a transitional provision (of possible
       ongoing effect) contained in the National Parks and Wildlife Amendment (Game Birds
       Protection) Act 1995. The enactment of the amendment enables the repeal of that Act by
       Schedule 4 to this Act. In accordance with section 30A of the Interpretation Act 1987, the
       transfer of the provision does not affect the operation (if any) or meaning of the provision.


3.7    Petroleum (Submerged Lands) Act 1982 No 23

       Schedule 4 Savings, transitional and other provisions
       Insert in appropriate order:


       Part 1A Provisions consequent on enactment of
               Petroleum (Submerged Lands) Further
               Amendment Act 1991
          1A     Petroleum (Submerged Lands) Further Amendment Act 1991
                (1) If:
                    (a)        at the commencement of this clause, a nomination had
                               been made under section 37, and
                      (b)      at that commencement, a declaration had not been made
                               under section 38 as a result of the making of the
                               nomination,




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Amendments transferring provisions                                        Schedule 3




                     sections 37, 38 or 39, as in force immediately before the
                     commencement of this clause, continue to have effect in relation
                     to that nomination and the block or blocks that would be affected
                     by a declaration as if the amending Act had not been enacted.
                (2) A declaration made under section 38 as continued in force by
                    subclause (1) has effect, and this Act, as amended by the
                    amending Act, applies to the declaration, as if the declaration had
                    been made under that section as amended by the amending Act.
                (3) A declaration in force under section 38 immediately before the
                    commencement of this clause has effect after that commencement
                    as if it were a declaration under section 38, as amended by the
                    amending Act.
                (4) If:
                    (a)      the permittee under a permit granted before the
                             commencement of this clause applies under section 41, as
                             amended by the amending Act, for a licence, and
                     (b)     the location that includes the block or blocks to which the
                             application relates was declared under section 38, as
                             amended by the amending Act, and
                     (c)     the location consists of not more than 8 blocks, and
                     (d)     the Minister notifies the applicant in writing that, in the
                             Minister's opinion, the number of blocks specified in the
                             notification represents the maximum number of blocks that
                             the applicant would have been entitled to have declared as
                             a location instead of the block or blocks constituting the
                             location referred to in paragraph (b) if the amending Act
                             had not been enacted, and
                     (e)     the number of blocks specified in the notification exceeds
                             the number of blocks in the location referred to in
                             paragraph (b),
                     section 41 (1), as amended by the amending Act, applies as if the
                     firstmentioned location were constituted by the number of blocks
                     specified in the notification referred to in paragraph (d).




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Schedule 3        Amendments transferring provisions




                (5) If, when the first regulations made for the purposes of section 81
                    (4) (b), as amended by the amending Act, take effect, an
                    application for approval of a dealing has been made but the
                    Minister has neither approved nor refused to approve the dealing:
                    (a)    the Minister must give to the applicant written notice that
                           the applicant is entitled to lodge an instrument for the
                           purpose of section 81 (4) (b) in relation to the application,
                           and
                    (b)    the applicant may lodge an instrument for the purpose of
                           section 81 (4) (b), and
                    (c)    the application must not be dealt with by the Minister until
                           after the end of 30 days after the day on which notice is
                           given for the purpose of paragraph (a), and
                    (d)    if the applicant lodges an instrument under paragraph
                           (b)--the applicant must lodge with the instrument 2 copies
                           of the instrument.
                (6) An instrument lodged under subclause (5) must be taken, for the
                    purposes of section 81 (13), as amended by the amending Act, to
                    have accompanied the application when the application was
                    lodged.
                (7) This clause is taken to have commenced on 14 January 1992 (28
                    days after the date of assent to the amending Act).
                (8) Subclauses (1)-(6) re-enact (with minor modifications) Schedule
                    3 to the amending Act. Subclauses (1)-(6) are transferred
                    provisions to which section 30A of the Interpretation Act 1987
                    applies.
                (9) In this clause:
                    amending Act means the Petroleum (Submerged Lands) Further
                    Amendment Act 1991.
       Explanatory note
       The proposed amendment inserts in Schedule 4 (Savings, transitional and other provisions) to
       the Petroleum (Submerged Lands) Act 1982 the substance of transitional provisions (of possible
       ongoing effect) contained in the Petroleum (Submerged Lands) Further Amendment Act 1991.
       The enactment of the amendment enables the repeal of that Act by Schedule 4 to this Act. In
       accordance with section 30A of the Interpretation Act 1987, the transfer of the provisions does
       not affect the operation (if any) or meaning of the provisions.




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Amendments transferring provisions                                        Schedule 3




3.8    Stock Diseases Act 1923 No 34

       Schedule 2 Savings, transitional and other provisions
       Insert after clause 1:


       Part 1A Provision consequent on enactment of
               Statute Law (Miscellaneous Provisions) Act
               1986
         1A    Savings provision
                (1) A person holding office as an inspector, or authorised to carry out
                    any or all of the duties and exercise any or all of the powers of an
                    inspector, under this Act, as in force immediately before the
                    commencement of the amending provisions is taken to have been
                    duly appointed as an inspector, or authorised to perform the duties
                    and exercise the powers of an inspector, on that commencement
                    under this Act, as amended by the amending provisions.
                (2) This clause is taken to have commenced on 1 May 1986 (the date
                    of commencement of the amending provisions).
                (3) Subclause (1) re-enacts (with minor modifications) clause 4 of
                    Schedule 24 to the Statute Law (Miscellaneous Provisions) Act
                    1986. Subclause (1) is a transferred provision to which section
                    30A of the Interpretation Act 1987 applies.
                (4) In this clause:
                    amending provisions means Schedule 18 to the Statute Law
                    (Miscellaneous Provisions) Act 1986.


       Part 1B Provision consequent on enactment of
               Stock Diseases (Board of Tick Control)
               Amendment Act 1988
         1B    Savings provisions
                (1) The repeal and re-enactment by the amending Act of Part 2 of this
                    Act does not affect the continuity of employment of an inspector
                    referred to in section 5 (10) (as in force immediately before that
                    repeal and re-enactment).


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Schedule 3        Amendments transferring provisions




                 (2) Any right or interest, and any duty or obligation, that was,
                     immediately before 7 October 1988, conferred or imposed on an
                     inspector by virtue of section 5 (9) or (10) continues as if the
                     amending Act had not been enacted.
                 (3) This clause is taken to have commenced on 7 October 1988 (the
                     date of commencement of the amending Act).
                 (4) Subclauses (1) and (2) re-enact (with minor modifications) section
                     4 (2) and (3) of the amending Act. Subclauses (1) and (2) are
                     transferred provisions to which section 30A of the Interpretation
                     Act 1987 applies.
                 (5) In this clause:
                     amending Act means the Stock Diseases (Board of Tick Control)
                     Amendment Act 1988.
       Explanatory note
       The proposed amendment inserts in Schedule 2 (Savings and transitional provisions) to the
       Stock Diseases Act 1923 the substance of savings provisions (of possible ongoing effect)
       contained in clause 4 of Schedule 24 to the Statute Law (Miscellaneous Provisions) Act 1986
       and in the Stock Diseases (Board of Tick Control) Amendment Act 1988. The enactment of the
       amendment enables the repeal of that Act by Schedule 4 to this Act. In accordance with section
       30A of the Interpretation Act 1987, the transfer of the provisions does not affect the operation
       (if any) or meaning of the provisions.


3.9    Workmen's Compensation (Lead Poisoning--Broken Hill) Act
       1922 No 31

       Section 17 and Schedule 1
       Insert after section 16:

          17     Savings and transitional provisions
                      Schedule 1 has effect.


       Schedule 1              Savings and transitional provisions
                                                                                         (Section 17)

             1   Transitional provision consequent on enactment of Workmen's
                 Compensation (Lead Poisoning--Broken Hill) Amendment Act
                 1924
                 (1) This Act is to be read as if the amendments made by section 2 of
                     the amending Act had been enacted as part of this Act when it was
                     first enacted.

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Amendments transferring provisions                                                       Schedule 3




                 (2) This clause is taken to have commenced on 17 November 1924
                     (the date of assent to the amending Act).
                 (3) Subclause (1) re-enacts (with minor modifications) section 2 (2) of
                     the amending Act. Subclause (1) is a transferred provision to
                     which section 30A of the Interpretation Act 1987 applies.
                 (4) In this clause:
                     amending Act means the Workmen's Compensation (Lead
                     Poisoning--Broken Hill) Amendment Act 1924.
       Explanatory note
       The proposed amendment inserts Schedule 1 (Savings and transitional provisions) into the
       Workmen's Compensation (Lead Poisoning--Broken Hill) Act 1922. The Schedule includes the
       substance of a transitional provision (of possible ongoing effect) contained in the Workmen's
       Compensation (Lead Poisoning--Broken Hill) Amendment Act 1924. The enactment of the
       amendment enables the repeal of that Act by Schedule 4 to this Act. In accordance with section
       30A of the Interpretation Act 1987, the transfer of the provision does not affect the operation (if
       any) or meaning of the provision.




                                                                                               Page 71
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4        Repeals




Schedule 4            Repeals
                                                                                   (Section 4)
          Name of Act                                               Extent of repeal
          Aboriginal Land Rights Act 1983 No 42                     Section 70 and Schedule 3
          Accommodation Levy Act 1997 No 32                         Section 16
          Administration of Justice Act 1968 No 3                   Sections 4, 8, 11 and 14
          Adoption Information Act 1990 No 63                       Section 43 and Schedule 1
                                                                1
          Adoption Information Amendment Act 1995 No 61             Whole of Act
          Agricultural and Veterinary Chemicals (New South          Section 37 and Schedule 1
          Wales) Act 1994 No 53
          Air Transport Act 1964 No 36                              Sections 14-16
                                                        2
          Air Transport (Amendment) Act 1987 No 112                 Whole of Act
                                                            1
          AJC Principal Club Amendment Act 1997 No 24               Whole of Act
          Ambulance Services Act 1990 No 16                         Section 32 and Schedule 2
                                                        1
          Animal Research Amendment Act 1997 No 25                  Whole of Act
          Animals Act 1977 No 25                                    Section 12 and Schedule 2
                                                        1
          Annual Holidays Amendment Act 1997 No 26                  Whole of Act
          Anti-Discrimination (Compulsory Retirement)               Whole of Act
          Amendment Act 1990 No 991

          Appropriation Act 1997 No 315                             Whole of Act

          Appropriation Act 1998 No 745                             Whole of Act

          Appropriation (Parliament) Act 1997 No 335                Whole of Act

          Appropriation (Parliament) Act 1998 No 755                Whole of Act

          Appropriation (Refunds and Subsidies) Act 1997 No         Whole of Act
          1085

          Appropriation (Special Offices) Act 1997 No 345           Whole of Act

          Appropriation (Special Offices) Act 1998 No 765           Whole of Act

          Appropriation (1996-97 Budget Variations) Act 1997        Whole of Act
          No 355



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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                        Schedule 4




          Appropriation (1997-98 Budget Variations) Act 1998      Whole of Act
          No 775

          Appropriation (1997-98 Budget Variations) Act (No 2)    Whole of Act
          1998 No 1355

          Attachment of Wages Limitation Act 1957 No 28           Sections 6-8
          Australian Mutual Provident Society (Demutualisation    Section 34 and Schedule 1
          and Reconstruction) Act 1997 No 56

