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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Statute Law (Miscellaneous
Provisions) Bill (No 2) 2006
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
7 Repeal of Act 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments by way of statute law revision 34
Schedule 3 Amendments consequential on the enactment of the
Legal Profession Act 2004 No 112 60
Schedule 4 Repeals 74
Schedule 5 General savings, transitional and other provisions 77
Notes 79
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, , 2006
New South Wales
Statute Law (Miscellaneous
Provisions) Bill (No 2) 2006
Act No , 2006
An Act to repeal certain Acts and to amend certain other Acts and instruments in
various respects and for the purpose of effecting statute law revision; and to make
certain savings.
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) 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2006.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this
section.
(2) The amendments made by Schedules 1-3 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
The Acts and instruments specified in Schedules 1-3 are 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Schedule, repealed.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.
7 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
Schedule 1 Minor amendments
(Section 3)
1.1 Australian Museum Trust Act 1975 No 95
Schedule 1 Composition and procedure of the Trust
Insert after clause 8:
8A Disclosure of pecuniary interests
(1) If:
(a) a trustee has a direct or indirect pecuniary interest in a
matter being considered or about to be considered at a
meeting of the Trust, and
(b) the interest appears to raise a conflict with the proper
performance of the trustee's duties in relation to the
consideration of the matter,
the trustee must, as soon as possible after the relevant facts have
come to the trustee's knowledge, disclose the nature of the
interest at a meeting of the Trust.
(2) A disclosure by a trustee at a meeting of the Trust that the trustee:
(a) is a member, or is in the employment, of a specified
company or other body, or
(b) is a partner, or is in the employment, of a specified person,
or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to
be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be
recorded by the Trust in a book kept for the purpose and that book
must be open at all reasonable hours to inspection by any person
on payment of the fee determined by the Trust.
(4) After a trustee has disclosed the nature of an interest in any
matter, the trustee must not, unless the Trust otherwise
determines:
Page 3
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
(a) be present during any deliberation of the Trust with respect
to the matter, or
(b) take part in any decision of the Trust with respect to the
matter.
(5) For the purposes of the making of a determination by the Trust
under subclause (4), a trustee who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a) be present during any deliberation of the Trust for the
purpose of making the determination, or
(b) take part in the making by the Trust of the determination.
(6) A contravention of this clause does not invalidate any decision of
the Trust.
(7) This clause applies to a member of a committee of the Trust and
the committee in the same way as it applies to a trustee of the
Trust and the Trust.
Explanatory note
The proposed amendment requires a trustee of the Australian Museum Trust (the
Trust) to disclose any pecuniary interest the trustee may have in any matter considered
by the Trust that may raise a conflict with the proper performance of the trustee's
duties. After a trustee has disclosed a pecuniary interest, the trustee must not, unless
the Trust otherwise determines, be present during any deliberation, or take part in any
decision, of the Trust with respect to the matter.
1.2 Children (Interstate Transfer of Offenders) Act 1988 No 85
Section 3 Definitions
Omit paragraph (b) from the definition of Minister. Insert instead:
(b) in the case of the Australian Capital Territory--a person
holding Ministerial office under the Australian Capital
Territory (Self-Government) Act 1988 of the
Commonwealth, or
Explanatory note
The Children (Interstate Transfer of Offenders) Act 1988 allows the Minister for
Juvenile Justice to enter into certain arrangements with a Minister of another State or
Territory to facilitate the transfer of young offenders to, from and through New South
Wales. The proposed amendment updates the definition of Minister (in relation to the
Australian Capital Territory) under that Act to reflect the change of the Australian
Capital Territory to self-government.
Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
1.3 Commercial Agents and Private Inquiry Agents Act 2004
No 70
Sections 10 (1) and 17 (1)
Omit "becomes" wherever occurring. Insert instead "is".
Explanatory note
Sections 10 (1) and 17 (1) of the Commercial Agents and Private Inquiry Agents Act
2004 currently require the Commissioner of Police to cancel a master licence or an
operator licence, respectively, if the licensee "becomes" a disqualified individual or
corporation (as the case may be). This suggests that the provisions do not apply to a
licensee unless the licensee becomes disqualified after being licensed. The proposed
amendment amends those provisions so as to require cancellation of a licence if it is
discovered that a licensee is a disqualified individual or corporation after a licence was
granted as well as before it was granted.
1.4 Commission for Children and Young People Amendment
Act 2005 No 108
Schedule 1 Amendment of Commission for Children and Young People
Act 1998
Insert ", or otherwise attempt to obtain," after "apply for" in proposed
section 33C (1) (a) in Schedule 1 [31].
Explanatory note
The proposed amendment amends an uncommenced provision of the Commission for
Children and Young People Act 1998 inserted by the Commission for Children and
Young People Amendment Act 2005.
Under proposed section 33C (1) (a) of the Commission for Children and Young People
Act 1998, a prohibited person must not apply for child-related employment. The
proposed amendment makes it clear that the provision extends to a prohibited person
who otherwise attempts to obtain child-related employment. A prohibited person is a
person convicted of a serious sex offence, the murder of a child or a child-related
personal violence offence (as defined in proposed section 33B of the Commission for
Children and Young People Act 1998) or who is a registrable person within the meaning
of the Child Protection (Offenders Registration) Act 2000.
1.5 Contaminated Land Management Act 1997 No 140
[1] Section 53D Annual returns and other notifications
Omit "March" from section 53D (2). Insert instead "July".
[2] Section 53D (6), definition of "return period"
Omit "1 March and ending on the last day of February".
Insert instead "1 July and ending on 30 June".
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
[3] Schedule 2 Savings and transitional provisions
Insert after clause 10:
11 Annual returns and other notifications
Despite the definition of return period in section 53D (6), the
return period for the year ending 30 June 2007 is, for the purposes
of section 53D, to commence on 1 March 2006 rather than 1 July
2006.
Explanatory note
Section 53D (1) of the Contaminated Land Management Act 1997 (the Principal Act)
provides that an accredited site auditor must furnish the Environment Protection
Authority with a return that shows site audits that have been commenced or completed
during the return period. Currently, the return period is the year commencing on
1 March and ending on the last day of February. The return must be furnished not later
than the 31 March next following the end of the return period.
Item [1] of the proposed amendments amends section 53D (2) of the Principal Act to
provide that the return must now be furnished by a site auditor not later than the 31 July
next following the end of the return period.
Item [2] of the proposed amendments amends the definition of return period in section
53D (6) of the Principal Act so that the return period is now the year commencing on
1 July and ending on 30 June.
Item [3] of the proposed amendments inserts a transitional provision which provides
that the return period for the 2006-2007 year is the period commencing on 1 March
2006 and ending on 30 June 2007.
1.6 Conveyancing Act 1919 No 6
[1] Section 195D Signatures and consents
Insert after section 195D (3):
(3A) Without limiting the other provisions of this section, if a plan
presented for lodgment under this Division purports to have been
executed under a power of attorney, the Registrar-General may
refuse:
(a) to accept the plan for lodgment, or
(b) to register or record the plan or take any other action in
respect of it,
unless the power of attorney has been registered as provided for
by the Powers of Attorney Act 2003.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
[2] Section 203AA
Insert after section 203:
203AA Keeping of plans and other documents
(1) The Registrar-General may keep plans and other documents
lodged with the Registrar-General under this or any other Act
(whether lodged for registration or recording or for another
purpose) in or on any medium or combination of media capable
of having information recorded in or on it or them.
(2) Subsection (1) applies regardless of whether the plans or other
documents were lodged manually or electronically.
(3) The Registrar-General may, from time to time, vary the manner
or form in which the plans and other documents are kept.
(4) This section does not apply to any plan or other document that is
required to be kept in a manner or form specified in or under any
other provision of this Act or in or under any provision of any
other Act.
Explanatory note
Item [1] of the proposed amendments inserts in the Conveyancing Act 1919 (the
Principal Act) a provision that permits the Registrar-General to refuse to accept for
lodgment under Division 3 (Plans) of Part 23 (Registration) of the Principal Act, or to
register or record, a plan that purports to have been executed under a power of
attorney, unless the power of attorney has been registered as provided for by the
Powers of Attorney Act 2003. The proposed provision is similar to section 36 (2) of the
Real Property Act 1900.
Item [2] of the proposed amendments inserts proposed section 203AA in the Principal
Act. The proposed section provides that the Registrar-General may keep plans or other
documents lodged with the Registrar-General "in or on any medium or combination of
media capable of having information recorded in or on it or them" (unless another
provision of the Principal Act, or a provision of another Act, specifies the way in which
the plans or documents are to be kept). Section 184C (3) and (4) of the Principal Act
contain provisions to similar effect in relation to the General Register of Deeds
maintained for the purposes of Division 1 (General Register of Deeds) of Part 23
(Registration) of the Principal Act.
1.7 Co-operatives Act 1992 No 18
Section 178 Effect of relevant share and voting interests on voting rights
Omit "A member" from section 178 (1).
Insert instead "Subject to section 176 (5) and (6), a member".
Explanatory note
The proposed amendment clarifies that section 178 of the Co-operatives Act 1992,
which deals with the effect of relevant shares and voting interests on voting rights, is to
be read subject to section 176 (5) and (6) of that Act (which deal with joint membership
and joint share holdings).
Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
1.8 Criminal Procedure Act 1986 No 209
[1] Schedule 1 Indictable offences triable summarily
Omit "serious offence" from clause 15 (1) in Table 1.
Insert instead "serious indictable offence".
[2] Schedule 1, Table 1
Insert after clause 23A:
23AA Royal Commissions Act 1923
An offence under section 21, 22 or 23A of the Royal
Commissions Act 1923.
23AB Special Commissions of Inquiry Act 1983
An offence under section 27, 28 or 30 of the Special
Commissions of Inquiry Act 1983.
Explanatory note
Item [1] of the proposed amendments updates terminology.
Item [2] of the proposed amendments requires certain offences under the Royal
Commissions Act 1923 or the Special Commissions of Inquiry Act 1983 to be tried
summarily unless the person charged or prosecutor elects otherwise. The offences
relate to the giving of false or misleading testimony, subornation and delay or
obstruction.
1.9 Crown Lands Act 1989 No 6
[1] Section 102A Minister's consent not required for certain leases, licences
or easements
Omit section 102A (1). Insert instead:
(1) This section applies to a reserve trust managed by any of the
following:
(a) a trust board or a corporation (other than a council) that has
been appointed under section 93 or 95, but only if the land
comprising the reserve for which the reserve trust has been
appointed as trustee is being used, occupied or
administered by a government agency (other than a rural
lands protection board),
(b) a council that has been appointed under section 95.
Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
[2] Section 102A (6)
Omit "council" where firstly occurring.
Insert instead "trust board, corporation or council concerned".
[3] Section 102A (6) (a)
Insert "trust board, corporation or" before "council".
[4] Section 102A (6) (b)
Insert "in the case of a reserve trust managed by a council--" before "any
public".
