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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59 4 Repeals 72 5 General savings, transitional and other provisions 96 Notes Index of Acts amended, or partially repealed, by Schedules 1-4 98 Index of Acts wholly repealed by Schedule 4 108 Contents page 2 I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has finally passed the LEGISLATIVE COUNCIL and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]. Page 14 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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 Page 16 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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)". Page 17 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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. Page 18 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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. Page 19 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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): Page 20 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". Page 21 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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. Page 22 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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". Page 24 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. Page 25 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. Page 26 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. Page 28 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. Page 29 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. Page 30 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)". Page 31 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. Page 32 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.) Page 33 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. Page 34 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. Page 35 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. Page 36 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". Page 37 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. Page 38 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. Page 39 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. Page 40 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. Page 41 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. Page 42 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. Page 43 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. Page 44 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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. Page 45 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Schedule 2 Amendments by way of statute law revision 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. Page 46 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Amendments by way of statute law revision Schedule 2 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. Page 47 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Schedule 2 Amendments by way of statute law revision 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. Page 48 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Amendments by way of statute law revision Schedule 2 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. Page 49 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Schedule 2 Amendments by way of statute law revision 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. Page 50 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Amendments by way of statute law revision Schedule 2 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. Page 51 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Schedule 2 Amendments by way of statute law revision 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". Page 52 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Amendments by way of statute law revision Schedule 2 [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". Page 53 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Schedule 2 Amendments by way of statute law revision [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". Page 54 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Amendments by way of statute law revision Schedule 2 [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. Page 55 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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". Page 56 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Amendments by way of statute law revision Schedule 2 [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". Page 57 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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. Page 58 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Amendments transferring provisions Schedule 3 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. Page 59 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Schedule 3 Amendments transferring provisions 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. Page 60 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Amendments transferring provisions Schedule 3 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. Page 61 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Schedule 3 Amendments transferring provisions 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. Page 62 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 Amendments transferring provisions Schedule 3 (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 Page 63 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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: Page 64 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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, Page 65 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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, Page 66 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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). Page 67 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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. Page 68 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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). Page 69 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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. Page 70 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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 Page 72 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 Statute Law (Miscellaneous Provisions) Bill (No 2) 1999 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 Page 74 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 Page 76 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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