          Bail Amendment Act 1998 No 1084                         Whole of Act
          Banana Industry Act 1987 No 66                          Section 34
          Bank Mergers Act 1996 No 130                            Section 9
          Banking (Interpretation of References) Act 1959 No 32   Sections 2 and 5-7
          Baptist Churches of New South Wales Property Trust      Whole of Act
          (Amendment) Act 1992 No 761
          Bicentennial Park Trust Act 1987 No 29                  Section 27
          Births, Deaths and Marriages Registration Act 1995      Sections 65 and 66 and
          No 62                                                   Schedules 1 and 2
          Board of Vocational Education and Training Act 1994     Section 12 and Schedule 2
          No 33
          Bread Repeal Act 1996 No 31                             Whole of Act
          Broken Hill Trades Hall Site Extension Act 1915 No 42   Section 4
          Building Services Corporation Legislation Amendment     Whole of Act
          Act 1996 No 1221
          Business Franchise Licences (Repeal) Act 1997 No 109    Section 4 and Schedule 1
          Business Franchise Licences (Tobacco) Amendment Act Whole of Act
          1996 No 1191
          Casino Control Amendment Act 1997 No 1371               Whole of Act
          Catchment Management Act 1989 No 235                    Sections 65-68 and 69 (a)
          Cattle Compensation (Amendment) Act 1993 No 212         Whole of Act
          Centennial Park and Moore Park Trust (Royal Easter      Whole of Act
          Show) Amendment Act 1993 No 431
          Charitable Fundraising Act 1991 No 69                   Section 57 and Schedule 1



                                                                                   Page 73
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Schedule 4         Repeals




          Children (Interstate Transfer of Offenders) Act 1988    Section 23
          No 85
          Chiropractors and Osteopaths Act 1991 No 7              Section 66
          City of Sydney Act 1988 No 48                           Section 53 and Schedule 2
          Civil Aviation (Carriers' Liability) Amendment Act      Whole of Act
          1996 No 701
          Classification (Publications, Films and Computer        Sections 66 and 67 and
          Games) Act 1995 No 63                                   Schedules 2 and 3
          Coal Acquisition (Amendment) Act 1990 No 201            Whole of Act
                                                         1
          Coal Acquisition Amendment Act 1997 No 22               Whole of Act
          Coal and Oil Shale Mine Workers (Superannuation)        Whole of Act
          Amendment Act 1994 No 12
          Coal Industry Amendment Act 1995 No 191                 Whole of Act
          Coal Ownership (Restitution) Act 1990 No 19             Section 10
          Commonwealth Powers (Family Law--Children)              Whole of Act
          Amendment Act 1996 No 601
          Community Services (Complaints, Reviews and             Section 125 and Schedule 2
          Monitoring) Act 1993 No 2
          Companies and Securities Legislation (Amendment) Act Whole of Act
          1989 No 1312
          Constitution and Parliamentary Electorates and          Whole of Act
          Elections Amendment Act 1997 No 882
          Consumer Credit Administration Act 1995 No 69           Section 50 and Schedule 1
          Contaminated Land Management Act 1997 No 140            Section 114 and Schedule 1
          Conveyancers Licensing Act 1995 No 57                   Section 93 and Schedule 1
          Conveyancing Act 1919 No 6                              Section 204
                                                     1
          Conveyancing Amendment Act 1997 No 17                   Whole of Act
          Coomealla Irrigation Area Deep Drainage (Repeal) Act    Section 4
          1979 No 162
          Co-operatives Act 1992 No 18                            Section 445 and Schedule 7
          Corporations (New South Wales) Act 1990 No 83           Section 98 and Schedule 1
          Costs in Criminal Cases Act 1967 No 13                  Section 7
          Courts Legislation Amendment Act 1996 No 1111           Whole of Act

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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                      Schedule 4




          Courts Legislation (Contempt) Amendment Act 1991      Whole of Act
          No 711
          Courts Legislation Further Amendment Act 1995         Whole of Act
          No 881
          Courts Legislation Further Amendment Act 1997         Whole of Act
          No 1411
          Crimes Amendment (Child Pornography) Act 1997         Whole of Act
          No 1421
          Crimes Legislation Amendment Act 1997 No 851          Whole of Act
          Criminal Assets Recovery Act 1990 No 23               Sections 68-70

          Criminal Procedure Amendment (Sentencing              Whole of Act
          Guidelines) Act 1998 No 1594
          Crown Lands (Amendment) Act 1932 No 69                Section 2 and Schedule
          Crown Lands and Irrigation Legislation Amendment      Whole of Act
          (Removal of Transfer Restrictions) Act 1997 No 1111
          Crown Lands and Irrigation Legislation Amendment      Whole of Act
          (Transfer Restrictions) Act 1997 No 671
          Crown Proceedings Act 1988 No 70                      Section 11 and Schedule 1
          Dangerous Goods Act 1975 No 68                        Section 45 (1) and (2) and
                                                                Schedules 1 and 2
          Debits Tax Act 1990 No 112                            Section 54 and Schedule 2
          Decimal Currency Act 1965 No 33                       Section 4 (1) and (2) and First
                                                                Schedule
          Defamation Act 1974 No 18                             Section 5 and Schedule 1
          Dental Technicians Registration Act 1975 No 40        Section 36
          Disability Services Act 1993 No 3                     Section 28 and Schedule 2
          District Court Act 1973 No 9                          Section 181 and Schedule 2
          District Court Amendment Act 1997 No 581              Whole of Act
          Dividing Fences Act 1991 No 72                        Section 30 and Schedule 2
          Drainage Act 1939 No 29                               Section 2
          Driving Instructors Act 1992 No 3                     Section 62 and Schedule 2
          Dust Diseases Tribunal Act 1989 No 63                 Section 36



                                                                                 Page 75
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4        Repeals




          Duties Act 1997 No 123                                 Section 315 and Schedule 2

          Duties Amendment (Managed Investments) Act 1998        Whole of Act
          No 634
          Education Act 1990 No 8                                Section 132
          Education Reform Amendment (Board Inspectors) Act      Whole of Act
          1997 No 71
          Education Reform Amendment (School Discipline) Act     Whole of Act
          1995 No 931
          Electricity Commission (Balmain Electric Light         Section 13
          Company Purchase) Act 1950 No 40
          Electricity Commission (Transfer of Reticulation Works) Section 12
          Act 1957 No 43
          Electricity Legislation Amendment Act 1995 No 181      Whole of Act
          Electricity Legislation Amendment (Wholesale           Whole of Act
          Electricity Market) Act 1997 No 211
          Electricity Supply Amendment Act 1997 No 361           Whole of Act

          Electricity Supply Amendment (Transmission             Whole of Act
          Operator's Levy) Act 1998 No 784
          Emergency Legislation Amendment (Offences) Act         Whole of Act
          1996 No 891
          Energy Legislation (Miscellaneous Amendments) Act      Whole of Act
          1994 No 821
          Energy Services Corporations Act 1995 No 95            Section 19 and Schedule 4
          Entertainment Industry Act 1989 No 230                 Section 66 and Schedule 4
          Entertainment Industry (Interim Council) Amendment     Whole of Act
          Act 1993 No 171
          Environmental Legislation Amendment (Enforcement)      Whole of Act
          Act 1996 No 1011
          Environmental Planning and Assessment Amendment        Whole of Act
          Act 1997 No 1521
          Environmental Planning and Assessment (Part 5)         Whole of Act
          Amendment Act 1993 No 931
          Environmental Planning and Water Legislation           Whole of Act
          Amendment Act 1996 No 311


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Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                            Schedule 4




          Evidence (Children) Act 1997 No 143                         Section 33 and Schedule 1
          Evidence (Consequential and Other Provisions) Act           Section 4 and Schedule 1
          1995 No 27
          Exotic Diseases of Animals Act 1991 No 73                   Sections 79 (1) and 80 and
                                                                      Schedule 1
          Fair Trading Act 1987 No 68                                 Section 93
          Fair Trading Legislation Amendment Act 1997 No 821          Whole of Act
                                                              1
          Farm Debt Mediation Amendment Act 1996 No 106               Whole of Act
          Farm Produce (Repeal) Act 1996 No 134                       Section 3 and Schedule 1
          Film Industry Amendment Act 1996 No 821                     Whole of Act
          Finances Adjustment (Further Provisions) Act 1932           Section 11
          No 64
          Financial Agreement Act 1994 No 71                          Section 6 (1)
          Financial Agreement (Amendment) Act 1976 No 35              Section 4
          Financial Agreement (Decimal Currency) Act 1966             Section 3
          No 39
          Financial Institutions (Miscellaneous Amendments) Act       Whole of Act
          1996 No 242
          Fines Act 1996 No 99                                        Section 130 and Schedule 2
                                            1
          Fines Amendment Act 1997 No 121                             Whole of Act

          Fines Amendment Act 1998 No 354                             Whole of Act
          Fire Brigades Act 1989 No 192                               Section 86 (2) and Schedule 3
                                                   1
          Fire Brigades Amendment Act 1997 No 27                      Whole of Act
          Firearms Act 1996 No 46                                     Section 90 and Schedule 2
          First State Superannuation Act 1992 No 100                  Section 78 and Schedule 4
          Fish Marketing Act 1994 No 37                               Section 12 and Schedules 1 and
                                                                      2
          Fish Marketing Amendment (Deregulation) Act 1997            Whole of Act
          No 101
          Fisheries Management Act 1994 No 38                         Section 292 and Schedule 8
                                                                  1
          Fisheries Management Amendment Act 1997 No 153              Whole of Act
          Food Act 1989 No 231                                        Section 93 and Schedule 4

                                                                                       Page 77
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4        Repeals




          Forestry (Amendment) Act 1924 No 673                      Whole of Act
                                                 3
          Forestry (Amendment) Act 1978 No 101                      Whole of Act
          Forestry, Conservation Authority of New South Wales       Whole of Act
          and Other Acts (Amendment) Act 1972 No 612
          Freedom of Information Act 1989 No 5                      Sections 70 and 71
                                                                2
          Gaming and Betting (Amendment) Act 1985 No 60             Whole of Act
          Gaming and Betting Amendment (Betting Auditoriums)        Whole of Act
          Act 1996 No 661
          Gaming and Betting Amendment (Racing) Act 1995            Whole of Act
          No 511
          Gas Industry Restructuring Amendment (Customer            Whole of Act
          Contracts) Act 1997 No 591
          Gas Supply Amendment Act 1997 No 1041                     Whole of Act
          Geographical Names Act 1966 No 13                         Section 20
          Government Insurance Office (Privatisation) Act 1991      Section 19 and Schedule 2
          No 38
          Government Insurance Office (Privatisation)               Whole of Act
          Amendment Act 1992 No 141
          Government Telecommunications Act 1991 No 77              Section 57 and Schedule 2
          Grain Marketing Act 1991 No 15                            Section 102 and Schedule 4
                                                        1
          Guardianship (Amendment) Act 1993 No 26                   Whole of Act
          Guardianship Amendment Act 1997 No 491                    Whole of Act

          Guardianship Amendment Act 1998 No 74                     Whole of Act
          Habitual Criminals Act 1957 No 19                         Sections 11 and 12 (1)
          Harness Racing Legislation Amendment Act 1996             Whole of Act
          No 901
          Health Legislation Amendment Act 1995 No 91               Whole of Act
                                                            1
          Health Legislation Amendment Act 1997 No 87               Whole of Act
          Health Services Act 1997 No 154                           Section 139 and Schedule 6
          Higher Education (Amalgamation) Act 1989 No 65            Section 46 and Schedule 1
          Higher Education (Amalgamation) Amendment Act             Whole of Act
          1993 No 701