Explanatory note
Section 102A of the Crown Lands Act 1989 enables a reserve trust managed by a
council, if authorised to do so by the Minister for Lands, to grant a lease, licence or
easement over a Crown reserve without having to obtain the Minister's consent each
time. Item [1] of the proposed amendments extends this power to reserve trusts
managed by a trust board or corporation if the Crown reserve concerned is being used,
occupied or administered by a government agency (other than a rural lands protection
board).
Items [2]-[4] are consequential amendments.
1.10 Film and Television Office Act 1988 No 18
[1] Section 3 Definitions
Omit the definition of Director from section 3 (1). Insert instead:
chief executive officer means the chief executive officer of the
Office holding office as such under Chapter 1A of the Public
Sector Employment and Management Act 2002.
[2] Sections 6D, 6E and 9A
Omit "Director" wherever occurring. Insert instead "chief executive officer".
[3] Schedule 1 Savings, transitional and other provisions
Insert after Part 3:
Part 4 Provisions consequent on enactment of
Statute Law (Miscellaneous Provisions)
Act (No 2) 2006
8 Construction of references to Director
Unless the regulations otherwise provide, on and from the
commencement of this clause, a reference in any other Act, in any
instrument made under any Act or in any other instrument of any
Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
kind, to the Director of the New South Wales Film and Television
Office is to be read as a reference to the chief executive officer of
the New South Wales Film and Television Office.
Explanatory note
Items [1] and [2] of the proposed amendments rename the position of Director of the
New South Wales Film and Television Office as chief executive officer of the Office.
The role of the position is unchanged.
Item [3] of the proposed amendments is a savings and transitional provision that
provides for references to the Director of the New South Wales Film and Television
Office to be read as references to the chief executive officer of the Office.
1.11 Fisheries Management Act 1994 No 38
[1] Schedule 7 Savings, transitional and other provisions
Omit ", but only until the commencement of the management plan for the
fishery" from clause 6D (2).
[2] Schedule 7, clause 6D (2A)
Insert after clause 6D (2):
(2A) A shareholder in a fishery (within the extended meaning of that
expression given by section 77A (8)) is not required to pay a
rental charge under section 77A in respect of any period that is
after the beginning of the first period for which a community
contribution for right of access to the fishery is payable under the
management plan for the fishery.
Explanatory note
Clause 6D of Schedule 7 to the Fisheries Management Act 1994 (the Principal Act)
is a transitional provision that provides for the continuation of the payment of rental
charges under section 77A of the Principal Act for access to fisheries following the
transition of those fisheries from category 2 share management fisheries to category 1
share management fisheries. The payment of charges for access to a category 1 share
management fishery is normally dealt with under the management plan for the fishery.
However, the management plans for the new category 1 share management fisheries
are yet to commence. Currently, clause 6D provides that a shareholder in a fishery is
required to pay the rental charge under section 77A of the Principal Act only until the
commencement of the management plan for the fishery, but this does not take into
account the possibility that the provisions of the management plan dealing with rental
charges may take effect at a later date.
Item [1] of the proposed amendments omits the requirement that a shareholder in a
fishery is required to pay the rental charge under section 77A of the Principal Act only
until the commencement of the management plan for the fishery.
Item [2] of the proposed amendments provides that a shareholder in a fishery is not
required to pay a rental charge under section 77A of the Principal Act in respect of any
period that is after the beginning of the first period for which a community contribution
for right of access to the fishery is payable under the management plan for the fishery.
Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
1.12 Food Act 2003 No 43
[1] Section 102 Regulations relating to establishment of food safety
schemes
Omit section 102 (6) and (7).
[2] Section 139 Regulations
Insert after section 139 (2B):
(2C) The regulations may provide for an application to be made to the
Administrative Decisions Tribunal by a person for a review of a
decision, of a class prescribed by the regulations, that is made
under this Act or the regulations.
(2D) A regulation referred to in subsection (2C) may be made only
with the concurrence of the Minister administering the
Administrative Decisions Tribunal Act 1997.
Explanatory note
Item [1] of the proposed amendments repeals section 102 (6) and (7) of the Food Act
2003 (the Principal Act). Currently, section 102 (6) and (7) enable the regulations
under the Principal Act to provide that a person may make an application to the
Administrative Decisions Tribunal for a review of a decision under the regulations in
relation to a licence or an application for the granting of a licence. Such a regulation
may not be made without the concurrence of the Minister administering the
Administrative Decisions Tribunal Act 1997.
Item [2] of the proposed amendments inserts into the general regulation-making power
in section 139 of the Principal Act, provisions enabling the regulations to allow a person
to make an application to the Administrative Decisions Tribunal for a review of any
decision made under the Principal Act or the regulations that is a decision of a class
prescribed by the regulations. The concurrence of the Minister administering the
Administrative Decisions Tribunal Act 1997 is required for the making of any such
regulation.
1.13 Funeral Funds Act 1979 No 106
[1] Section 49J Cooling-off period
Omit "pre-paid funeral fund" from section 49J (1).
Insert instead "funeral service supplier, or the person's legal representative,".
[2] Section 49J (1)
Omit "the fund". Insert instead "the funeral service supplier".
[3] Section 49J (2)
Omit "If a person".
Insert instead "If a person or the person's legal representative".
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
[4] Section 49J (2)
Omit "pre-paid funeral fund" wherever occurring.
Insert instead "funeral service supplier".
[5] Section 49J (3)
Insert after section 49J (2):
(3) In this section:
funeral service supplier means a person who agrees to supply a
funeral service under a pre-paid contract.
Explanatory note
Pre-paid contracts, within the meaning of the Funeral Funds Act 1979 (the Principal
Act), are contracts under which a person pays for the person's funeral before he or she
dies. Section 49J of the Principal Act provides for a cooling-off period for any such
contract. However, that section incorrectly states that the pre-paid contract is between
the person and a pre-paid funeral fund rather than between the person and the person
who agrees to supply the funeral under the contract.
Items [1], [2], [4] and [5] of the proposed amendments make it clear that the cooling-off
period provided for in section 49J applies to pre-paid contracts between a person and
a funeral service supplier.
Items [1] and [3] of the proposed amendments allow a pre-paid contract to be ended
during the cooling-off period by a person's legal representative.
1.14 Growth Centres (Development Corporations) Act 1974 No 49
[1] Section 6 Provisions relating to constitution and procedure of
development corporation
Insert after section 6 (1C):
(1D) The employment of a chief executive appointed by the Minister
under subsection (1A) is subject to Part 3.1 of the Public Sector
Employment and Management Act 2002, but is not subject to
Chapter 1A or 2 of that Act.
[2] Schedule 2 Provisions relating to the constitution and procedure of
development corporations
Omit "the Director-General" from clauses 3 (2), 4 (2) and 7 wherever
occurring.
Insert instead "a chief executive".
Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
[3] Schedule 2, clause 5
Omit the clause. Insert instead:
5 Application of Public Sector Employment and Management Act
2002
(1) The Public Sector Employment and Management Act 2002 (other
than Chapter 5) does not apply to or in respect of the appointment
of a member and a member is not, in the member's capacity as a
member, to be subject to the provision of that Act (other than
Chapter 5) during the member's term of office.
(2) In this clause, a reference to a member is a reference to a member
other than a chief executive.
[4] Schedule 2, clause 6 (1)
Omit "An appointed member".
Insert instead "A member (other than a chief executive)".
[5] Schedule 2, clause 6 (1) (e)
Omit "an appointed member". Insert instead "a member".
[6] Schedule 2, clause 6 (2)
Omit "appointed member".
Insert instead "member (other than a chief executive)".
Explanatory note
An amendment to the Public Sector Employment and Management Act 2002 in this
Schedule makes a person appointed as a chief executive of a development corporation
under section 6 (1A) of the Growth Centres (Development Corporations) Act 1974 (the
Principal Act) a member of the Senior Executive Service.
Item [1] of the proposed amendments sets out how the Public Sector Employment and
Management Act 2002 applies to a chief executive appointed under section 6 (1A) of
the Principal Act.
Items [2]-[6] exclude provisions of the Principal Act (such as term of appointment,
remuneration and vacancy of office) from applying to a chief executive as these matters
are dealt with under the Public Sector Employment and Management Act 2002.
Page 13
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
1.15 Historic Houses Act 1980 No 94
[1] Schedule 1 Provisions relating to trustees and procedure of the Trust
Insert after clause 8:
8A Disclosure of pecuniary interests
(1) If:
(a) a trustee has a direct or indirect pecuniary interest in a
matter being considered or about to be considered at a
meeting of the Trust, and
(b) the interest appears to raise a conflict with the proper
performance of the trustee's duties in relation to the
consideration of the matter,
the trustee must, as soon as possible after the relevant facts have
come to the trustee's knowledge, disclose the nature of the
interest at a meeting of the Trust.
(2) A disclosure by a trustee at a meeting of the Trust that the trustee:
(a) is a member, or is in the employment, of a specified
company or other body, or
(b) is a partner, or is in the employment, of a specified person,
or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to
be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be
recorded by the Trust in a book kept for the purpose and that book
must be open at all reasonable hours to inspection by any person
on payment of the fee determined by the Trust.
(4) After a trustee has disclosed the nature of an interest in any
matter, the trustee must not, unless the Trust otherwise
determines:
(a) be present during any deliberation of the Trust with respect
to the matter, or
(b) take part in any decision of the Trust with respect to the
matter.
(5) For the purposes of the making of a determination by the Trust
under subclause (4), a trustee who has a direct or indirect
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
pecuniary interest in a matter to which the disclosure relates must
not:
(a) be present during any deliberation of the Trust for the
purpose of making the determination, or
(b) take part in the making by the Trust of the determination.
(6) A contravention of this clause does not invalidate any decision of
the Trust.
(7) This clause applies to a member of a committee of the Trust and
the committee in the same way as it applies to a trustee of the
Trust and the Trust.
[2] Schedule 1, clause 9A
Insert after clause 9:
9A Transaction of business outside meetings or by telephone
(1) The Trust may, if it thinks fit, transact any of its business by the
circulation of papers among all the trustees for the time being,
and a resolution in writing approved in writing by a majority of
those trustees is taken to be a decision of the Trust.
(2) The Trust may, if it thinks fit, transact any of its business at a
meeting at which trustees (or some trustees) participate by
telephone, closed-circuit television or other means, but only if
any trustee who speaks on a matter before the meeting can be
heard by the other trustees.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each trustee have the same voting rights as
they have at an ordinary meeting of the Trust.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of the
Trust.
(5) Papers may be circulated among the trustees for the purposes of
subclause (1) by facsimile or other transmission of the
information in the papers concerned.
Explanatory note
Item [1] of the proposed amendments requires a trustee of the Historic Houses Trust
(the Trust) to disclose any pecuniary interest the trustee may have in any matter
considered by the Trust that may raise a conflict with the proper performance of the
trustee's duties. After a trustee has disclosed a pecuniary interest, the trustee must not,
Page 15
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
unless the Trust otherwise determines, be present during any deliberation, or take part
in any decision, of the Trust with respect to the matter.
Item [2] of the proposed amendments permits the Trust to conduct its business outside
of meetings or by telephone, closed-circuit television or by other means.
1.16 Landlord and Tenant (Amendment) Act 1948 No 25
[1] Section 5 Crown not bound
Omit section 5 (b). Insert instead:
(b) the New South Wales Land and Housing Corporation.
[2] Section 8 Definitions
Omit the definition of Department from section 8 (1). Insert instead:
Department means the Department of Commerce.
[3] Section 8 (1), definition of "Director-General"
Omit the definition. Insert instead:
Director-General means:
(a) the Commissioner for Fair Trading, Department of
Commerce, or
(b) if there is no such position in that Department, the
Director-General of that Department.
Explanatory note
Item [1] of the proposed amendments to the Landlord and Tenant (Amendment) Act
1948 updates a reference to the Housing Commission of New South Wales as that
body no longer exists.
Item [2] of the proposed amendments updates a reference to the Department of Fair
Trading as that Department no longer exists.
Item [3] of the proposed amendments provides for the Commissioner for Fair Trading,
Department of Commerce to exercise the functions previously exercised by the
Director-General of the Department of Fair Trading. However, if there is no position of
Commissioner for Fair Trading within the Department of Commerce, the
Director-General of that Department will exercise those functions.
1.17 Landlord and Tenant (Rental Bonds) Act 1977 No 44
Section 4 Definitions
Omit the definition of caravan from section 4 (1).
Explanatory note
The proposed amendment omits a redundant definition.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
1.18 Library Act 1939 No 40
Schedule 1 Composition and procedure of the Council
Insert after clause 8:
8A Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a
matter being considered or about to be considered at a
meeting of the Council, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the
interest at a meeting of the Council.
(2) A disclosure by a member at a meeting of the Council that the
member:
(a) is a member, or is in the employment, of a specified
company or other body, or
(b) is a partner, or is in the employment, of a specified person,
or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to
be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be
recorded by the Council in a book kept for the purpose and that
book must be open at all reasonable hours to inspection by any
person on payment of the fee determined by the Council.
(4) After a member has disclosed the nature of an interest in any
matter, the member must not, unless the Council otherwise
determines:
(a) be present during any deliberation of the Council with
respect to the matter, or
(b) take part in any decision of the Council with respect to the
matter.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
(5) For the purposes of the making of a determination by the Council
under subclause (4), a member who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a) be present during any deliberation of the Council for the
purpose of making the determination, or
(b) take part in the making by the Council of the
determination.
(6) A contravention of this clause does not invalidate any decision of
the Council.
(7) This clause applies to a member of a committee of the Council
and the committee in the same way as it applies to a member of
the Council and the Council.
Explanatory note
The proposed amendment requires a member of the Library Council of New South
Wales (the Council) to disclose any pecuniary interest the member may have in any
matter considered by the Council that may raise a conflict with the proper performance
of the member's duties. After a member has disclosed a pecuniary interest, the
member must not, unless the Council otherwise determines, be present during any
deliberation, or take part in any decision, of the Council with respect to the matter.
1.19 Mine Safety (Cost Recovery) Act 2005 No 116
[1] Section 15 Service of documents
Insert after section 15 (1) (a) (iii):
(iv) sending it by email to the email address specified by
the person for the service of documents, or
[2] Section 15 (1) (b) (iii)
Insert at the end of section 15 (1) (b) (ii):
, or
(iii) sending it by email to the email address of the body
corporate or of any officer or employee of the body
corporate specified by the body corporate for the
service of documents.
Explanatory note
The proposed amendments provide for documents that are authorised or required by
the Mine Safety (Cost Recovery) Act 2005 or the regulations under that Act to be
served on any person to be served by email.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
1.20 Museum of Applied Arts and Sciences Act 1945 No 31
Section 8A
Insert after section 8:
8A Disclosure of pecuniary interests
(1) If:
(a) a trustee has a direct or indirect pecuniary interest in a
matter being considered or about to be considered at a
meeting of the trustees, and
(b) the interest appears to raise a conflict with the proper
performance of the trustee's duties in relation to the
consideration of the matter,
the trustee must, as soon as possible after the relevant facts have
come to the trustee's knowledge, disclose the nature of the
interest at a meeting of the trustees.
(2) A disclosure by a trustee at a meeting of the trustees that the
trustee:
(a) is a member, or is in the employment, of a specified
company or other body, or
(b) is a partner, or is in the employment, of a specified person,
or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to
be disclosed under subsection (1).
(3) Particulars of any disclosure made under this section must be
recorded by the trustees in a book kept for the purpose and that
book must be open at all reasonable hours to inspection by any
person on payment of the fee determined by the trustees.
(4) After a trustee has disclosed the nature of an interest in any
matter, the trustee must not, unless the trustees otherwise
determine:
(a) be present during any deliberation of the trustees with
respect to the matter, or
(b) take part in any decision of the trustees with respect to the
matter.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
(5) For the purposes of the making of a determination by the trustees
under subsection (4), a trustee who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a) be present during any deliberation of the trustees for the
purpose of making the determination, or
(b) take part in the making by the trustees of the
determination.
(6) A contravention of this section does not invalidate any decision
of the trustees.
(7) This section applies to a member of a committee of the trustees
and the committee in the same way as it applies to a trustee and
the trustees.
Explanatory note
The proposed amendment requires a trustee who is one of the trustees of the Museum
of Applied Arts and Sciences (the trustees) to disclose any pecuniary interest the
trustee may have in any matter considered by the trustees that may raise a conflict with
the proper performance of the trustee's duties. After a trustee has disclosed a
pecuniary interest, the trustee must not, unless the trustees otherwise determine, be
present during any deliberation, or take part in any decision, of the trustees with respect
to the matter.
1.21 National Parks and Wildlife Act 1974 No 80
[1] Section 5 Definitions
Omit the definition of Director-General from section 5 (1). Insert instead:
Director-General means the Director-General of the Department
of Environment and Conservation.
[2] Section 21 Delegation
Omit ", with the approval of the Minister," from section 21 (1) (b).
[3] Sections 47GA (3) (a), (4) and (5) and 71AY
Omit "state recreation area" wherever occurring.
Insert instead "state conservation area".
[4] Section 47GA (5)
Omit "state recreation areas". Insert instead "state conservation areas".
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
[5] Section 91H Appeal against order
Omit "whole of any part of an area or land" from section 91H (1).
Insert instead "whole or any part of an area of land".
Explanatory note
The Public Sector Employment and Management (Environment and Conservation)
Order 2003 abolished the National Parks and Wildlife Service as a separate
Department of the Public Service and transferred it as a branch of the Department of
Environment and Conservation. That Order provided that all references to the National
Parks and Wildlife Service are to be read as references to the Department of
Environment and Conservation and all references to the Director-General of National
Parks and Wildlife are to be read as references to the Director-General of the
Department of Environment and Conservation.
Item [1] of the proposed amendments updates the definition of Director-General of the
Service in the National Parks and Wildlife Act 1974 (the Principal Act).
Item [2] of the proposed amendments enables the Director-General to delegate
functions without the need to obtain the approval of the Minister.
Items [3] and [4] of the proposed amendments update references to the classification
of land reserved under the Principal Act.
Item [5] of the proposed amendments corrects typographical errors.
1.22 Protection of the Environment Operations Act 1997 No 156
[1] Section 146D Littering reports
Omit "type of material that comprises litter deposited during the period
concerned and the quantity of each such type of material" from section
146D (2).
Insert instead "composition and quantity of litter".
[2] Section 161 Notices
Insert after section 161 (6) (c):
(c1) having the vehicle tested or inspected by a person
approved by the EPA for the purposes of section
207 (2) (c), or
[3] Section 161 (6) (d)
Insert "tested or" after "vehicle".
[4] Sections 246 (3) and 248 (2)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
[5] Section 250 Additional orders
Omit "environmental organisation" from section 250 (1) (e).
Insert instead "organisation".
[6] Schedule 5 Savings, transitional and other provisions
Insert "Environment" before "Operations" in clause 16 (4).
[7] Dictionary
Omit "state recreation area" from paragraph (c) of the definition of public
place.
Insert instead "state conservation area".
Explanatory note
Item [1] of the proposed amendments amends section 146D of the Protection of the
Environment Operations Act 1997 (the Principal Act) to provide that the biennial
report of the Environment Protection Authority (EPA) on littering is to contain estimates
of the composition and quantity of litter (rather than the type of material that comprises
the litter and the quantity of each type of material).
Item [2] of the proposed amendments amends section 161 of the Principal Act to
provide that it will not be an offence against the section to drive a motor vehicle to a
place for the purposes of having the vehicle tested or inspected by a person approved
by the EPA for the purposes of section 207 (2) (c) of the Principal Act. Section 207 of
the Principal Act provides that an authorised officer may require the owner or person in
possession of an article to have the article tested or inspected, at a place approved by
the EPA. Item [3] of the proposed amendments makes a consequential amendment.
Item [4] of the proposed amendments updates references to repealed legislation.
Item [5] of the proposed amendments amends section 250 (1) (e) of the Principal Act
to allow a court to order an offender to pay a specified amount to a specified
organisation for certain environmental purposes. Currently, that section allows
payment only to a specified "environmental" organisation.
Item [6] of the proposed amendments corrects a citation.
Item [7] of the proposed amendments updates a reference to the classification of land
reserved under the National Parks and Wildlife Act 1974.
1.23 Public Sector Employment and Management Act 2002 No 43
[1] Section 143 Regulations
Omit "Public Service". Insert instead "public sector service".
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
[2] Schedule 2 Executive positions (other than non-statutory SES positions)
Insert at the end of Part 3:
A chief executive of a development corporation appointed under
section 6 (1A) of the Growth Centres (Development
Corporations) Act 1974
Explanatory note
Item [1] of the proposed amendments provides that the regulations under the Public
Sector Employment and Management Act 2002 (the Principal Act) may make
provision for or with respect to the acquisition or disposal of goods or services for the
public sector service. Currently, such regulations may only be made with respect to the
Public Service (which is now part of the Government Service). The public sector service
includes, amongst other things, the Government Service, the Teaching Service, NSW
Police and the NSW Health Service.
Item [2] of the proposed amendments provides that a person appointed as a chief
executive of a development corporation is a member of the Senior Executive Service
for the purposes of the Principal Act.
1.24 Real Property Act 1900 No 25
[1] Section 36 Lodgment and registration of documents
Omit "a dealing or caveat" from section 36 (2).
Insert instead "a plan referred to in subsection (3), or a dealing or caveat,".
[2] Section 36 (2)
Omit "the Conveyancing Act 1919".
Insert instead "the Powers of Attorney Act 2003".
Explanatory note
Section 36 (2) of the Real Property Act 1900 permits the Registrar-General to refuse to
accept for lodgment, or to record or register or otherwise take action in respect of, a
"dealing or caveat" presented for lodgment that purports to have been executed under
a power of attorney, unless the power of attorney has been registered.