Page 78
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                          Schedule 4




          Home Building Act 1989 No 147                             Section 143 and Schedule 5

          Home Building Amendment Act 1998 No 564                   Whole of Act
          Home Care Service Act 1988 No 6                           Section 19
          Home Purchase Assistance Authority Act 1993 No 15         Section 23 and Schedule 2
          Home Purchase Assistance Authority (Amendment) Act        Whole of Act
          1993 No 921
          HomeFund Commissioner Act 1993 No 9                       Section 45 and Schedule 2
          HomeFund Restructuring Act 1993 No 112                    Section 23 and Schedule 3
          Horticultural Stock and Nurseries Act 1969 No 3           Section 24
          Housing Act 1912 No 7                                     Section 47
          Housing (Amendment) Act 1982 No 121                       Whole of Act
          Hunter Water Act 1991 No 53                               Sections 4 (2) and 71 and
                                                                    Schedule 1
          Impounding Act 1993 No 31                                 Sections 53 and 54
                                                                1
          Inclosed Lands Protection Amendment Act 1997 No 97        Whole of Act
          Independent Commission Against Corruption Act 1988        Sections 118-121
          No 35
          Independent Commission Against Corruption                 Whole of Act
          Amendment (Codes of Conduct) Act 1996 No 731
          Industrial Relations Act 1996 No 17                       Section 410 and Schedule 5
          Innovation Council Act 1996 No 77                         Section 23 and Schedule 4
          Institute of Sport Act 1995 No 52                         Section 33 and Schedule 2
          Internal Audit Bureau Act 1992 No 20                      Section 22 and Schedule 2
          Interpretation Act 1987 No 15                             Section 81 and Schedule 1
          Investigative Bodies Legislation Amendment Act 1997       Whole of Act
          No 601
          Judges' Pensions Act 1953 No 41                           Section 13
          Jury Act 1977 No 18                                       Section 78 and Schedules 5 and
                                                                    7
          Justices Amendment (Procedure) Act 1997 No 1071           Whole of Act
          Lake Illawarra Authority Act 1987 No 285                  Section 34


                                                                                     Page 79
                   Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4         Repeals




          Land Acquisition (Charitable Institutions) Act 1946       Section 5
          No 55
          Land Acquisition (Just Terms Compensation) Act 1991       Section 75 and Schedule 1
          No 22
          Land Development Contribution Management Act 1970         Sections 79 and 80
          No 22
          Landlord and Tenant (Amendment) Act 1968 No 582           Whole of Act
          Law Reform (Law and Equity) Act 1972 No 28                Section 3 (2) and (3)
          Law Reform (Miscellaneous Provisions) Act 1965            Sections 11, 22 and 27
          No 32
          Legal Aid Commission Amendment Act 1996 No 941            Whole of Act
                                                                1
          Legal Aid Commission Amendment Act 1997 No 50             Whole of Act
          Legal Profession Amendment (National Practising           Whole of Act
          Certificates) Act 1996 No 1131
          Legal Profession Reform Act 1993 No 871                   Whole of Act
          Library Act 1939 No 40                                    Section 16 (1)
          Limitation Act 1969 No 31                                 Section 4 and Schedules 1-3
          Limitation (Amendment) Act 1993 No 951                    Whole of Act
          Liquor and Registered Clubs Legislation Amendment         Whole of Act
          (Monitoring and Links) Act 1997 No 441
          Liquor (Repeals and Savings) Act 1982 No 148              Section 5 and Schedule 2
          Local Government Amendment Act 1996 No 691                Whole of Act

          Local Government Amendment Act 1998 No 164                Whole of Act
          Local Government Amendment (Ecologically                  Whole of Act
          Sustainable Development) Act 1997 No 941

          Local Government Amendment (Meetings) Act 1998            Whole of Act
          No 394
          Local Government (City of Sydney Boundaries) Act          Section 32
          1967 No 48
          Local Government (Further Amendment) Act 1980             Whole of Act
          No 1412
          Local Government Legislation (Miscellaneous               Whole of Act
          Amendments) Act 1994 No 441


Page 80
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                             Schedule 4




          Long Service Leave Act 1955 No 38                            Section 13 (1)
                                                               2
          Long Service Leave (Amendment) Act 1963 No 13                Whole of Act
                                                               3
          Long Service Leave (Amendment) Act 1985 No 54                Whole of Act
                                                           3
          Lord Howe Island (Amendment) Act 1981 No 50                  Whole of Act
                                                    1
          Luna Park Site Amendment Act 1997 No 105                     Whole of Act
          Marine Parks Act 1997 No 64                                  Section 51 and Schedule 4
          Marketing of Primary Products Amendment Act 1995             Whole of Act
          No 421
          Marketing of Primary Products Amendment (Marketing           Whole of Act
          Orders) Act 1997 No 1261

          Marketing of Primary Products Amendment (Rice                Whole of Act
          Marketing Board) Act 1998 No 234
          Marketing of Primary Products Amendment (Wine                Whole of Act
          Grapes Marketing Board) Act 1997 No 1251
          Medical Practice Act 1992 No 94                              Sections 196 and 197
                                                                   1
          Mental Health Legislation Amendment Act 1997 No 28           Whole of Act
          Mine Subsidence Compensation (Amendment) Act 1994 Whole of Act
          No 41
          Mines Rescue Act 1994 No 13                                  Section 54 and Schedule 4
          Mining Act 1992 No 29                                        Section 390 and Schedule 5
          Mining Legislation Amendment Act 1996 No 1371                Whole of Act
          Minors (Property and Contracts) Act 1970 No 60               Section 3 (1) and First Schedule
          Miscellaneous Acts (Crown and Other Roads)                   Whole of Act
          Amendment Act 1990 No 551
          Motor Accidents (Amendment) Act 1994 No 271                  Whole of Act
          Motor Accidents Amendment (Board of Directors) Act           Whole of Act
          1997 No 911
          Motor Dealers Act 1974 No 52                                 Section 60
          Motor Vehicles (Third Party Insurance) Act 1942 No 15 Section 28
          Motor Vehicles (Third Party Insurance) Amendment Act Whole of Act
          1993 No 161




                                                                                        Page 81
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4        Repeals




          Murrumbidgee Irrigation Areas Occupiers Relief Act     Sections 13, 15, 16 and 18-20
          1934 No 52
          National Electricity (New South Wales) Act 1997 No 20 Section 9 and Schedule 1
          National Parks and Wildlife Act 1974 No 80             Section 4 (1) and (2) and
                                                                 Schedules 1 and 2
          National Parks and Wildlife Amendment Act 1996         Whole of Act
          No 581
          National Parks and Wildlife Amendment (Abercrombie,    Whole of Act
          Jenolan and Wombeyan Karst Conservation Reserves)
          Act 1997 No 21
          National Parks and Wildlife Amendment (Game Birds      Whole of Act
          Protection) Act 1995 No 603
          National Parks and Wildlife (Emu Licence)              Whole of Act
          Amendment Act 1993 No 781
          National Trust of Australia (New South Wales) Act      Section 40
          1990 No 92
          Native Title (New South Wales) Act 1994 No 45          Section 107 and Schedule 1
          Native Vegetation Conservation Act 1997 No 133         Section 69 and Schedule 5
          New South Wales Cancer Council Act 1995 No 43          Section 19
          New South Wales Crime Commission Amendment Act         Whole of Act
          1996 No 1041
          New South Wales Lotteries Corporatisation Act 1996     Section 14 and Schedule 3
          No 85
          New South Wales--Queensland Border Rivers              Whole of Act
          (Amendment) Act 1993 No 361
          New South Wales Retirement Benefits Act 1972 No 70     Sections 67 (1) and 68-71
                                                           1
          Newcastle Gas Company Limited Act 1971 No 26           Whole of Act
          Non-Indigenous Animals Act 1987 No 166                 Sections 30 and 31
          Non-Indigenous Animals Amendment Act 1996 No 231       Whole of Act
          Notice of Action and Other Privileges Abolition Act    Section 4 and Schedule 1
          1977 No 19
          Noxious Weeds Act 1993 No 11                           Section 75 and Schedule 3
          NSW Grain Corporation Holdings Limited Act 1992        Section 10
          No 31


Page 82
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                      Schedule 4




          Oaths Amendment Act 1996 No 831                       Whole of Act
          Occupational Health and Safety Act 1983 No 20         Sections 36, 38, 40, 42 and 44
                                                                and Schedules 2-7
          Olympic Co-ordination Authority Act 1995 No 10        Section 38 and Schedule 1
          Ombudsman Act 1974 No 68                              Section 40
          Ozone Protection Act 1989 No 208                      Sections 34-38
          Parliamentary Committees Enabling Amendment Act       Whole of Act
          1997 No 711
          Parliamentary Precincts Act 1997 No 66                Section 31 and Schedule 3
          Parliamentary Remuneration Act 1989 No 160            Section 20 and Schedule 3
          Passenger Transport Act 1990 No 39                    Section 65 and Schedule 4
                                                          1
          Passenger Transport Amendment Act 1997 No 72          Whole of Act
          Pawnbrokers and Second-hand Dealers Act 1996 No 13    Section 44 and Schedule 1
                                                   1
          Perpetuities (Amendment) Act 1991 No 57               Whole of Act
          Petroleum (Onshore) Act 1991 No 84                    Section 141
          Petroleum (Submerged Lands) Act 1982 No 23            Section 3 (2) and (3)
          Petroleum (Submerged Lands) Further Amendment Act     Whole of Act
          1991 No 853
          Poisons Amendment (Therapeutic Goods) Act 1996        Whole of Act
          No 21
          Poisons and Therapeutic Goods Act 1966 No 31          Sections 47 and 48
          Police and Superannuation Legislation (Amendment)     Whole of Act
          Act 1990 No 481
          Police Department (Transit Police) Act 1989 No 58     Sections 38-40

          Police Integrity Commission Amendment Act 1998 No     Whole of Act
          644

          Police Integrity Commission Amendment (Records) Act   Whole of Act
          1998 No 214
          Police Legislation Amendment Act 1996 No 291          Whole of Act

          Police Legislation Amendment (Protective Security     Whole of Act
          Group) Act 1998 No 674



                                                                                 Page 83
                   Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4         Repeals




          Police Legislation Further Amendment Act 1996           Whole of Act
          No 1081

          Police Service Amendment (Alcohol and Drug Testing)     Whole of Act
          Act 1998 No 404

          Police Service Amendment (Special Risk Benefit) Act     Whole of Act
          1998 No 1034
          Ports Corporatisation and Waterways Management Act      Sections 8 (2) and 112 and
          1995 No 13                                              Schedule 4
          Presbyterian Church (Corporations) Act 1995 No 67       Sections 22 and 23
          Pre-Trial Diversion of Offenders (Amendment) Act        Whole of Act
          1993 No 71
          Printing and Newspapers Act 1973 No 46                  Section 7 (1) and Schedule
          Private Irrigation Districts Act 1973 No 47             Section 95
          Protected Disclosures Act 1994 No 92                    Section 31 and Schedule 1
          Protection of the Environment Administration Act 1991   Section 40 and Schedule 3
          No 60
          Protection of the Environment Operations Act 1997       Section 325 and Schedule 4
          No 156

          Public Authorities (Financial Arrangements)             Whole of Act
          Amendment Act 1998 No 304
          Public Defenders Act 1995 No 28                         Section 21 and Schedule 2