Item [1] of the proposed amendments extends section 36 (2) so as to confer the same
power on the Registrar-General in relation to plans intended to be registered pursuant
to the provisions of the Strata Schemes (Freehold Development) Act 1973 or the Strata
Schemes (Leasehold Development) Act 1986.
Currently, section 36 (2) refers to the power of attorney having been registered "as
provided for by the Conveyancing Act 1919". Registration of powers of attorney is now
provided for by the Powers of Attorney Act 2003. Item [2] of the proposed amendments
updates the outdated reference.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
1.25 Residential Tenancies Act 1987 No 26
[1] Section 6 Agreements and premises to which Act does not apply
Omit section 6 (2) (f). Insert instead:
(f) any premises used to provide residential care within the
meaning of the Aged Care Act 1997 of the
Commonwealth.
[2] Section 6 (3)
Omit "(e), (f) or (g)". Insert instead "(e) or (f)".
[3] Sections 123, 124 (1), 130 (3) and (5) and 133 (1) (i)-(k)
Omit the section, subsections and paragraphs.
Explanatory note
Item [1] of the proposed amendments to the Residential Tenancies Act 1987 updates
a reference to the Aged or Disabled Persons Care Act 1954 of the Commonwealth
which has been repealed.
Item [2] of the proposed amendments omits a cross-reference to a repealed paragraph.
Item [3] of the proposed amendments omits redundant provisions that relate to the
former Residential Tenancies Tribunal. These matters are now dealt with in the
Consumer, Trader and Tenancy Tribunal Act 2001.
1.26 Royal Commissions Act 1923 No 29
Section 21
Omit the section. Insert instead:
21 False and misleading testimony
(1) Any witness before a commission who gives testimony that is
false or misleading in a material particular knowing it to be false
or misleading, or not believing it to be true, is guilty of an
indictable offence.
Maximum penalty: Imprisonment for 5 years.
(2) Sections 331 and 332 of the Crimes Act 1900 apply to
proceedings for an offence against this section in the same way
as they apply to proceedings for an offence under section 330 of
that Act.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
Explanatory note
The object of this amendment is to bring the offence of giving false testimony that is
found in section 21 of the Royal Commissions Act 1923 into line with similar offences
found in section 87 of the Independent Commission Against Corruption Act 1988 and
section 107 of the Police Integrity Commission Act 1996. In order to do this, the offence
has been expanded to cover the giving of misleading testimony (currently the offence
applies only to false testimony) and to cover cases where the person giving the
testimony does not believe it to be true (currently the person is guilty of the offence only
if that person knowingly gives the false testimony). The amendment also applies
sections 331 and 332 of the Crimes Act 1900 to the offence. Section 331 of that Act
provides that where a person has made 2 statements on oath and one is irreconcilably
in conflict with the other, a jury can find a person guilty of the offence if it is satisfied that
one of the statements was made by the accused knowing it to be false or misleading,
or not believing it to be true. It is not necessary for the jury to know which of the
statements was so made. Section 332 of that Act provides that an accused person
cannot rely on a technical defect in an instrument to prevent it being used in evidence
at his or her trial for the offence.
1.27 Security Industry Act 1997 No 157
[1] Section 26 Revocation of licence
Omit section 26 (1) (c).
[2] Section 32 Advertising
Omit "licence that authorises the person to carry on that security activity" from
section 32 (1).
Insert instead "master licence".
Explanatory note
Currently, section 26 of the Security Industry Act 1997 (the Principal Act) provides
both a discretionary (section 26 (1) (c)) and mandatory (sections 15 (1) (a) and 26 (1A))
requirement for the Commissioner of Police to revoke a licence under the Principal Act
if the licensee is no longer a fit and proper person to hold the licence. Item [1] of the
proposed amendments makes it clear that such a requirement is mandatory.
Section 32 of the Principal Act currently provides that a person must not advertise that
the person carries on or is willing to carry on any security activity unless the person is
the holder of a licence that authorises the person to carry on that security activity. Item
[2] of the proposed amendments provides instead that only the holder of a master
licence may advertise in such a manner.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
1.28 Security Industry Amendment Act 2005 No 63
[1] Schedule 1 Amendment of Security Industry Act 1997
Omit proposed section 14 (5) in Schedule 1 [20]. Insert instead:
(5) In the case of an application for a class P1F licence, the applicant
must also supply a letter of endorsement from the applicant's
employer or proposed employer (being an approved master
licensee providing uniformed cash in transit security services)
that states that the applicant is or will be employed by the
employer.
[2] Schedule 1 [33]
Omit "Special Crime and Internal Affairs Branch of NSW Police".
Insert instead "Professional Standards Command of NSW Police".
[3] Schedule 1 [42]
Omit ", in accordance with section 14 (5), applied for the P1F licence on the
licensee's behalf" from proposed section 23C (2).
Insert instead "provided the licensee with a letter of endorsement, as referred
to in section 14 (5)".
[4] Schedule 1 [48]
Omit proposed section 29A. Insert instead:
29A Offence of permitting employee who is provisional licensee to
carry on unsupervised security activity
(1) A person who is the holder of a provisional licence must not carry
on a security activity authorised by that licence otherwise than
under the direct supervision (as determined in accordance with
the regulations) of a person who holds a class 1 licence that
authorises the carrying on of the security activity to which the
provisional licence relates.
(2) If subsection (1) is contravened, the person who is (at the time of
the contravention) the employer of the person holding the
provisional licence is guilty of an offence.
Maximum penalty:
(a) in the case of a corporation--200 penalty units, or
(b) in the case of an individual--100 penalty units.
[5] Schedule 1 [54]
Omit the item.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
[6] Schedule 1 [65]
Omit proposed section 38B (2). Insert instead:
(2) A person (the relevant person) must not, for fee or reward,
supervise or monitor the performance of a person who holds a
class 1 or class 2 licence unless the relevant person is:
(a) the holder of a master licence, or
(b) in the case of a master licence held by a corporation,
government agency or public authority--the person
nominated by the corporation, agency or authority for the
purpose of such supervision or monitoring, or
(c) the holder of a licence authorising the relevant person to
carry on the security activity to which the class 1 or class
2 licence relates.
Maximum penalty: 100 penalty units or imprisonment for 6
months, or both.
Explanatory note
The proposed amendments amend uncommenced provisions of the Security Industry
Act 1997 (the Principal Act) that are to be inserted by the Security Industry
Amendment Act 2005.
Under proposed section 14 (5) of the Principal Act, an application for a P1F licence is
to be made on behalf of the applicant by the applicant's employer (being an approved
master licensee providing uniformed cash in transit security services). Item [1] of the
proposed amendments removes the requirement for the application to be made by the
employer and provides instead that the applicant must supply a letter of endorsement
from the applicant's employer with the application. Item [3] of the proposed
amendments makes a consequential amendment.
Item [2] of the proposed amendments updates a reference to an office.
Item [4] of the proposed amendments substitutes proposed section 29A of the Principal
Act to make it clear that it is an offence for the employer of the holder of a provisional
licence to fail to ensure that the holder is directly supervised.
Proposed section 32 (2A) of the Principal Act makes it an offence for a person who is
the holder of a provisional licence to advertise that the person carries on or is willing to
carry on any security activity. Item [5] of the proposed amendments removes this
offence as a consequence of the amendments proposed to be made to section 32 of
the Principal Act contained elsewhere in this Schedule.
Proposed section 38B (2) of the Principal Act provides that a person must not supervise
or monitor the performance of the holder of a class 1 or class 2 licence unless the
person supervising or monitoring holds a master licence or a licence of the same kind
as the person being supervised or monitored. Item [6] of the proposed amendments
provides that in the case of a master licence held by a corporation, government agency
or public authority, a person nominated by the corporation, agency or authority may
also carry out such supervision or monitoring.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
1.29 Special Commissions of Inquiry Act 1983 No 90
Section 27
Omit the section. Insert instead:
27 False and misleading testimony
(1) Any witness before a Special Commission who gives testimony
that is false or misleading in a material particular knowing it to be
false or misleading, or not believing it to be true, is guilty of an
indictable offence.
Maximum penalty: Imprisonment for 5 years.
(2) Sections 331 and 332 of the Crimes Act 1900 apply to
proceedings for an offence against this section in the same way
as they apply to proceedings for an offence under section 330 of
that Act.
Explanatory note
The object of this amendment is to bring the offence of giving false testimony that is
found in section 27 of the Special Commissions of Inquiry Act 1983 into line with similar
offences found in section 87 of the Independent Commission Against Corruption Act
1988 and section 107 of the Police Integrity Commission Act 1996. In order to do this,
the offence has been expanded to cover the giving of misleading testimony (currently
the offence applies only to false testimony) and to cover cases where the person giving
the testimony does not believe it to be true (currently the person is guilty of the offence
only if that person knowingly gives the false testimony). The amendment also applies
sections 331 and 332 of the Crimes Act 1900 to the offence. Section 331 of that Act
provides that where a person has made 2 statements on oath and one is irreconcilably
in conflict with the other, a jury can find a person guilty of the offence if it is satisfied that
one of the statements was made by the accused knowing it to be false or misleading,
or not believing it to be true. It is not necessary for the jury to know which of the
statements was so made. Section 332 of that Act provides that an accused person
cannot rely on a technical defect in an instrument to prevent it being used in evidence
at his or her trial for the offence.
1.30 State Records Act 1998 No 17
[1] Section 69 Establishment of Board
Insert ", to represent departments" after "Act 2002" in section 69 (2) (b).
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
[2] Section 69 (4)
Omit the subsection.
Explanatory note
Section 69 of the State Records Act 1998 establishes a Board of the State Records
Authority, two members of which are to be nominated by the Minister administering the
Public Sector Employment and Management Act 2002. The members nominated by
that Minister are currently required to represent departments and declared authorities.
However, as declared authorities no longer exist, items [1] and [2] of the proposed
amendments remove the requirement to appoint a member to represent declared
authorities and instead require both those members to represent departments.
1.31 Sydney Opera House Trust Act 1961 No 9
[1] Section 2 Definitions
Omit the definition of Opera House. Insert instead:
Opera House means the whole of the land comprised in Lot 4,
Deposited Plan 787933, and Lot 5, Deposited Plan 775888, and
includes any building, work or fixture on that land.
[2] Section 4 Objects and functions of Trust
Omit section 4 (5) and (6).
[3] Section 5 Authority of Trust in respect of Sydney Opera House
Omit the section.
[4] Section 12A
Insert after section 12:
12A Disclosure of pecuniary interests
(1) If:
(a) a trustee has a direct or indirect pecuniary interest in a
matter being considered or about to be considered at a
meeting of the Trust, and
(b) the interest appears to raise a conflict with the proper
performance of the trustee's duties in relation to the
consideration of the matter,
the trustee must, as soon as possible after the relevant facts have
come to the trustee's knowledge, disclose the nature of the
interest at a meeting of the Trust.
(2) A disclosure by a trustee at a meeting of the Trust that the trustee:
(a) is a member, or is in the employment, of a specified
company or other body, or
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
(b) is a partner, or is in the employment, of a specified person,
or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to
be disclosed under subsection (1).
(3) Particulars of any disclosure made under this section must be
recorded by the Trust in a book kept for the purpose and that book
must be open at all reasonable hours to inspection by any person
on payment of the fee determined by the Trust.
(4) After a trustee has disclosed the nature of an interest in any
matter, the trustee must not, unless the Trust otherwise
determines:
(a) be present during any deliberation of the Trust with respect
to the matter, or
(b) take part in any decision of the Trust with respect to the
matter.
(5) For the purposes of the making of a determination by the Trust
under subsection (4), a trustee who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a) be present during any deliberation of the Trust for the
purpose of making the determination, or
(b) take part in the making by the Trust of the determination.
(6) A contravention of this section does not invalidate any decision
of the Trust.
(7) This section applies to a member of a committee of the Trust and
the committee in the same way as it applies to a trustee of the
Trust and the Trust.
[5] Section 17 Sydney Opera House Management Account
Omit the section.
Explanatory note
The Sydney Opera House Trust Act 1961 (the Principal Act) provides for the
establishment of the Sydney Opera House Trust (the Trust) and gives the Trust certain
functions including the administration, care, control, management and maintenance of
the Opera House. These functions were to apply to the Opera House in stages as
various parts of it were completed and the Governor published a proclamation to that
effect in the Gazette. Construction of the Opera House was completed in 1975.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
Items [1]-[3] of the proposed amendments remove the provisions of the Principal Act
that relate to the staged transfer of authority to the Trust and instead clearly set out the
land over which the Trust is to have authority.
Item [4] of the proposed amendments requires a trustee to disclose any pecuniary
interest the trustee may have in any matter considered by the Trust that may raise a
conflict with the proper performance of the trustee's duties. After a trustee has
disclosed a pecuniary interest, the trustee must not, unless the Trust otherwise
determines, be present during any deliberation, or take part in any decision, of the Trust
with respect to the matter.
Item [5] of the proposed amendments omits a provision that requires the Trust to
operate only one bank account. This provision conflicts with requirements under
fundraising legislation such as section 20 (6) of the Charitable Fundraising Act 1991
which requires money received in the course of a fundraising appeal to be placed in a
separate account and also conflicts with section 16 of the Public Finance and Audit Act
1983 which provides that Authorities (including the Trust) may open such accounts in
such banks, building societies and credit unions and on such terms as the Treasurer
determines for the banking of public money. The opening of accounts by the Trust will
now be provided for under the Public Finance and Audit Act 1983.
1.32 Sydney Water Act 1994 No 88
Section 106 Regulations
Insert after section 106 (4):
(5) The regulations may apply, adopt or incorporate any of the
following publications as in force for the time being:
(a) a standard published or adopted by Standards Australia,
(b) the New South Wales Code of Practice--Plumbing and
Drainage produced by the Committee on Uniformity of
Plumbing and Drainage Regulations in New South Wales.
Explanatory note
Section 69 (1) of the Interpretation Act 1987 provides that a reference to a publication
in an Act or instrument is a reference to that publication as in force or current on the
day specified in the Act or instrument, or if no such day is specified, the day on which
the provision containing the reference took effect. Section 69 (2) goes on to provide that
an Act or instrument can refer to a publication as in force for the time being if that
intention appears in the Act or instrument and, if the intention appears in an instrument,
the Act under which the instrument is made provides that such instruments may apply,
adopt or incorporate publications, as in force for the time being.
The object of this amendment is to allow regulations under the Sydney Water Act 1994
to apply, adopt or incorporate a standard published or adopted by Standards Australia
or the New South Wales Code of Practice--Plumbing and Drainage as in force for the
time being.
1.33 Western Lands Act 1901 No 70
[1] Section 5 Disqualification from office
Insert "(other than freehold land)" after "any land".
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 1 Minor amendments
[2] Section 35S Minister may create easements for right of way
Omit section 35S (1) and (2). Insert instead:
(1) The Minister may, by instrument lodged with the
Registrar-General, create the following easements over land
within the Western Division that, in the Minister's opinion, is
being used as a road or track:
(a) an easement in the nature of a right of way,
(b) such other easements as are appropriate to the construction
and maintenance of a right of way.
(2) Such an instrument:
(a) may not be lodged with respect to freehold land, and
(b) may only be made with respect to land held under a lease
on the application of the lessee or lessees of the land, and
(c) must specify the beneficiary of the easement or the land to
which the benefit of the easement is appurtenant.
[3] Section 35S (3)
Omit "A Minister's request".
Insert instead "An instrument lodged under subsection (1)".
[4] Section 35S (4)
Omit the subsection. Insert instead:
(4) On receiving an instrument lodged under subsection (1), the
Registrar-General may record such particulars of the creation of
the special easement as the Registrar-General considers
necessary in any folio of the Register relating to land which, in
the Registrar-General's opinion, is affected by the creation of the
easement.
[5] Section 35S (5) and (6)
Omit "a Minister's request" wherever occurring.
Insert instead "an instrument lodged under subsection (1)".
[6] Section 35S (12)
Insert after section 35S (11):
(12) In this section and in section 35T, the Register means the
Register kept under the Real Property Act 1900.
Page 32
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Minor amendments Schedule 1
[7] Section 35T Minister may extinguish special easements
Omit section 35T (1) and (2). Insert instead:
(1) On the application of:
(a) each beneficiary of a special easement, and
(b) in the case of a special easement over land held under a
lease, each lessee of the land,
the Minister may, by instrument lodged with the
Registrar-General, release the easement.
(2) On receiving an instrument lodged under subsection (1), the
Registrar-General may record such particulars of the release of
the special easement as the Registrar-General considers
necessary in any folio of the Register relating to land which, in
the Registrar-General's opinion, is affected by the release of the
easement.
[8] Section 35T (3)
Omit "a Minister's request".
Insert instead "an instrument lodged under subsection (1)".
Explanatory note
Item [1] of the proposed amendments makes it clear that the Western Lands
Commissioner or an Assistant Commissioner are not prevented from having an interest
in freehold land in the Western Division. The Commissioner and an Assistant
Commissioner currently have no functions with respect to freehold land.
At present, the Minister for Natural Resources may request that the Registrar-General
create special easements over certain land within the Western Division that is being
used as a road or track and also to request the Registrar-General to extinguish any
such easement. Items [2]-[8] of the proposed amendments will allow the Minister to
create or extinguish special easements instead of having to request that the
Registrar-General do so.
Page 33
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law
revision
(Section 3)
2.1 Access to Neighbouring Land Act 2000 No 2
[1] Section 6 (a)
Omit section 6 (a) and (b). Insert instead:
(a) land reserved as a national park, historic site, state
conservation area, regional park, nature reserve, karst
conservation reserve or Aboriginal area,
[2] Sections 26 (5), 28 (4) and 29 (1)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
Explanatory note
Item [1] of the proposed amendments updates references to the classification of land
reserved under the National Parks and Wildlife Act 1974.
Item [2] of the proposed amendments updates references to repealed legislation.
2.2 Animal Research Regulation 2005
Schedule 1, clause 7 (3)
Omit "veterinary surgeon" wherever occurring.
Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates references.
2.3 Apprenticeship and Traineeship Regulation 2005
Clause 5
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
Page 34
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.4 Architects Regulation 2004
Clause 6 (4) (b)
Omit "to practice". Insert instead "to practise".
Explanatory note
The proposed amendment corrects a typographical error.
2.5 Associations Incorporation Act 1984 No 143
Section 72
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.6 Bail Act 1978 No 161
Section 51 (5) (b)
Omit "regulations" wherever occurring. Insert instead "rules".
Explanatory note
The proposed amendment corrects references.
2.7 Blacktown Local Environmental Plan 1988
Schedule 6, item 27, paragraph (c) (xviii)
Omit "screeded". Insert instead "screened".
Explanatory note
The proposed amendment corrects a typographical error.
2.8 Blue Mountains Local Environmental Plan 2005
Schedule 7
Omit the note to the Schedule.
Explanatory note
The proposed amendment omits a redundant note.
2.9 Botany Local Environmental Plan 1995
[1] Clause 7 (2)
Insert at the end of the clause:
(2) Notes included in this plan do not form part of this plan.
Page 35
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
[2] Clause 12A (2) (a)
Omit ", and".
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes.
Item [2] of the proposed amendments omits a redundant conjunction.
2.10 Camden Local Environmental Plan No 45
Clause 6 (1)
Omit "recretaion area". Insert instead "recreation area".
Explanatory note
The proposed amendment corrects a typographical error.
2.11 Cessnock Local Environmental Plan 1989
[1] Clause 5 (3)
Insert after clause 5 (2):
(3) Notes included in this plan do not form part of this plan.
[2] Clause 7A (1)
Omit "has". Insert instead "had".
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes.
Item [2] of the proposed amendments corrects a grammatical error.
2.12 Civil Liability Act 2002 No 22
Section 26J (3B) (a)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.13 Cobar Local Environmental Plan 2001
Clause 5 (1), definition of "veterinary clinic"
Omit "veterinary surgeon". Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates a reference.
Page 36
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.14 Community Land Management Act 1989 No 202
Sections 97D (3) and 97E (2)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates references to repealed legislation.
2.15 Companion Animals Act 1998 No 87
Section 61 (4)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates references to repealed legislation.
2.16 Conveyancing (General) Regulation 2003
Schedule 11, Part 1
Omit "veterinary surgeon". Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates a reference.
2.17 Crimes Amendment (Apprehended Violence) Act 2006 No 73
[1] Schedule 1, proposed sections 562M (4) (c) and 562N (2) (d)
Omit "HIV/AIDS or other" wherever occurring.
Insert instead "HIV/AIDS infection or".
[2] Schedule 3.4, proposed section 33 (6) (c)
Omit "Crimes Act 1990". Insert instead "Crimes Act 1900".
Explanatory note
Item [1] of the proposed amendments clarifies conjunctions.
Item [2] of the proposed amendments corrects the citation of an Act.
2.18 Crown Lands (Continued Tenures) Act 1989 No 7
[1] Section 5 (4), definition of "tenure"
Insert "or" at the end of paragraphs (a), (b) and (c).
Page 37
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
[2] Schedule 3, Part 1, clause 2 (2) (a)
Insert "or" at the end of the paragraph.
Explanatory note
The proposed amendments insert missing conjunctions.
2.19 Crown Lands (General Reserves) By-law 2006
Schedule 1, Part 1
Omit "Japser" from the column headed "Corporate name" of the matter
relating to Wee Jasper.
Insert instead "Jasper".
Explanatory note
The proposed amendment corrects a typographical error.
2.20 Crown Lands Regulation 2006
Clause 44 (2) (c)-(e)
Omit "Reserve" wherever occurring. Insert instead "Reserves".
Explanatory note
The proposed amendment corrects citations of an instrument.
2.21 District Court Act 1973 No 9
Schedule 3, clause 1 (1A)
Insert before clause 1 (1):
(1A) The Governor may make regulations for the purposes of this Part.
Explanatory note
The proposed amendment clarifies who is to make regulations.