          Public Finance and Audit Amendment Act 1998 No 804      Whole of Act

          Public Finance and Audit Amendment (State Accounts)     Whole of Act
          Act 1998 No 1364
          Public Health Amendment (Tobacco Advertising) Act       Whole of Act
          1997 No 1291
          Public Hospitals (Hospitals Incorporation) Amendment    Whole of Act
          Act 1983 (1984 No 1)
          Public Lotteries Act 1996 No 86                         Section 85 and Schedule 1
          Public Notaries Act 1997 No 98                          Section 19 and Schedule 2
          Public Sector Management Amendment Act 1995             Whole of Act
          No 361



Page 84
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                         Schedule 4




          Public Sector Management Amendment Act 1998 No           Whole of Act
          654

          Public Sector Management Amendment (Council on the       Whole of Act
          Cost of Government) Act 1998 No 1184
          Public Servant Housing Authority (Dissolution) Act       Section 13 and Schedule 1
          1996 No 14
          Radiation Control Act 1990 No 13                         Sections 41 and 42
          Rail Safety Act 1993 No 50                               Section 101 and Schedule 3
          Registered Clubs Act 1976 No 31                          Section 74 and Schedule 1
          Registrar-General Act 1973 No 67                         Section 6 and Schedule
          Reprints Act 1972 No 48                                  Section 2 (2) and Schedule

          Residential Tenancies Amendment Act 1998 No 604          Whole of Act

          Residential Tenancies Amendment (Social Housing) Act Whole of Act
          1998 No 1264
          Revenue Laws (Reciprocal Powers) Act 1987 No 86          Section 22
          Road Improvement (Special Funding) Amendment Act         Whole of Act
          1996 No 541
          Road Transport (Heavy Vehicles Registration Charges)     Whole of Act
          Amendment Act 1997 No 1181
          Road Transport (Vehicle Registration) Act 1997 No 119 Section 33 and Schedule 2
          Roads Act 1993 No 33                                     Section 266 and Schedule 1
          Royal Commission (Police Service) Amendment Act          Whole of Act
          1994 No 751
          Rural Assistance Amendment (Board Membership) Act        Whole of Act
          1996 No 621
          Rural Fires Act 1997 No 65                               Section 138 and Schedule 4
                                                               1
          Rural Lands Protection Amendment Act 1997 No 38          Whole of Act
          Rural Reconstruction Act 1939 No 45                      Sections 2 (3), 6 (1) and 7-9
          Seat of Government Surrender (Amendment) Act 1923        Section 5
          No 31
          Security Industry Act 1997 No 157                        Section 49 and Schedule 1
          Southern Cross University Act 1993 No 69                 Section 33


                                                                                    Page 85
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4        Repeals




          Special Commissions of Inquiry Amendment Act 1997      Whole of Act
          No 841
          Sports Drug Testing Amendment Act 1997 No 1001         Whole of Act
                                                             1
          Sports Legislation (Amendment) Act 1994 No 63          Whole of Act
          State Bank (Corporatisation) Act 1989 No 195           Section 23 and Schedule 1
          State Bank (Privatisation) Act 1994 No 73              Sections 20 and 21 and
                                                                 Schedules 1 and 2
          State Coal Mines (Amendment) Act 1948 No 412           Whole of Act
                                                         2
          State Coal Mines (Amendment) Act 1959 No 14            Whole of Act
          State Development and Industries Assistance Act 1966   Sections 36-38
          No 10
          State Emergency Legislation Amendment Act 1995         Whole of Act
          No 911
          State Emergency Service Act 1989 No 164                Sections 32-35
          State Owned Corporations Act 1989 No 134               Section 37
          State Revenue Legislation Amendment Act 1995 No 172 Whole of Act
          State Revenue Legislation Amendment Act 1996 No 341 Whole of Act
          State Revenue Legislation Amendment Act 1997 No 371 Whole of Act
          State Revenue Legislation (Further Amendment) Act      Whole of Act
          1994 No 721
          State Revenue Legislation Further Amendment Act        Whole of Act
          1995 No 981
          State Revenue Legislation Further Amendment Act        Whole of Act
          1996 No 551
          State Revenue Legislation Further Amendment Act        Whole of Act
          1997 No 411
          State Revenue Legislation (Miscellaneous               Whole of Act
          Amendments) Act 1996 No 1251
          State Sports Centre Trust Amendment Act 1996 No 91     Whole of Act
          Status of Children Act 1996 No 76                      Section 38 and Schedule 1

          Statute Law (Miscellaneous Provisions) Act 1985 No     Sections 3-5 and Schedules
          231                                                    1-30



Page 86
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                    Schedule 4




          Statute Law (Miscellaneous Provisions) Act 1986       Whole of Act
          No 163

          Statute Law (Miscellaneous Provisions) Act (No 2)     Sections 3 and 4 (1) and (2)
          1986 No 218                                           (a)-(e) and Schedules 1-48

          Statute Law (Miscellaneous Provisions) Act (No 1)     Sections 3 and 4 and Schedules
          1987 No 48                                            1-30, 31 (except in relation to
                                                                the Supreme Court (Commercial
                                                                Arbitration) Amendment Act
                                                                1984) and 32 (except in relation
                                                                to the Companies Act 1961)

          Statute Law (Miscellaneous Provisions) Act 1988 No 20 Sections 3 and 4 and Schedules
                                                                1-21

          Statute Law (Miscellaneous Provisions) Act (No 2)     Section 4 and Schedules 1, 2, 3
          1988 No 92                                            (1)-(5), (6) (b) and (c) and
                                                                (7)-(10), 4-24, 26 and 27

          Statute Law (Miscellaneous Provisions) Act (No 3)     Sections 3 and 4 and Schedules
          1988 No 131                                           1-30

          Statute Law (Miscellaneous Provisions) Act 1989 No 89 Sections 3 and 4 and Schedules
                                                                1-3

          Statute Law (Miscellaneous Provisions) (No 2) Act     Sections 3 and 4, the heading
          1989 No 132                                           and the matter appearing under
                                                                the heading "Amendment",
                                                                "Amendments",
                                                                "Commencement", "Repeal of
                                                                Regulations" or "Explanatory
                                                                note" in Schedule 1 and all
                                                                matter in Schedules 2 and 3




                                                                                 Page 87
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4        Repeals




          Statute Law (Miscellaneous Provisions) Act (No 3)      Section 4, the heading and the
          1989 No 226                                            matter appearing under the
                                                                 heading "Amendment",
                                                                 "Amendments",
                                                                 "Commencement", "Repeal",
                                                                 "Repeal of regulations under
                                                                 Water Act 1912" or
                                                                 "Explanatory note" in Schedule
                                                                 1 (except in relation to
                                                                 amendments to the Children
                                                                 (Care and Protection) Act 1987
                                                                 and the Disability Services and
                                                                 Guardianship Act 1987) and all
                                                                 matter in Schedules 2 and 3

          Statute Law (Miscellaneous Provisions) Act 1990 No 46 Sections 3 and 4, the heading
                                                                and the matter appearing under
                                                                the heading "Amendment",
                                                                "Amendments",
                                                                "Commencement" or
                                                                "Explanatory note" in Schedule
                                                                1 and all matter in Schedules 2
                                                                and 3

          Statute Law (Miscellaneous Provisions) Act (No 2)      Sections 3 and 4, the heading
          1990 No 108                                            and the matter appearing under
                                                                 the heading "Amendment",
                                                                 "Amendments",
                                                                 "Commencement",
                                                                 "Explanatory note", "Repeal of
                                                                 regulations" or "Repeal of
                                                                 Regulations" in Schedule 1 and
                                                                 all matter in Schedules 2 and 3

          Statute Law (Miscellaneous Provisions) Act 1991 No 17 Sections 3 and 4, the heading
                                                                and the matter appearing under
                                                                the heading "Amendment",
                                                                "Amendments",
                                                                "Commencement", "Repeal of
                                                                regulations", "Repeal of Swine
                                                                Compensation Regulations" or
                                                                "Explanatory note" in Schedule
                                                                1 and all matter in Schedules 2
                                                                and 3




Page 88
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                      Schedule 4




          Statute Law (Miscellaneous Provisions) Act (No 2)      Section 4, the heading and the
          1991 No 94                                             matter appearing under the
                                                                 heading "AMENDMENT",
                                                                 "AMENDMENTS",
                                                                 "COMMENCEMENT",
                                                                 "REPEAL OF
                                                                 REGULATIONS" or
                                                                 "EXPLANATORY NOTE" in
                                                                 Schedule 1 (except in relation to
                                                                 amendments to the Business
                                                                 Licences Act 1990 and the
                                                                 Wesley College Incorporation
                                                                 Act 1910) and all matter in
                                                                 Schedules 2 and 3

          Statute Law (Miscellaneous Provisions) Act 1992 No 34 Sections 3 and 4, the heading
                                                                and the matter appearing under
                                                                the heading "AMENDMENT",
                                                                "AMENDMENTS",
                                                                "COMMENCEMENT",
                                                                "REPEAL OF
                                                                REGULATIONS" or
                                                                "EXPLANATORY NOTE" in
                                                                Schedules 1 and 2 and all matter
                                                                in Schedule 3

          Statute Law (Miscellaneous Provisions) Act (No 2)      Sections 3 and 4, the heading
          1992 No 57                                             and the matter appearing under
                                                                 the heading "AMENDMENT",
                                                                 "AMENDMENTS",
                                                                 "COMMENCEMENT" or
                                                                 "EXPLANATORY NOTE" in
                                                                 Schedules 1 and 2 and all matter
                                                                 in Schedule 3

          Statute Law (Miscellaneous Provisions) Act (No 3)      Sections 3 and 4, the heading
          1992 No 111                                            and the matter appearing under
                                                                 the heading "AMENDMENT",
                                                                 "AMENDMENTS",
                                                                 "COMMENCEMENT",
                                                                 "REPEAL OF REGULATION"
                                                                 or "EXPLANATORY NOTE"
                                                                 in Schedules 1 and 2 and all
                                                                 matter in Schedule 3




                                                                                  Page 89
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4        Repeals




          Statute Law (Miscellaneous Provisions) Act 1993 No 46 Sections 3 and 4, the heading
                                                                and the matter appearing under
                                                                the heading "AMENDMENT",
                                                                "AMENDMENTS",
                                                                "COMMENCEMENT",
                                                                "REPEAL" or
                                                                "EXPLANATORY NOTE" in
                                                                Schedule 1 and all matter in
                                                                Schedules 2 and 3

          Statute Law (Miscellaneous Provisions) Act (No 2)      Sections 3 and 4, the heading
          1993 No 108                                            and the matter appearing under
                                                                 the heading "AMENDMENT",
                                                                 "AMENDMENTS",
                                                                 "COMMENCEMENT" or
                                                                 "EXPLANATORY NOTE" in
                                                                 Schedule 1 and all matter in
                                                                 Schedules 2 and 3

          Statute Law (Miscellaneous Provisions) Act 1994 No 32 Sections 3 and 4, the heading
                                                                and the matter appearing under
                                                                the heading "AMENDMENT",
                                                                "AMENDMENTS",
                                                                "COMMENCEMENT",
                                                                "REPEAL" or
                                                                "EXPLANATORY NOTE" in
                                                                Schedule 1 and all matter in
                                                                Schedules 2, 3 and 4