2.22 District Court Rules 1973
Part 51D, heading
Omit "Property (Relationships) Act 1984,".
Explanatory note
The proposed amendment omits redundant matter from a Part heading.
Page 38
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.23 Drug Misuse and Trafficking Act 1985 No 226
Section 22 (2)
Omit the subsection.
Explanatory note
The proposed amendment omits a provision that is redundant because of section 179
(2) of the Criminal Procedure Act 1986.
2.24 Dubbo Local Environmental Plan 1998--Urban Areas
[1] Clause 5 (3)
Omit the subclause. Insert instead:
(3) Notes included in this plan do not form part of this plan.
[2] Clause 31 (5)
Omit "home based child care establishments;".
[3] Schedule 5
Omit "Eulom2ogo" from the column headed "No" of the matter relating to
Heritage Item number H78 in Pinedale Road.
Insert instead "Eulomogo".
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes.
Item [2] of the proposed amendments omits redundant words.
Item [3] of the proposed amendments corrects a typographical error.
2.25 Dungog Local Environmental Plan 2006
Dictionary, definition of "veterinary establishment"
Omit "veterinary surgeon". Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates a reference.
2.26 Environmental Planning and Assessment Regulation 2000
Clause 3, definition of "BASIX optional development"
Omit "volume" wherever occurring in paragraph (b).
Insert instead "capacity".
Explanatory note
The proposed amendment corrects an incorrect word.
Page 39
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
2.27 Fair Trading (General) Regulation 2002
Clause 22, definition of "Snell standard"
Omit the note to the definition. Insert instead:
Note. This standard is available on the website of the Snell Memorial
Foundation at www.smf.org.
Explanatory note
The proposed amendment updates a weblink.
2.28 Farm Produce Act 1983 No 30
Section 27 (5)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.29 Financial Sector Reform (Savings and Transitional)
Regulation 1999
Clause 18
Omit the clause.
Explanatory note
The proposed amendment omits a clause relating to repealed legislation.
2.30 Fire Brigades Act 1989 No 192
Section 5 (1), definition of "reserved area"
Omit "state recreation area". Insert instead "state conservation area".
Explanatory note
The proposed amendment updates a reference to the classification of land reserved
under the National Parks and Wildlife Act 1974.
2.31 First State Superannuation Act 1992 No 100
Schedule 1
Omit "State Recreation Area" wherever occurring.
Insert instead "State Conservation Area".
Explanatory note
The proposed amendment updates references to the classification of land reserved
under the National Parks and Wildlife Act 1974.
Page 40
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.32 Fisheries Management (Lobster Share Management Plan)
Regulation 2000
Appendix, clauses 8 (4) and 32 (1) (b)
Omit "Director's" wherever occurring. Insert instead "Director-General's".
Explanatory note
The proposed amendment corrects references to an office.
2.33 Forbes Local Environmental Plan 1986
Schedule 1
Omit "Veterinary surgeon". Insert instead "Veterinary practitioner".
Explanatory note
The proposed amendment updates a reference.
2.34 Gaming Machines Act 2001 No 127
Section 131 (6)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.35 Grain Marketing Act 1991 No 15
Section 94 (5) (b)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.36 Gunnedah Local Environmental Plan 1998
Clause 6 (1), definition of "veterinary clinic"
Omit "veterinary surgeon". Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates a reference.
Page 41
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
2.37 Hawkesbury Local Environmental Plan 1989
[1] Clause 5 (3)
Insert after clause 5 (2):
(3) Notes included in this plan do not form part of this plan.
[2] Schedule 2
Omit "Veterinary surgeon". Insert instead "Veterinary practitioner".
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes.
Item [2] of the proposed amendments updates a reference.
2.38 Health Services Regulation 2003
Clause 3
Omit "board of a public health organisation," from the note at the end of the
clause.
Explanatory note
The proposed amendment omits a redundant reference.
2.39 Impounding Act 1993 No 31
[1] Section 41 (3) and definition of "area of operations" in Dictionary
Omit "state recreation area" wherever occurring.
Insert instead "state conservation area".
[2] Section 47
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
Item [1] of the proposed amendments updates references to the classification of land
reserved under the National Parks and Wildlife Act 1974.
Item [2] of the proposed amendments updates a reference to repealed legislation.
Page 42
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.40 Independent Commission Against Corruption Act 1988
No 35
Schedule 4
Renumber Part 6 and clauses 16-19 (as inserted by the Independent
Commission Against Corruption Amendment (Operations Review Committee)
Act 2006) as Part 7 and clauses 18-21, respectively.
Explanatory note
The proposed amendment corrects duplicate numbering within a Schedule.
2.41 Infants' Custody and Settlements Act 1899 No 39
Section 10A (3B)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.42 Judicial Officers Act 1986 No 100
Part 2
Omit the Part.
Explanatory note
The proposed amendment omits a redundant Part.
2.43 Jury Act 1977 No 18
Section 69 (4)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.44 Law Enforcement and National Security (Assumed
Identities) Act 1998 No 154
Section 3, definition of "authorised agency"
Omit "Organization" from paragraph (e) (iii). Insert instead "Organisation".
Explanatory note
The proposed amendment corrects the name of an organisation.
Page 43
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
2.45 Law Enforcement and National Security (Assumed
Identities) Regulation 2004
Clauses 5 (c), 6 (c) and 7 (f)
Omit "Organization" wherever occurring. Insert instead "Organisation".
Explanatory note
The proposed amendment corrects the name of an organisation.
2.46 Law Reform (Miscellaneous Provisions) Act 1946 No 33
Sections 2 (2) and 4 (3) (b)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates references to repealed legislation.
2.47 Leeton Local Environmental Plan No 4
Clause 5 (1), definition of "veterinary premises"
Omit "veterinary surgeon". Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates a reference.
2.48 Legal Profession Act 2004 No 112
Section 144 (6)
Omit "The Law Council Society". Insert instead "The Law Society Council".
Explanatory note
The proposed amendment corrects an incorrect reference to the name of a body.
2.49 Liquor Act 1982 No 147
[1] Section 4 (9)
Insert after section 4 (8):
(9) Notes included in this Act do not form part of this Act.
Page 44
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
[2] Sections 16 (3), 69 (3) and 99 (4)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes.
Item [2] of the proposed amendments updates references to repealed legislation.
2.50 Lismore Local Environmental Plan 2000
Schedule 1
Omit "Buit" from the matter relating to Map No 27, Westpac Bank in the
column headed "Significance".
Insert instead "Built".
Explanatory note
The proposed amendment corrects a typographical error.
2.51 Long Service Leave (Metalliferous Mining Industry) Act 1963
No 48
[1] Section 1 (4)
Omit the subsection (including the note to the subsection).
[2] Section 3 (4)
Insert after section 3 (3):
(4) Notes included in this Act do not form part of this Act.
Explanatory note
Item [1] of the proposed amendment omits a redundant subsection.
Item [2] of the proposed amendments clarifies the status of notes.
2.52 Marine Pilotage Licensing Act 1971 No 56
Section 3 (1) and (4) and Schedule
Omit section 3 (1) and (4) and the Schedule.
Explanatory note
The proposed amendment omits redundant provisions.
Page 45
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
2.53 Meat Industry Act 1978 No 54
Section 59I (4)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.54 Mining Act 1992 No 29
Sections 223 (2) and 252 (6)
Omit "state recreation area" wherever occurring.
Insert instead "state conservation area".
Explanatory note
The proposed amendment updates references to the classification of land reserved
under the National Parks and Wildlife Act 1974.
2.55 Moratorium Act 1932 No 57
Section 31 (4)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.56 Moree Plains Local Environmental Plan 1995
Clause 5 (1), definition of "veterinary clinic"
Omit "veterinary surgeon". Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates a reference.
2.57 Motor Dealers Regulation 2004
Clause 65 (3)
Omit "Part 5 of the Local Courts (Civil Claims) Act 1970".
Insert instead "Part 8 of the Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
Page 46
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.58 Motor Vehicle Repairs Regulation 1999
Clause 3 (2)
Omit the subclause.
Explanatory note
The proposed amendment omits a redundant subclause.
2.59 Motor Vehicles Taxation Act 1988 No 111
Section 19 (2) (a) and (3)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates references to repealed legislation.
2.60 Motor Vehicles (Third Party Insurance) Act 1942 No 15
Section 43
Omit the section.
Explanatory note
The proposed amendment omits a redundant section.
2.61 Mudgee Local Environmental Plan 1998
Clause 6 (1), definition of "veterinary clinic"
Omit "veterinary surgeon". Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates a reference.
2.62 Nambucca Local Environmental Plan 1995
Clause 5 (1)
Omit:
group home means a dwelling that is a permanent group home or
a transitional group home as defined in State Environmental
Planning Policy No 9--Group Homes.
Explanatory note
The proposed amendment omits a redundant definition.
Page 47
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
2.63 National Parks and Wildlife Regulation 2002
Clause 57H (3)
Omit "section". Insert instead "clause".
Explanatory note
The proposed amendment corrects a clause reference.
2.64 Native Vegetation Regulation 2005
Clause 3 (1), definition of "western coastal region"
Omit "Liverpool Plains Gloucester".
Insert instead "Liverpool Plains, Gloucester".
Explanatory note
The proposed amendment inserts missing punctuation.
2.65 New South Wales Retirement Benefits Act 1972 No 70
Schedule 2
Omit "state recreation area" from the First Column.
Insert instead "state conservation area".
Explanatory note
The proposed amendment updates a reference to the classification of land reserved
under the National Parks and Wildlife Act 1974.
2.66 Occupational Health and Safety Act 2000 No 40
Section 114 (2)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.67 Parking Space Levy Regulation 1997
Clause 6A, Table
Omit "Hollywood Av" from the matter relating to Grace Bros Department
Store, Bondi Junction in the column headed "Bounded generally by".
Insert instead "Hollywood Ave".
Explanatory note
The proposed amendment corrects a typographical error.
Page 48
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.68 Pawnbrokers and Second-hand Dealers Regulation 2003
Clause 25B
Omit "section 28A of the Local Courts (Civil Claims) Act 1970".
Insert instead "section 93 of the Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.69 Pesticides Act 1999 No 80
Sections 95 (3) and 97 (2)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates references to repealed legislation.
2.70 Pharmacy Practice Act 2006 No 59
Schedule 7.13 [2], proposed section 36AA (1) and (2) (a)
Omit "veterinary surgeon" wherever occurring.
Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates references.
2.71 Pipelines Regulation 2005
[1] Clauses 16 (2) (a) and (b) and 46 (3) (d)
Omit "AS 2885.1--1997" wherever occurring. Insert instead "AS 2885.1".
[2] Clauses 18, 26, 40 (a), (b) and (d), 41 (a), (c) and (d), 42 (a) and 46 (2) (d)
(ii) and (e)
Omit "AS 2885.3--2001" wherever occurring. Insert instead "AS 2885.3".
Explanatory note
The proposed amendments update references to standards.
Page 49
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
2.72 Poisons and Therapeutic Goods Regulation 2002
Clause 147 (3)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.73 Prevention of Cruelty to Animals Act 1979 No 200
Sections 12 (2A) and 24G (1) (b)
Omit "veterinary surgeon" wherever occurring.
Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates references.
2.74 Property, Stock and Business Agents Act 2002 No 66
Section 174 (5)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.75 Protection of the Environment Operations (Waste)
Regulation 2005
Schedule 1, Part 1
Omit "napthalenes". Insert instead "naphthalenes".
Explanatory note
The proposed amendment corrects a typographical error.
2.76 Rail Safety (Drug and Alcohol Testing) Regulation 2003
Clause 16 (1) (e)
Omit "the authorised officer". Insert instead "the testing officer".
Explanatory note
The proposed amendment corrects a reference.
Page 50
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.77 Residential Parks Regulation 2006
Schedule 5
Renumber item 5 where secondly occurring in the notes to Part 1 of the
agreement as item 5A.
Explanatory note
The proposed amendment corrects duplicate numbering.
2.78 Residential Tenancies Regulation 2006
Clause 3 (2)
Insert "(other than notes in the Schedules)" after "Regulation" where firstly
occurring.
Explanatory note
The proposed amendment clarifies the status of notes.
2.79 Road Transport (Heavy Vehicles Registration Charges) Act
1995 No 72
Section 34 (2) (a) and (3)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates references to repealed legislation.
2.80 Road Transport (Safety and Traffic Management) Act 1999
No 20
Section 33 (7)
Omit "is be taken". Insert instead "is taken".
Explanatory note
The proposed amendment omits a redundant word.
2.81 Road Transport (Vehicle Registration) Regulation 1998
Dictionary, definition of "effective range"
Omit "discernable". Insert instead "discernible".
Explanatory note
The proposed amendment corrects a typographical error.
Page 51
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
2.82 Roads Act 1993 No 33
Dictionary, definition of "public open space"
Omit "state recreation area" from paragraph (a).
Insert instead "state conservation area".
Explanatory note
The proposed amendment updates a reference to the classification of land reserved
under the National Parks and Wildlife Act 1974.
2.83 Rockdale Local Environmental Plan 2000
Part 7A, Division 1
Omit the note to the Division.
Explanatory note
The proposed amendment omits a redundant note.
2.84 State Authorities Non-contributory Superannuation Act
1987 No 212
Schedule 1, Part 1
Omit "State Recreation Area" wherever occurring.
Insert instead "State Conservation Area".
Explanatory note
The proposed amendment updates references to the classification of land reserved
under the National Parks and Wildlife Act 1974.
2.85 State Authorities Superannuation Act 1987 No 211
Schedule 1, Part 1
Omit "State Recreation Area" wherever occurring.
Insert instead "State Conservation Area".
Explanatory note
The proposed amendment updates references to the classification of land reserved
under the National Parks and Wildlife Act 1974.
Page 52
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.86 State Emergency and Rescue Management Act 1989 No 165
Section 60F (2)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.87 State Environmental Planning Policy (Building
Sustainability Index: BASIX) 2004
Clause 10
Omit ", as adopted by any environmental planning instrument,".
Explanatory note
The proposed amendment omits redundant words.
2.88 State Environmental Planning Policy (Major Projects) 2005
[1] Schedule 1, clause 26 (1) (a)
Omit "10,000 ep equivalent".
Insert instead "10,000 EP (equivalent population)".
[2] Schedule 6, Part 1, clause 2, note
Omit "Part 3". Insert instead "Part 5".
Explanatory note
Item [1] of the proposed amendments clarifies an abbreviation.
Item [2] corrects an incorrect cross reference.
2.89 State Environmental Planning Policy No 4--Development
Without Consent and Miscellaneous Exempt and Complying
Development
Clause 2 (7)
Insert after clause 2 (6):
(7) Notes included in this Policy do not form part of this Policy.
Explanatory note
The proposed amendment clarifies the status of notes.
Page 53
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
2.90 State Owned Corporations Act 1989 No 134
Section 20X (3)
Omit "or the consideration". Insert instead "of the consideration".
Explanatory note
The proposed amendment corrects a typographical error.
2.91 State Revenue Legislation Amendment (Tax Concessions)
Act 2006 No 87
Schedule 1 [4]
Omit "59 (1) (a)". Insert instead "59 (1) where firstly occurring".
Explanatory note
The proposed amendment corrects an incorrect incorporation direction.
2.92 Stock (Artificial Breeding) Act 1985 No 196
[1] Section 4 (1)
Omit the definition of veterinary surgeon. Insert instead:
veterinary practitioner has the same meaning as in the
Veterinary Practice Act 2003.
[2] Sections 10 (2) and 11
Omit "veterinary surgeon" wherever occurring.
Insert instead "veterinary practitioner".
Explanatory note
The proposed amendments update references.
2.93 Stock Diseases Amendment (Artificial Breeding) Act 2004
No 35
Schedule 1 [19], proposed section 9 (2A)
Omit "veterinary surgeon". Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates a reference.
Page 54
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.94 Stock Diseases Regulation 2004
Clause 23 (2)
Omit "veterinary surgeon". Insert instead "veterinary practitioner".
Explanatory note
The proposed amendment updates a reference.
2.95 Stock Medicines Regulation 2005
[1] Clauses 4 (2) and 7 (1)
Omit "veterinary surgeons" wherever occurring.
Insert instead "veterinary practitioners".
[2] Clause 7 (1) (g) and (2) and note
Omit "veterinary surgeon" wherever occurring.
Insert instead "veterinary practitioner".
Explanatory note
The proposed amendments update references.
2.96 Strata Schemes Management Act 1996 No 138
Section 205 (2) and (4)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates references to repealed legislation.
2.97 Superannuation Act 1916 No 28
Schedules 3 and 26
Omit "State Recreation Area" wherever occurring in Part 1 of each Schedule.
Insert instead "State Conservation Area".
Explanatory note
The proposed amendment updates references to the classification of land reserved
under the National Parks and Wildlife Act 1974.
Page 55
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
2.98 Surveying Act 2002 No 83
Sections 13 (3) and 24 (3)
Omit "Local Courts (Civil Claims) Act 1970" wherever occurring.
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates references to repealed legislation.
2.99 Sydney Local Environmental Plan 2005
Clauses 43 (8) and (9), 45 (3) and 46 (1)
Insert the words "Central Sydney" before "Site Identification Map" wherever
occurring.
Explanatory note
The proposed amendment corrects references to a map.
2.100 Sydney Turf Club Act 1943 No 22
Section 31
Omit the section.
Explanatory note
The proposed amendment omits a redundant section.
2.101 Sydney Water Regulation 2006
Clause 8 (1)
Omit "uncondtionally". Insert instead "unconditionally".
Explanatory note
The proposed amendment corrects a typographical error.
2.102 Transport Administration Act 1988 No 109
Section 45DA (3), definition of "authorised person"
Omit "section 65F (1)" from paragraph (a).
Insert instead "section 59 (1)".
Explanatory note
The proposed amendment corrects a cross-reference.
Page 56
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
2.103 Trustee Act 1925 No 14
Section 106
Omit the section.
Explanatory note
The proposed amendment omits a redundant section.
2.104 Trustee Companies Act 1964 No 6
[1] Second Schedule
Omit "Trust Company of Australia Limited".
Insert instead "Trust Company Limited".
[2] Third Schedule, First Part
Omit "Trust Company of Australia Limited".
Insert instead "Trust Company Limited".
Explanatory note
The proposed amendments are consequential on the change of name of a company.
2.105 Trustee Companies Regulation 2005
Clause 7 (2) (f)
Omit "Trust Company of Australia Limited".
Insert instead "Trust Company Limited".
Explanatory note
The proposed amendment is consequential on the change of name of a company.
2.106 Uncollected Goods Act 1995 No 68
Section 17 (2) and (3)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates references to repealed legislation.
Page 57
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 2 Amendments by way of statute law revision
2.107 Uniform Civil Procedure Rules 2005
Schedule 8, Part 1
Omit "Mutual Recognition (New South Wales) 1992".
Insert instead "Mutual Recognition (New South Wales) Act 1992".
Explanatory note
The proposed amendment corrects a citation.
2.108 Veterinary Practice Regulation 2006
Schedule 1
Omit "capacity to practice". Insert instead "capacity to practise".
Explanatory note
The proposed amendment corrects a typographical error.
2.109 Victims Support and Rehabilitation Act 1996 No 115
Section 54 (4)
Omit "Local Courts (Civil Claims) Act 1970".
Insert instead "Civil Procedure Act 2005".
Explanatory note
The proposed amendment updates a reference to repealed legislation.
2.110 Warringah Local Environmental Plan 2000
Appendix B
Insert "and" at the end of paragraph (a) under the headings "BUILT FORM"
and "Housing density" in relation to the localities B3 Oxford
Heights/Carnarvon Drive and B8 Red Hill.
Explanatory note
The proposed amendment inserts missing conjunctions.
2.111 Water Sharing Plan for the Upper and Lower Namoi
Groundwater Sources 2003
[1] Clause 25D (2)
Renumber paragraph (b) where secondly occurring as paragraph (c).
[2] Clause 25D (7)
Renumber paragraph (h) where secondly occurring as paragraph (h1).
Page 58
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments by way of statute law revision Schedule 2
[3] Clause 37 (2)
Omit "subsclause (1)". Insert instead "subclause (1)".
Explanatory note
Items [1] and [2] of the proposed amendments correct duplicate numbering.
Item [3] of the proposed amendments corrects a typographical error.
Page 59
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
Schedule 3 Amendments consequential on the
enactment of the Legal Profession Act
2004 No 112
(Section 3)
Explanatory note
The Legal Profession Act 2004 introduced new terms to distinguish between different
types of lawyers. In particular, that Act introduced the concept of an Australian lawyer
(a person who is admitted to the legal profession under that Act or a corresponding law)
and an Australian legal practitioner (an Australian lawyer who holds a current local
practising certificate or a current interstate practising certificate). The proposed
amendments in Schedule 3 replace references in various Acts to a legal practitioner,
solicitor, barrister, lawyer, counsel or attorney with the appropriate term for these
positions following the enactment of the Legal Profession Act 2004. The proposed
amendments also replace references to the Legal Profession Act 1987 (now repealed)
with references to the Legal Profession Act 2004. Currently, the meanings of
Australian legal practitioner and Australian lawyer are contained in the
Interpretation Act 1987 for ease of reference in other Acts.
3.1 Agricultural Tenancies Act 1990 No 64
[1] Section 26I Arbitrators
Omit "a legal practitioner within the meaning of the Legal Profession Act
1987" wherever occurring in section 26I (2) and (4) (a).
Insert instead "an Australian lawyer".
[2] Section 28 Service of documents
Omit "a solicitor or agent" from section 28 (2).
Insert instead "an Australian legal practitioner, or an agent,".
3.2 Children (Criminal Proceedings) Act 1987 No 55
[1] Section 13 Admissibility of certain statements etc
Omit "a barrister or solicitor" from section 13 (1) (a) (iv).