          Statute Law (Miscellaneous Provisions) Act (No 2)      Sections 3 and 4, the heading
          1994 No 95                                             and the matter appearing under
                                                                 the heading "AMENDMENT",
                                                                 "AMENDMENTS",
                                                                 "COMMENCEMENT" or
                                                                 "EXPLANATORY NOTE" in
                                                                 Schedule 1 and all matter in
                                                                 Schedules 2, 3 and 4

          Statute Law (Miscellaneous Provisions) Act 1995 No 16 Sections 3 and 4, all amending
                                                                matter and the heading and
                                                                matter appearing under the
                                                                heading "Commencement",
                                                                "Repeal" or "Explanatory note"
                                                                in Schedule 1 and all matter in
                                                                Schedules 2-5




Page 90
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                      Schedule 4




          Statute Law (Miscellaneous Provisions) Act (No 2)     Sections 3 and 4 and Schedules
          1995 No 99                                            1-5

          Statute Law (Miscellaneous Provisions) Act 1996 No 30 Sections 3 and 4, all amending
                                                                matter and the heading and
                                                                matter appearing under the
                                                                heading "Commencement" or
                                                                "Explanatory note" in Schedules
                                                                1 and 2 and all matter in
                                                                Schedules 3-5

          Statute Law (Miscellaneous Provisions) Act (No 2)     Sections 3 and 4, all amending
          1996 No 121                                           matter and the heading and the
                                                                matter appearing under the
                                                                heading "Commencement" or
                                                                "Explanatory note" in Schedule
                                                                1 and all matter in Schedules
                                                                2-6

          Statute Law (Miscellaneous Provisions) Act 1997 No 55 Sections 3 and 4, all amending
                                                                matter and the heading and the
                                                                matter appearing under the
                                                                heading "Commencement" or
                                                                "Explanatory note" in Schedule
                                                                1 and all matter in Schedules
                                                                2-5
          Statute Law (Penalties) Act 1992 No 1121              Whole of Act
                                                1
          Statute Law (Penalties) Act 1993 No 47                Whole of Act
          Statute Law Revision (Local Government) Act 1995      Whole of Act
          No 111
          Statutory and Other Offices Remuneration Act 1975     Sections 28 and 29 and
          (1976 No 4)                                           Schedule 5
          Stock (Artificial Breeding) Act 1985 No 196           Section 44
          Stock (Chemical Residues) Amendment Act 1996          Whole of Act
          No 211
          Stock Diseases Amendment Act 1997 No 1201             Whole of Act
          Stock Diseases (Board of Tick Control) Amendment      Whole of Act
          Act 1988 No 383
          Stock Foods Amendment Act 1996 No 1051                Whole of Act
          Stock Medicines Act 1989 No 182                       Section 68


                                                                                 Page 91
                  Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4        Repeals




          Strata Schemes (Freehold Development) Act 1973         Section 159 and Schedule 3
          No 68
          Strata Schemes Management (Miscellaneous               Whole of Act
          Amendments) Act 1996 No 1391
          Subordinate Legislation Act 1989 No 146                Section 15
          Summary Offences Act 1988 No 25                        Sections 36-39
          Superannuation Administration Act 1996 No 39           Section 132 and Schedule 4
          Superannuation Legislation (Amendment) Act 1992        Whole of Act
          No 351
          Superannuation Legislation Amendment Act 1996          Whole of Act
          No 921
          Superannuation Legislation Amendment Act 1997          Whole of Act
          No 421
          Superannuation Legislation (Further Amendment) Act     Whole of Act
          1993 No 1111
          Superannuation Legislation Further Amendment Act       Whole of Act
          1997 No 1491
          Supreme Court Act 1970 No 52                           Section 7 and Second Schedule
          Supreme Court (Amendment) Act 1994 No 141              Whole of Act
          Supreme Court Procedure Act 1957 No 13                 Sections 6, 8, 11 and 13 and
                                                                 First Schedule
          Sustainable Energy Development Act 1995 No 96          Section 30 and Schedule 2
          Swimming Pools Act 1992 No 49                          Section 40 and Schedule 2
          Sydney Cricket and Sports Ground Amendment Act         Whole of Act
          1997 No 931
          Sydney Market Authority (Dissolution) Act 1997 No 62   Section 24 and Schedule 1
          Sydney Organising Committee for the Olympic Games      Sections 66-68
          Act 1993 No 67
          Sydney Organising Committee for the Olympic Games      Whole of Act
          Amendment Act 1997 No 1031
          Sydney Water Act 1994 No 88                            Sections 108-110 and
                                                                 Schedules 6-8
          Taxation Administration (Consequential Amendments)     Whole of Act
          Act 1996 No 981


Page 92
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                     Schedule 4




          Teacher Housing Authority Act 1975 No 27              Section 45 and Schedule 1
          Technical and Further Education Commission Act 1990   Section 38 and Schedule 3
          No 118
          Telecommunications (Interception) (New South Wales)   Whole of Act
          Amendment Act 1989 No 2151
          Thoroughbred Racing Board Act 1996 No 37              Section 51 and Schedule 2
          Threatened Species Conservation Act 1995 No 101       Sections 152-154 and
                                                                Schedules 4-6
          Timber Industry (Interim Protection) Amendment Act    Whole of Act
          1994 No 211
          Timber Industry (Interim Protection) Amendment Act    Whole of Act
          1995 No 741
          Timber Plantations (Harvest Guarantee) Act 1995 No 92 Sections 28 and 29
          Totalizator Act 1997 No 45                            Section 119 and Schedule 1
          Totalizator Legislation Amendment Act 1997 No 1511    Whole of Act
          Trade Measurement Administration Act 1989 No 234      Sections 29 and 30
                                                            1
          Trade Measurement (Amendment) Act 1994 No 7           Whole of Act
          Transfer of Records Act 1923 No 14                    Section 6
          Transgender (Anti-Discrimination and Other Acts       Whole of Act
          Amendment) Act 1996 No 221
          Transport Administration Amendment (Rail              Whole of Act
          Corporatisation and Restructuring) Act 1996 No 561
          Transport Employees Retirement Benefits Act 1967      Sections 66-68
          No 96
          Trans-Tasman Mutual Recognition (New South Wales)     Whole of Act
          Amendment Act 1997 No 1011
          Trustee Amendment (Discretionary Investments) Act     Whole of Act
          1997 No 1021
          Trustee Companies Amendment Act 1997 No 461           Whole of Act

          Trustee Companies Amendment (Reserve Liabilities)     Whole of Act
          Act 1998 No 374
          Trustee Companies Further Amendment Act 1997          Whole of Act
          No 531
          Tuberculosis Act 1970 No 18                           Section 4

                                                                                 Page 93
                   Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 4         Repeals




           Unclaimed Money Act 1995 No 75                               Section 52 and Schedule 1
           Uranium Mining and Nuclear Facilities (Prohibitions)         Sections 14 and 15
           Act 1986 No 194
           Valuers Registration Act 1975 No 92                          Section 31
           Very Fast Train (Route Investigation) Act 1989 No 44         Section 23
           Victims Compensation Act 1996 No 115                         Section 91 and Schedule 4
           Victims Rights Act 1996 No 114                               Section 17 and Schedule 2
           Vocational Education and Training Accreditation Act          Section 34
           1990 No 120
           Vocational Education and Training Accreditation              Whole of Act
           (Amendment) Act 1993 No 861
           Walker Trusts Amendment Act 1997 No 1171                     Whole of Act
           Waste Minimisation and Management Act 1995 No 102            Section 89 and Schedule 6
           Water Amendment (Charges) Act 1996 No 471                    Whole of Act
           Water and Environmental Planning Legislation                 Whole of Act
           Amendment Act 1997 No 631
           Wheat Marketing Act 1989 No 2115                             Whole of Act
           Witness Protection Act 1995 No 87                            Section 45
                                                            1
           Women's College Amendment Act 1997 No 13                     Whole of Act
                                                                  1
           WorkCover Legislation Amendment Act 1995 No 89               Whole of Act
           Workmen's Compensation (Lead Poisoning--Broken               Whole of Act
           Hill) Amendment Act 1924 No 263
           Young Offenders Act 1997 No 54                               Section 74 and Schedule 2
           Zoological Parks Board Act 1973 No 34                        Section 40 and Schedule 2


       Key
       1
              indicates repeal of an Act that was assented to at least 2 years ago and that contains
              only amendments
       2
              indicates repeal of an Act that was assented to at least 2 years ago and that contains
              only amendments and spent provisions
       3
              indicates repeal of an amending Act whose savings, transitional or other provisions
              of ongoing effect are transferred to, or re-enacted in, the Principal Act (by Schedule
              3 to this Act)



Page 94
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Repeals                                                                                   Schedule 4



       4
            indicates repeal of a recent amending Act that contains no substantive provision that
            needs to be retained, where the amendments made by the Act have been
            incorporated in a paper reprint of the Act amended
       5
            indicates repeal of an Act that is no longer of practical utility
       Explanatory note
       The repeals are explained in detail in the Explanatory note relating to this Act. In relation to the
       repeal of amending Acts, it should be noted that the Acts are repealed simply to rationalise the
       legislation in force and that the repeals have no substantive effect on the amendments made
       by the Acts or any associated provisions. The Acts that were amended by the Acts or
       provisions being repealed are up-to-date on the Legislation Database maintained by the
       Parliamentary Counsel's Office and are available electronically.
       Section 30 (2) of the Interpretation Act 1987 ensures that, when an Act is amended or
       repealed, no amendment made by the Act is affected. Section 30 (2) also ensures that the
       following matters are not affected:
       (a) the proof of any past act or thing,
       (b) any right, privilege, obligation or liability saved by the operation of the Act,
       (c) any validation made by the Act,
       (d) the operation of any savings or transitional provision contained in the Act.




                                                                                                Page 95
                    Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Schedule 5          General savings, transitional and other provisions




Schedule 5              General savings, transitional and other
                        provisions
                                                                                            (Section 5)

   1     Effect of amendment of amending provisions
         (1) An amendment made by Schedule 1 or 2 to an amending provision
             contained in an Act is, if the amending provision has commenced before
             the date of assent to this Act, taken to have effect as from the
             commencement of the amending provision.
         (2) In this clause:
             amending provision means a provision of an Act, or of any other
             instrument, being a provision that has commenced and that makes a direct
             amendment to an Act by:
             (a)     the repeal or omission of matter contained in the amended Act
                     without the insertion of any matter instead of the repealed or
                     omitted matter, or
             (b)     the omission of matter contained in the amended Act and the
                     insertion of matter instead of the omitted matter, or
             (c)     the insertion into the amended Act of matter, not being matter
                     inserted instead of matter omitted from the Act,
               whether the provision was enacted before or after the commencement of
               the Reprints Act 1972.
Explanatory note
This clause ensures that certain amendments, including amendments correcting errors in the technical
provisions (for example, headings indicating the section to be amended or directions as to where a new
section is to be inserted) and rectifying minor drafting errors (for example, corrections in numbering of
provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of
omitted matter), will commence on the date the amendments to which they relate commenced.

   2     Effect of amendment or repeal on acts done or decisions made
               Except where it is expressly provided to the contrary, if this Act:
               (a)    amends a provision of an Act, or
               (b)    repeals and re-enacts (with or without modification) a provision of
                      an Act,
               any act done or decision made under the provision amended or repealed
               has effect after the amendment or repeal as if it had been done or made
               under the provision as so amended or repealed.
Explanatory note
This clause ensures that the amendment or repeal of a provision will not, unless expressly otherwise
provided, vitiate any act done or decision made under the provision as in force before the amendment
or repeal.

Page 96
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

General savings, transitional and other provisions                                        Schedule 5




   3     Effect of amendment on regulations
                Except where expressly provided to the contrary, any regulation made
                under an Act amended by this Act, and in force immediately before the
                commencement of the amendment, is taken to have been made under the
                Act as amended.
Explanatory note
This clause ensures that, unless expressly provided, any regulation made under an Act amended by the
proposed Act, and in force immediately before the commencement of the amendment, will be taken to
have been made under the amended Act.

   4     Regulations
         (1) The Governor may make regulations containing provisions of a savings or
             transitional nature consequent on the enactment of this Act.
         (2) Any such provision may, if the regulations so provide, take effect from the
             date of assent to this Act or a later date.
         (3) To the extent to which any such provision takes effect from a date that is
             earlier than the date of its publication in the Gazette, the provision does not
             operate so as:
             (a)      to affect, in a manner prejudicial to any person (other than the State
                      or an authority of the State), the rights of that person existing
                      before the date of its publication, or
             (b)      to impose liabilities on any person (other than the State or an
                      authority of the State) in respect of anything done or omitted to be
                      done before the date of its publication.
Explanatory note
This clause enables the making of regulations of a savings or transitional nature having a short term
effect and relating to incidental matters arising out of the proposed Act with regard to which no specific,
or sufficient, provision has been made in the Act.




                                                                                                Page 97
                Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Notes




Notes
Index of Acts amended, or partially repealed, by Schedules 1-4
Aboriginal Land Rights Act 1983 No 42--Schedule 4
Accommodation Levy Act 1997 No 32--Schedule 4
Administration of Justice Act 1968 No 3--Schedule 4
Administrative Decisions Legislation Amendment Act 1997 No 77--Schedule 2
Administrative Decisions Tribunal Act 1997 No 76--Schedule 2
Adoption Information Act 1990 No 63--Schedule 4
Agricultural and Veterinary Chemicals (New South Wales) Act 1994 No
53--Schedule 4
Air Transport Act 1964 No 36--Schedule 4
Ambulance Services Act 1990 No 16--Schedule 4
Animals Act 1977 No 25--Schedule 4
Associations Incorporation Act 1984 No 143--Schedule 1
Attachment of Wages Limitation Act 1957 No 28--Schedule 4
Australian Mutual Provident Society (Demutualisation and Reconstruction) Act 1997
No 56--Schedule 4
Banana Industry Act 1987 No 66--Schedules 1 and 4
Bank Mergers Act 1996 No 130--Schedule 4
Banking (Interpretation of References) Act 1959 No 32--Schedule 4
Bicentennial Park Trust Act 1987 No 29--Schedule 4
Births, Deaths and Marriages Registration Act 1995 No 62--Schedule 4
Board of Adult and Community Education Act 1990 No 119--Schedule 1
Board of Vocational Education and Training Act 1994 No 33--Schedules 1 and 4
Broken Hill Trades Hall Site Extension Act 1915 No 42--Schedule 4
Business Franchise Licences (Repeal) Act 1997 No 109--Schedule 4
Catchment Management Act 1989 No 235--Schedule 4
Charitable Fundraising Act 1991 No 69--Schedule 4
Charitable Trusts Act 1993 No 10--Schedule 1
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 2
Children (Community Service Orders) Act 1987 No 56--Schedule 2

Page 98
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

                                                                     Notes




Children (Detention Centres) Act 1987 No 57--Schedule 1
Children (Interstate Transfer of Offenders) Act 1988 No 85--Schedules 1 and 4
Chiropractors and Osteopaths Act 1991 No 7--Schedule 4
City of Sydney Act 1988 No 48--Schedule 4
Classification (Publications, Films and Computer Games) Act 1995 No 63--Schedule 4
Coal Ownership (Restitution) Act 1990 No 19--Schedule 4
Commercial Vessels Act 1979 No 41--Schedule 2
Community Services (Complaints, Reviews and Monitoring) Act 1993 No
2--Schedule 4
Consumer Credit Administration Act 1995 No 69--Schedules 2 and 4
Contaminated Land Management Act 1997 No 140--Schedules 2 and 4
Conveyancers Licensing Act 1995 No 57--Schedule 4
Conveyancing Act 1919 No 6--Schedule 4
Coomealla Irrigation Area Deep Drainage (Repeal) Act 1979 No 162--Schedule 4
Co-operatives Act 1992 No 18--Schedule 4
Corporations (New South Wales) Act 1990 No 83--Schedule 4
Costs in Criminal Cases Act 1967 No 13--Schedule 4
Credit Act 1984 No 94--Schedule 2
Crimes Act 1900 No 40--Schedule 2
Criminal Assets Recovery Act 1990 No 23--Schedules 1 and 4
Criminal Procedure Act 1986 No 209--Schedule 2
Crown Lands Act 1989 No 6--Schedule 1
Crown Lands (Amendment) Act 1932 No 69--Schedule 4
Crown Proceedings Act 1988 No 70--Schedule 4
Dams Safety Act 1978 No 96--Schedule 1
Dangerous Goods Act 1975 No 68--Schedules 2 and 4
Debits Tax Act 1990 No 112--Schedule 4
Decimal Currency Act 1965 No 33--Schedule 4
Defamation Act 1974 No 18--Schedules 2 and 4
Dental Technicians Registration Act 1975 No 40--Schedule 4
Disability Services Act 1993 No 3--Schedule 4

                                                                          Page 99
                Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Notes




District Court Act 1973 No 9--Schedule 4
Dividing Fences Act 1991 No 72--Schedule 4
Drainage Act 1939 No 29--Schedule 4
Driving Instructors Act 1992 No 3--Schedule 4
Dust Diseases Tribunal Act 1989 No 63--Schedule 4
Duties Act 1997 No 123--Schedules 2 and 4
Education Act 1990 No 8--Schedule 4
Election Funding Act 1981 No 78--Schedule 2
Electricity Commission (Balmain Electric Light Company Purchase) Act 1950 No
40--Schedule 4
Electricity Commission (Transfer of Reticulation Works) Act 1957 No 43--Schedule 4
Electricity Safety Act 1945 (1946 No 13)--Schedule 2
Electricity Supply Act 1995 No 94--Schedules 1 and 2
Energy Services Corporations Act 1995 No 95--Schedule 4
Entertainment Industry Act 1989 No 230--Schedule 4
Environmental Planning and Assessment Act 1979 No 203--Schedule 2
Environmentally Hazardous Chemicals Act 1985 No 14--Schedule 2
Evidence (Children) Act 1997 No 143--Schedule 4
Evidence (Consequential and Other Provisions) Act 1995 No 27--Schedule 4
Exotic Diseases of Animals Act 1991 No 73--Schedule 4
Factories, Shops and Industries Act 1962 No 43--Schedule 2
Fair Trading Act 1987 No 68--Schedules 2 and 4
Fair Trading Tribunal Act 1998 No 161--Schedule 1
Farm Produce (Repeal) Act 1996 No 134--Schedule 4
Finances Adjustment (Further Provisions) Act 1932 No 64--Schedule 4
Financial Agreement Act 1994 No 71--Schedule 4
Financial Agreement (Amendment) Act 1976 No 35--Schedule 4
Financial Agreement (Decimal Currency) Act 1966 No 39--Schedule 4
Fines Act 1996 No 99--Schedules 1, 2 and 4
Fire Brigades Act 1989 No 192--Schedule 4
Firearms Act 1996 No 46--Schedule 4

Page 100
Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

                                                                   Notes




First State Superannuation Act 1992 No 100--Schedule 4
Fish Marketing Act 1994 No 37--Schedule 4
Fisheries Management Act 1994 No 38--Schedules 1, 2 and 4
Fluoridation of Public Water Supplies Act 1957 No 58--Schedule 2
Food Act 1989 No 231--Schedule 4
Food Production (Safety) Act 1998 No 128--Schedule 2
Forestry Act 1916 No 55--Schedule 3
Freedom of Information Act 1989 No 5--Schedule 4
Gas Industry Restructuring Act 1986 No 213--Schedule 2
Gas Supply Act 1996 No 38--Schedule 2
Geographical Names Act 1966 No 13--Schedule 4
Government Insurance Office (Privatisation) Act 1991 No 38--Schedule 4
Government Telecommunications Act 1991 No 77--Schedule 4
Grain Marketing Act 1991 No 15--Schedule 4
Guardianship Act 1987 No 257--Schedule 1
Habitual Criminals Act 1957 No 19--Schedule 4
Health Administration Act 1982 No 135--Schedule 2
Health Services Act 1997 No 154--Schedules 2 and 4
Higher Education (Amalgamation) Act 1989 No 65--Schedule 4
Home Building Act 1989 No 147--Schedule 4
Home Care Service Act 1988 No 6--Schedule 4
Home Purchase Assistance Authority Act 1993 No 15--Schedule 4
HomeFund Commissioner Act 1993 No 9--Schedule 4
HomeFund Restructuring Act 1993 No 112--Schedule 4
Horticultural Stock and Nurseries Act 1969 No 3--Schedule 4
Housing Act 1912 No 7--Schedules 3 and 4
Housing Act 1985 No 163--Schedule 3
Hunter Water Act 1991 No 53--Schedules 2 and 4
Impounding Act 1993 No 31--Schedule 4
Independent Commission Against Corruption Act 1988 No 35--Schedule 4
Industrial Relations Act 1996 No 17--Schedule 4

                                                                         Page 101
                Statute Law (Miscellaneous Provisions) Bill (No 2) 1999

Notes




Innovation Council Act 1996 No 77--Schedule 4
Institute of Sport Act 1995 No 52--Schedule 4
Internal Audit Bureau Act 1992 No 20--Schedule 4
Interpretation Act 1987 No 15--Schedules 1 and 4
Irrigation Act 1912 No 73--Schedule 2
Irrigation Corporations Act 1994 No 41--Schedule 2
Judges' Pensions Act 1953 No 41--Schedule 4
Jury Act 1977 No 18--Schedule 4

 


 

ake Illawarra Authority Act 1987 No 285--Schedule 4

 


 

and Acquisition (Charitable Institutions) Act 1946 No 55--Schedule 4

 


 

and Acquisition (Just Terms Compensation) Act 1991 No 22--Schedule 4

 


 

and Development Contribution Management Act 1970 No 22--Schedule 4

 


 

aw Reform (Law and Equity) Act 1972 No 28--Schedule 4

 


 

aw Reform (Miscellaneous Provisions) Act 1965 No 32--Schedule 4

 


 

ibrary Act 1939 No 40--Schedule 4

 


 

imitation Act 1969 No 31--Schedule 4

 


 

iquor Act 1982 No 147--Schedules 1 and 2

 


 

iquor (Repeals and Savings) Act 1982 No 148--Schedule 4

 


 

ocal Government Act 1993 No 30--Schedule 2

 


 

ocal Government (City of Sydney Boundaries) Act 1967 No 48--Schedule 4

 


 

ong Service Leave Act 1955 No 38--Schedules 3 and 4

 


 

ord Howe Island Act 1953 No 39--Schedule 3 Macquarie University Act 1989 No 126--Schedule 1 Marine Parks Act 1997 No 64--Schedules 2 and 4 Meat Industry Act 1978 No 54--Schedules 1 and 2 Meat Industry Amendment Act 1998 No 129--Schedule 2 Medical Practice Act 1992 No 94--Schedules 2 and 4 Mines Inspection Act 1901 No 75--Schedule 2 Mines Rescue Act 1994 No 13--Schedule 4 Mining Act 1992 No 29--Schedule 4 Minors (Property and Contracts) Act 1970 No 60--Schedule 4 Page 102 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Motor Accidents Act 1988 No 102--Schedule 2 Motor Accidents Compensation Act 1999 No 41--Schedule 2 Motor Dealers Act 1974 No 52--Schedules 2 and 4 Motor Vehicles (Third Party Insurance) Act 1942 No 15--Schedule 4 Murray-Darling Basin Act 1992 No 65--Schedule 2 Murrumbidgee Irrigation Areas Occupiers Relief Act 1934 No 52--Schedule 4 National Electricity (New South Wales) Act 1997 No 20--Schedule 4 National Parks and Wildlife Act 1974 No 80--Schedules 1, 3 and 4 National Trust of Australia (New South Wales) Act 1990 No 92--Schedule 4 Native Title (New South Wales) Act 1994 No 45--Schedule 4 Native Vegetation Conservation Act 1997 No 133--Schedules 2 and 4 New South Wales Cancer Council Act 1995 No 43--Schedule 4 New South Wales Lotteries Corporatisation Act 1996 No 85--Schedule 4 New South Wales Retirement Benefits Act 1972 No 70--Schedule 4 Non-Indigenous Animals Act 1987 No 166--Schedule 4 Notice of Action and Other Privileges Abolition Act 1977 No 19--Schedule 4 Noxious Weeds Act 1993 No 11--Schedule 4 NSW Grain Corporation Holdings Limited Act 1992 No 31--Schedule 4 Occupational Health and Safety Act 1983 No 20--Schedule 4 Olympic Co-ordination Authority Act 1995 No 10--Schedule 4 Ombudsman Act 1974 No 68--Schedule 4 Optical Dispensers Act 1963 No 35--Schedule 2 Ozone Protection Act 1989 No 208--Schedule 4 Parliamentary Precincts Act 1997 No 66--Schedule 4 Parliamentary Remuneration Act 1989 No 160--Schedule 4 Passenger Transport Act 1990 No 39--Schedules 2 and 4 Pawnbrokers and Second-hand Dealers Act 1996 No 13--Schedule 4 Pesticides Act 1978 No 57--Schedule 2 Petroleum (Onshore) Act 1991 No 84--Schedule 4 Petroleum (Submerged Lands) Act 1982 No 23--Schedules 3 and 4 Physiotherapists Registration Act 1945 No 9--Schedule 2 Page 103 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Poisons and Therapeutic Goods Act 1966 No 31--Schedules 2 and 4 Police Department (Transit Police) Act 1989 No 58--Schedule 4 Police Integrity Commission Act 1996 No 28--Schedule 1 Ports Corporatisation and Waterways Management Act 1995 No 13--Schedule 4 Presbyterian Church (Corporations) Act 1995 No 67--Schedule 4 Printing and Newspapers Act 1973 No 46--Schedule 4 Private Hospitals and Day Procedure Centres Act 1988 No 123--Schedule 2 Private Irrigation Districts Act 1973 No 47--Schedule 4 Protected Disclosures Act 1994 No 92--Schedule 4 Protection of the Environment Administration Act 1991 No 60--Schedule 4 Protection of the Environment Operations Act 1997 No 156--Schedules 2 and 4 Public Defenders Act 1995 No 28--Schedule 4 Public Health Act 1991 No 10--Schedule 2 Public Lotteries Act 1996 No 86--Schedule 4 Public Notaries Act 1997 No 98--Schedule 4 Public Servant Housing Authority (Dissolution) Act 1996 No 14--Schedule 4 Radiation Control Act 1990 No 13--Schedule 4 Rail Safety Act 1993 No 50--Schedule 4 Registered Clubs Act 1976 No 31--Schedules 2 and 4 Registrar-General Act 1973 No 67--Schedule 4 Reprints Act 1972 No 48--Schedule 4 Residential Parks Act 1998 No 142--Schedules 1 and 2 Residential Tenancies Act 1987 No 26--Schedule 2 Revenue Laws (Reciprocal Powers) Act 1987 No 86--Schedules 2 and 4 Rivers and Foreshores Improvement Act 1948 No 20--Schedule 2 Road and Rail Transport (Dangerous Goods) Act 1997 No 113--Schedule 2 Road Transport (Vehicle Registration) Act 1997 No 119--Schedule 4 Roads Act 1993 No 33--Schedule 4 Rural Fires Act 1997 No 65--Schedule 4 Rural Lands Protection Act 1998 No 143--Schedule 2 Rural Reconstruction Act 1939 No 45--Schedule 4 Page 104 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Search Warrants Act 1985 No 37--Schedule 2 Seat of Government Surrender (Amendment) Act 1923 No 31--Schedule 4 Security Industry Act 1997 No 157--Schedule 4 Snowy Hydro Corporatisation Act 1997 No 99--Schedule 2 Soil Conservation Act 1938 No 10--Schedule 2 Southern Cross University Act 1993 No 69--Schedules 1 and 4 State Bank (Corporatisation) Act 1989 No 195--Schedule 4 State Bank (Privatisation) Act 1994 No 73--Schedule 4 State Development and Industries Assistance Act 1966 No 10--Schedule 4 State Emergency Service Act 1989 No 164--Schedule 4 State Owned Corporations Act 1989 No 134--Schedule 4 Status of Children Act 1996 No 76--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1985 No 231--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 2) 1986 No 218--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 1) 1987 No 48--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1988 No 20--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 2) 1988 No 92--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 3) 1988 No 131--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1989 No 89--Schedule 4 Statute Law (Miscellaneous Provisions) (No 2) Act 1989 No 132--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 3) 1989 No 226--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1990 No 46--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 2) 1990 No 108--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1991 No 17--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 2) 1991 No 94--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1992 No 34--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 2) 1992 No 57--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 3) 1992 No 111--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1993 No 46--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 2) 1993 No 108--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1994 No 32--Schedule 4 Page 105 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Statute Law (Miscellaneous Provisions) Act (No 2) 1994 No 95--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1995 No 16--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 2) 1995 No 99--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1996 No 30--Schedule 4 Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1997 No 55--Schedule 4 Statute Law (Miscellaneous Provisions) Act 1999 No 31--Schedule 2 Statutory and Other Offices Remuneration Act 1975 (1976 No 4)--Schedules 1 and 4 Stock (Artificial Breeding) Act 1985 No 196--Schedule 4 Stock (Chemical Residues) Act 1975 No 26--Schedule 2 Stock Diseases Act 1923 No 34--Schedule 3 Stock Foods Act 1940 No 19--Schedule 1 Stock Medicines Act 1989 No 182--Schedules 2 and 4 Strata Schemes (Freehold Development) Act 1973 No 68--Schedule 4 Subordinate Legislation Act 1989 No 146--Schedule 4 Summary Offences Act 1988 No 25--Schedule 4 Superannuation Administration Act 1996 No 39--Schedule 4 Supreme Court Act 1970 No 52--Schedules 2 and 4 Supreme Court Procedure Act 1957 No 13--Schedule 4 Sustainable Energy Development Act 1995 No 96--Schedule 4 Swimming Pools Act 1992 No 49--Schedule 4 Sydney Harbour Foreshore Authority Act 1998 No 170--Schedule 1 Sydney Market Authority (Dissolution) Act 1997 No 62--Schedule 4 Sydney Organising Committee for the Olympic Games Act 1993 No 67--Schedule 4 Sydney Water Act 1994 No 88--Schedules 2 and 4 Sydney Water Catchment Management Act 1998 No 171--Schedule 2 Taxation Administration Act 1996 No 97--Schedule 2 Teacher Housing Authority Act 1975 No 27--Schedule 4 Technical and Further Education Commission Act 1990 No 118--Schedule 4 Thoroughbred Racing Board Act 1996 No 37--Schedule 4 Threatened Species Conservation Act 1995 No 101--Schedules 2 and 4 Page 106 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Timber Marketing Act 1977 No 72--Schedule 2 Timber Plantations (Harvest Guarantee) Act 1995 No 92--Schedule 4 Totalizator Act 1997 No 45--Schedule 4 Trade Measurement Administration Act 1989 No 234--Schedule 4 Transfer of Records Act 1923 No 14--Schedule 4 Transport Administration Act 1988 No 109--Schedule 2 Transport Employees Retirement Benefits Act 1967 No 96--Schedule 4 Trustee Companies Act 1964 No 6--Schedule 2 Tuberculosis Act 1970 No 18--Schedule 4 Unclaimed Money Act 1995 No 75--Schedule 4 University of Newcastle Act 1989 No 68--Schedule 1 Unlawful Gambling Act 1998 No 113--Schedule 1 Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 No 194--Schedule 4 Valuers Registration Act 1975 No 92--Schedule 4 Very Fast Train (Route Investigation) Act 1989 No 44--Schedules 2 and 4 Victims Compensation Act 1996 No 115--Schedule 4 Victims Rights Act 1996 No 114--Schedule 4 Vocational Education and Training Accreditation Act 1990 No 120--Schedule 4 Waste Minimisation and Management Act 1995 No 102--Schedules 1, 2 and 4 Water Act 1912 No 44--Schedule 2 Water Supply Authorities Act 1987 No 140--Schedule 2 Witness Protection Act 1995 No 87--Schedule 4 Workmen's Compensation (Lead Poisoning--Broken Hill) Act 1922 No 31--Schedule 3 Workplace Injury Management and Workers Compensation Act 1998 No 86--Schedule 2 Young Offenders Act 1997 No 54--Schedule 4 Zoological Parks Board Act 1973 No 34--Schedule 4 Page 107 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Index of Acts wholly repealed by Schedule 4 Adoption Information Amendment Act 1995 No 61 Air Transport (Amendment) Act 1987 No 112 AJC Principal Club Amendment Act 1997 No 24 Animal Research Amendment Act 1997 No 25 Annual Holidays Amendment Act 1997 No 26 Anti-Discrimination (Compulsory Retirement) Amendment Act 1990 No 99 Appropriation Act 1997 No 31 Appropriation Act 1998 No 74 Appropriation (Parliament) Act 1997 No 33 Appropriation (Parliament) Act 1998 No 75 Appropriation (Refunds and Subsidies) Act 1997 No 108 Appropriation (Special Offices) Act 1997 No 34 Appropriation (Special Offices) Act 1998 No 76 Appropriation (1996-97 Budget Variations) Act 1997 No 35 Appropriation (1997-98 Budget Variations) Act 1998 No 77 Appropriation (1997-98 Budget Variations) Act (No 2) 1998 No 135 Bail Amendment Act 1998 No 108 Baptist Churches of New South Wales Property Trust (Amendment) Act 1992 No 76 Bread Repeal Act 1996 No 3 Building Services Corporation Legislation Amendment Act 1996 No 122 Business Franchise Licences (Tobacco) Amendment Act 1996 No 119 Casino Control Amendment Act 1997 No 137 Cattle Compensation (Amendment) Act 1993 No 21 Centennial Park and Moore Park Trust (Royal Easter Show) Amendment Act 1993 No 43 Civil Aviation (Carriers' Liability) Amendment Act 1996 No 70 Coal Acquisition (Amendment) Act 1990 No 20 Coal Acquisition Amendment Act 1997 No 22 Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1994 No 1 Coal Industry Amendment Act 1995 No 19 Page 108 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Commonwealth Powers (Family Law--Children) Amendment Act 1996 No 60 Companies and Securities Legislation (Amendment) Act 1989 No 131 Constitution and Parliamentary Electorates and Elections Amendment Act 1997 No 88 Conveyancing Amendment Act 1997 No 17 Courts Legislation Amendment Act 1996 No 111 Courts Legislation (Contempt) Amendment Act 1991 No 71 Courts Legislation Further Amendment Act 1995 No 88 Courts Legislation Further Amendment Act 1997 No 141 Crimes Amendment (Child Pornography) Act 1997 No 142 Crimes Legislation Amendment Act 1997 No 85 Criminal Procedure Amendment (Sentencing Guidelines) Act 1998 No 159 Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111 Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67 District Court Amendment Act 1997 No 58 Duties Amendment (Managed Investments) Act 1998 No 63 Education Reform Amendment (Board Inspectors) Act 1997 No 7 Education Reform Amendment (School Discipline) Act 1995 No 93 Electricity Legislation Amendment Act 1995 No 18 Electricity Legislation Amendment (Wholesale Electricity Market) Act 1997 No 21 Electricity Supply Amendment Act 1997 No 36 Electricity Supply Amendment (Transmission Operator's Levy) Act 1998 No 78 Emergency Legislation Amendment (Offences) Act 1996 No 89 Energy Legislation (Miscellaneous Amendments) Act 1994 No 82 Entertainment Industry (Interim Council) Amendment Act 1993 No 17 Environmental Legislation Amendment (Enforcement) Act 1996 No 101 Environmental Planning and Assessment Amendment Act 1997 No 152 Environmental Planning and Assessment (Part 5) Amendment Act 1993 No 93 Environmental Planning and Water Legislation Amendment Act 1996 No 31 Fair Trading Legislation Amendment Act 1997 No 82 Page 109 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Farm Debt Mediation Amendment Act 1996 No 106 Film Industry Amendment Act 1996 No 82 Financial Institutions (Miscellaneous Amendments) Act 1996 No 24 Fines Amendment Act 1997 No 121 Fines Amendment Act 1998 No 35 Fire Brigades Amendment Act 1997 No 27 Fish Marketing Amendment (Deregulation) Act 1997 No 10 Fisheries Management Amendment Act 1997 No 153 Forestry (Amendment) Act 1924 No 67 Forestry (Amendment) Act 1978 No 101 Forestry, Conservation Authority of New South Wales and Other Acts (Amendment) Act 1972 No 61 Gaming and Betting (Amendment) Act 1985 No 60 Gaming and Betting Amendment (Betting Auditoriums) Act 1996 No 66 Gaming and Betting Amendment (Racing) Act 1995 No 51 Gas Industry Restructuring Amendment (Customer Contracts) Act 1997 No 59 Gas Supply Amendment Act 1997 No 104 Government Insurance Office (Privatisation) Amendment Act 1992 No 14 Guardianship (Amendment) Act 1993 No 26 Guardianship Amendment Act 1997 No 49 Guardianship Amendment Act 1998 No 7 Harness Racing Legislation Amendment Act 1996 No 90 Health Legislation Amendment Act 1995 No 9 Health Legislation Amendment Act 1997 No 87 Higher Education (Amalgamation) Amendment Act 1993 No 70 Home Building Amendment Act 1998 No 56 Home Purchase Assistance Authority (Amendment) Act 1993 No 92 Housing (Amendment) Act 1982 No 121 Inclosed Lands Protection Amendment Act 1997 No 97 Independent Commission Against Corruption Amendment (Codes of Conduct) Act 1996 No 73 Page 110 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Investigative Bodies Legislation Amendment Act 1997 No 60 Justices Amendment (Procedure) Act 1997 No 107

 


 

andlord and Tenant (Amendment) Act 1968 No 58

 


 

egal Aid Commission Amendment Act 1996 No 94

 


 

egal Aid Commission Amendment Act 1997 No 50

 


 

egal Profession Amendment (National Practising Certificates) Act 1996 No 113

 


 

egal Profession Reform Act 1993 No 87

 


 

imitation (Amendment) Act 1993 No 95

 


 

iquor and Registered Clubs Legislation Amendment (Monitoring and Links) Act 1997 No 44

 


 

ocal Government Amendment Act 1996 No 69

 


 

ocal Government Amendment Act 1998 No 16

 


 

ocal Government Amendment (Ecologically Sustainable Development) Act 1997 No 94

 


 

ocal Government Amendment (Meetings) Act 1998 No 39

 


 

ocal Government (Further Amendment) Act 1980 No 141

 


 

ocal Government Legislation (Miscellaneous Amendments) Act 1994 No 44

 


 

ong Service Leave (Amendment) Act 1963 No 13

 


 

ong Service Leave (Amendment) Act 1985 No 54

 


 

ord Howe Island (Amendment) Act 1981 No 50

 


 

una Park Site Amendment Act 1997 No 105 Marketing of Primary Products Amendment Act 1995 No 42 Marketing of Primary Products Amendment (Marketing Orders) Act 1997 No 126 Marketing of Primary Products Amendment (Rice Marketing Board) Act 1998 No 23 Marketing of Primary Products Amendment (Wine Grapes Marketing Board) Act 1997 No 125 Mental Health Legislation Amendment Act 1997 No 28 Mine Subsidence Compensation (Amendment) Act 1994 No 4 Mining Legislation Amendment Act 1996 No 137 Miscellaneous Acts (Crown and Other Roads) Amendment Act 1990 No 55 Motor Accidents (Amendment) Act 1994 No 27 Motor Accidents Amendment (Board of Directors) Act 1997 No 91 Page 111 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Motor Vehicles (Third Party Insurance) Amendment Act 1993 No 16 National Parks and Wildlife Amendment Act 1996 No 58 National Parks and Wildlife Amendment (Abercrombie, Jenolan and Wombeyan Karst Conservation Reserves) Act 1997 No 2 National Parks and Wildlife Amendment (Game Birds Protection) Act 1995 No 60 National Parks and Wildlife (Emu Licence) Amendment Act 1993 No 78 New South Wales Crime Commission Amendment Act 1996 No 104 New South Wales--Queensland Border Rivers (Amendment) Act 1993 No 36 Newcastle Gas Company Limited Act 1971 No 26 Non-Indigenous Animals Amendment Act 1996 No 23 Oaths Amendment Act 1996 No 83 Parliamentary Committees Enabling Amendment Act 1997 No 71 Passenger Transport Amendment Act 1997 No 72 Perpetuities (Amendment) Act 1991 No 57 Petroleum (Submerged Lands) Further Amendment Act 1991 No 85 Poisons Amendment (Therapeutic Goods) Act 1996 No 2 Police and Superannuation Legislation (Amendment) Act 1990 No 48 Police Integrity Commission Amendment Act 1998 No 64 Police Integrity Commission Amendment (Records) Act 1998 No 21 Police Legislation Amendment Act 1996 No 29 Police Legislation Amendment (Protective Security Group) Act 1998 No 67 Police Legislation Further Amendment Act 1996 No 108 Police Service Amendment (Alcohol and Drug Testing) Act 1998 No 40 Police Service Amendment (Special Risk Benefit) Act 1998 No 103 Pre-Trial Diversion of Offenders (Amendment) Act 1993 No 7 Public Authorities (Financial Arrangements) Amendment Act 1998 No 30 Public Finance and Audit Amendment Act 1998 No 80 Public Finance and Audit Amendment (State Accounts) Act 1998 No 136 Public Health Amendment (Tobacco Advertising) Act 1997 No 129 Public Hospitals (Hospitals Incorporation) Amendment Act 1983 (1984 No 1) Public Sector Management Amendment Act 1995 No 36 Page 112 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Public Sector Management Amendment Act 1998 No 65 Public Sector Management Amendment (Council on the Cost of Government) Act 1998 No 118 Residential Tenancies Amendment Act 1998 No 60 Residential Tenancies Amendment (Social Housing) Act 1998 No 126 Road Improvement (Special Funding) Amendment Act 1996 No 54 Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997 No 118 Royal Commission (Police Service) Amendment Act 1994 No 75 Rural Assistance Amendment (Board Membership) Act 1996 No 62 Rural Lands Protection Amendment Act 1997 No 38 Special Commissions of Inquiry Amendment Act 1997 No 84 Sports Drug Testing Amendment Act 1997 No 100 Sports Legislation (Amendment) Act 1994 No 63 State Coal Mines (Amendment) Act 1948 No 41 State Coal Mines (Amendment) Act 1959 No 14 State Emergency Legislation Amendment Act 1995 No 91 State Revenue Legislation Amendment Act 1995 No 17 State Revenue Legislation Amendment Act 1996 No 34 State Revenue Legislation Amendment Act 1997 No 37 State Revenue Legislation (Further Amendment) Act 1994 No 72 State Revenue Legislation Further Amendment Act 1995 No 98 State Revenue Legislation Further Amendment Act 1996 No 55 State Revenue Legislation Further Amendment Act 1997 No 41 State Revenue Legislation (Miscellaneous Amendments) Act 1996 No 125 State Sports Centre Trust Amendment Act 1996 No 9 Statute Law (Miscellaneous Provisions) Act 1986 No 16 Statute Law (Penalties) Act 1992 No 112 Statute Law (Penalties) Act 1993 No 47 Statute Law Revision (Local Government) Act 1995 No 11 Stock (Chemical Residues) Amendment Act 1996 No 21 Stock Diseases Amendment Act 1997 No 120 Page 113 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Stock Diseases (Board of Tick Control) Amendment Act 1988 No 38 Stock Foods Amendment Act 1996 No 105 Strata Schemes Management (Miscellaneous Amendments) Act 1996 No 139 Superannuation Legislation (Amendment) Act 1992 No 35 Superannuation Legislation Amendment Act 1996 No 92 Superannuation Legislation Amendment Act 1997 No 42 Superannuation Legislation (Further Amendment) Act 1993 No 111 Superannuation Legislation Further Amendment Act 1997 No 149 Supreme Court (Amendment) Act 1994 No 14 Sydney Cricket and Sports Ground Amendment Act 1997 No 93 Sydney Organising Committee for the Olympic Games Amendment Act 1997 No 103 Taxation Administration (Consequential Amendments) Act 1996 No 98 Telecommunications (Interception) (New South Wales) Amendment Act 1989 No 215 Timber Industry (Interim Protection) Amendment Act 1994 No 21 Timber Industry (Interim Protection) Amendment Act 1995 No 74 Totalizator Legislation Amendment Act 1997 No 151 Trade Measurement (Amendment) Act 1994 No 7 Transgender (Anti-Discrimination and Other Acts Amendment) Act 1996 No 22 Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56 Trans-Tasman Mutual Recognition (New South Wales) Amendment Act 1997 No 101 Trustee Amendment (Discretionary Investments) Act 1997 No 102 Trustee Companies Amendment Act 1997 No 46 Trustee Companies Amendment (Reserve Liabilities) Act 1998 No 37 Trustee Companies Further Amendment Act 1997 No 53 Vocational Education and Training Accreditation (Amendment) Act 1993 No 86 Walker Trusts Amendment Act 1997 No 117 Water Amendment (Charges) Act 1996 No 47 Water and Environmental Planning Legislation Amendment Act 1997 No 63 Wheat Marketing Act 1989 No 211 Page 114 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Notes Women's College Amendment Act 1997 No 13 WorkCover Legislation Amendment Act 1995 No 89 Workmen's Compensation (Lead Poisoning--Broken Hill) Amendment Act 1924 No 26 Page 115

 


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