Insert instead "an Australian legal practitioner".
[2] Section 50A Procedures for remitting cases from one court to another
Omit "barrister or solicitor" from section 50A (2) (c).
Insert instead "Australian legal practitioner".
Page 60
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
3.3 Civil Procedure Act 2005 No 28
Section 8 Uniform Rules Committee
Omit "practising" wherever occurring in section 8 (1) (h) and (i).
3.4 Commercial Vessels Act 1979 No 41
Section 34 Appearances at hearing of appeal
Omit "solicitor or by counsel" from section 34 (b).
Insert instead "Australian legal practitioner".
3.5 Consumer, Trader and Tenancy Tribunal Act 2001 No 82
[1] Section 4 Definitions
Omit the definition of legal practitioner from section 4 (1).
[2] Section 8 Qualifications of members
Omit "a legal practitioner or is qualified to be admitted as a legal practitioner"
from section 8 (1).
Insert instead "an Australian lawyer".
3.6 Crimes Act 1900 No 40
[1] Section 4 Definitions
Omit the definition of Counsel from section 4 (1).
[2] Section 60AA Meaning of "law enforcement officer"
Omit "a solicitor" from paragraph (m) of the definition of law enforcement
officer.
Insert instead "an Australian legal practitioner".
[3] Section 579 Evidence of proceedings dealt with by way of recognizance
after 15 years
Omit "counsel, attorney or agent" wherever occurring in section 579 (1)
and (2).
Insert instead "Australian legal practitioner, his or her agent".
Page 61
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
3.7 Criminal Procedure Act 1986 No 209
[1] Section 3 (1), definitions of "accused person" and "prosecutor",
sections 36 (1), 72 (1) and 132 (1) (b)
Omit "a barrister or solicitor" wherever occurring.
Insert instead "an Australian legal practitioner".
[2] Sections 16 (1) (i), 136 (4), 265 (1A), 276 (c) and 281A (2)
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
[3] Sections 16 (1) (i), 137 (3) and 143 (4) (b), (c) and (d)
Omit "the legal practitioner" wherever occurring.
Insert instead "the Australian legal practitioner".
[4] Section 37 Conduct of case
Omit "barrister or solicitor" wherever occurring in section 37 (1) and (2).
Insert instead "Australian legal practitioner".
[5] Section 89 Notice of rights to unrepresented accused person
Omit "a barrister or a solicitor" from section 89 (1).
Insert instead "an Australian legal practitioner".
[6] Section 124 Liaison
Omit "lawyers". Insert instead "Australian legal practitioners".
[7] Sections 143 (2), 150 (6) and 151 (4)
Omit "his or her legal practitioner" wherever occurring.
Insert instead "his or her Australian legal practitioner".
[8] Section 149 Miscellaneous provisions
Omit "the rules of practice of barristers or solicitors" from section 149 (5).
Insert instead "the legal profession rules made under Part 7.5 of the Legal
Profession Act 2004".
[9] Sections 159 (1) and (3), 160 (1), 285 (1) (c) and (4), 292 (2), 306B (7), 306C
and 306F
Omit "his or her counsel" wherever occurring.
Page 62
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
Insert instead "his or her Australian legal practitioner".
[10] Section 276 Proof of service of notice to produce
Omit "legal practitioner's clerk" from section 276 (c).
Insert instead "Australian legal practitioner's clerk".
[11] Section 279 Compellability of spouses to give evidence in certain
proceedings
Omit "counsel" from section 279 (6).
Insert instead "Australian legal practitioner".
[12] Sections 285 (1) (c) and (5) and 294A (1)
Omit "by counsel" wherever occurring.
Insert instead "by an Australian legal practitioner".
3.8 District Court Act 1973 No 9
[1] Section 4 Definitions: general
Omit the definitions of barrister and solicitor from section 4 (1).
[2] Section 13 Appointment and qualifications of Judges
Omit "a legal practitioner" from paragraph (a) of the definition of qualified
person in section 13 (2).
Insert instead "an Australian lawyer".
[3] Section 18B Composition of the Rule Committee
Omit section 18B (9). Insert instead:
(9) In this section and in section 18BA:
barrister has the same meaning as in the Legal Profession Act
2004.
solicitor has the same meaning as in the Legal Profession Act
2004.
Page 63
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
[4] Section 18FA Appointment and qualifications of Judicial Registrar
Omit ", or is eligible to be, admitted as a legal practitioner of any court of a
State or Territory or of the High Court" from section 18FA (2).
Insert instead "an Australian lawyer".
[5] Section 161 Civil procedure rules
Omit "solicitor" wherever occurring in section 161 (2) (z).
Insert instead "Australian legal practitioner".
[6] Section 161 (6)
Omit "Part 11 of the Legal Profession Act 1987".
Insert instead "Part 3.2 of the Legal Profession Act 2004".
[7] Section 171 Criminal procedure rules
Omit "a solicitor" from section 171 (2) (k) (i).
Insert instead "an Australian legal practitioner".
[8] Section 171 (2) (k)
Omit "the solicitor" wherever occurring.
Insert instead "the Australian legal practitioner".
[9] Section 171 (2) (k) (i)
Omit "the solicitor's client".
Insert instead "the Australian legal practitioner's client".
3.9 Dust Diseases Tribunal Act 1989 No 63
[1] Section 3 Definitions
Omit the definitions of barrister and solicitor from section 3 (1).
Insert instead:
barrister has the same meaning as in the Legal Profession Act
2004.
solicitor has the same meaning as in the Legal Profession Act
2004.
[2] Section 32H Regulations to promote claims resolution
Omit "a legal practitioner" from section 32H (2) (h).
Insert instead "an Australian legal practitioner".
Page 64
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
[3] Section 32I Information about claims
Omit "A legal practitioner" from section 32I (1).
Insert instead "An Australian legal practitioner".
[4] Section 32I (3) and (4)
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
[5] Section 32I (3)
Omit "the legal practitioner".
Insert instead "the Australian legal practitioner".
3.10 Government and Related Employees Appeal Tribunal Act
1980 No 39
[1] Section 7 Senior Chairperson
Omit "a legal practitioner" from section 7 (2) (b).
Insert instead "an Australian lawyer".
[2] Section 13 Constitution of the Tribunal
Omit "a legal practitioner within the meaning of the Legal Profession Act 1987
or a person qualified to be admitted as such a legal practitioner" from section
13 (2).
Insert instead "an Australian lawyer".
[3] Section 37 Provisions relating to informal sittings
Omit "counsel, solicitor or agent" from section 37 (3).
Insert instead "an Australian legal practitioner or an agent".
[4] Section 38 Provisions relating to formal sittings
Omit "counsel or a solicitor" wherever occurring in section 38 (4).
Insert instead "an Australian legal practitioner".
3.11 Home Building Act 1989 No 147
[1] Sections 7BA (4) and (5) (d) and 16DBA (4) and (5) (d)
Omit "legal practitioner" wherever occurring.
Insert instead "Australian legal practitioner".
Page 65
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
[2] Sections 7BA (5) (b), 16DBA (5) (b), 95 (4A) (b), 96 (3B) (b) and 96A
(3A) (b)
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
[3] Sections 7BA (5) (b) (ii) and (iii) and 16DBA (5) (b) (ii) and (iii)
Omit "other legal practitioner" wherever occurring.
Insert instead "other Australian legal practitioner".
[4] Section 103Z Guarantee Corporation may take certain legal proceedings
Omit "counsel or agent" from section 103Z (1).
Insert instead "an Australian legal practitioner or an agent".
[5] Section 115D Membership of Advisory Council
Omit "legal practitioner" from section 115D (1) (i).
Insert instead "Australian lawyer".
3.12 Independent Commission Against Corruption Act 1988
No 35
[1] Section 3 Definitions
Omit the definition of legal practitioner from section 3 (1).
[2] Sections 31 (10), 33 (1), 37 (5) (a) and (b), 80 (a) (iii) and (iv), 98 (d) (ii) and
(iv), 106, 111 (1) (b) and 113 (1) (b) and (4)
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
[3] Sections 33 (3), 34 (1) and 109 (3)
Omit "A legal practitioner" wherever occurring.
Insert instead "An Australian legal practitioner".
[4] Section 34 Examination and cross-examination
Omit "person's legal practitioner" from section 34 (1).
Insert instead "person's Australian legal practitioner".
Page 66
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
[5] Section 37 Privilege as regards answers, documents etc
Omit "the legal practitioner" from section 37 (5).
Insert instead "the Australian legal practitioner".
[6] Section 109 Protection from liability
Insert "(within the meaning of the Legal Profession Act 2004)" after
"barrister" in section 109 (3).
[7] Section 111 Secrecy
Omit "the legal practitioner's" from section 111 (1) (b).
Insert instead "the Australian legal practitioner's".
3.13 Industrial Relations Act 1996 No 17
[1] Sections 90B (c), 166 (1) and (2), 167 (4), 354 (1) and (2) and 379 (5), (6)
and (7)
Omit "a practising legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
[2] Section 149 Judicial members
Omit "a legal practitioner" from section 149 (2) (b).
Insert instead "an Australian lawyer".
[3] Sections 166 (3) and (4) and 354 (3)
Omit "the practising legal practitioner" wherever occurring.
Insert instead "the Australian legal practitioner".
[4] Section 181 Costs
Omit "Division 6 of Part 11 of the Legal Profession Act 1987" from section
181 (1) (d).
Insert instead "Division 11 of Part 3.2 of the Legal Profession Act 2004".
[5] Section 406A (1), definition of "costs agreement" and (3) and Dictionary,
definition of "industrial agent"
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
[6] Dictionary, definition of "practising legal practitioner"
Omit the definition.
Page 67
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
3.14 Land and Environment Court Act 1979 No 204
[1] Section 8 Appointment and qualifications of Judges
Omit "a legal practitioner" from section 8 (2) (c).
Insert instead "an Australian lawyer".
[2] Section 63 Right of appearance
Omit "a barrister or solicitor".
Insert instead "an Australian legal practitioner".
[3] Section 64 Appearance by the Crown
Omit "counsel, solicitor or agent" wherever occurring in section 64 (2)
and (3).
Insert instead "an Australian legal practitioner or an agent".
[4] Section 69 Costs
Omit "Division 6 of Part 11 of the Legal Profession Act 1987" from section 69
(2) (c).
Insert instead "Division 11 of Part 3.2 of the Legal Profession Act 2004".
[5] Section 69AA Costs--liability of solicitor
Omit "Legal Profession Act 1987" from section 69AA (2).
Insert instead "Legal Profession Act 2004".
[6] Section 74 Rules
Omit "Part 11 of the Legal Profession Act 1987" from section 74 (6).
Insert instead "Part 3.2 of the Legal Profession Act 2004".
3.15 Local Courts Act 1982 No 164
[1] Section 12 Appointment of, and qualifications for, Magistrates
Omit section 12 (2). Insert instead:
(2) A person is qualified to be appointed as a Magistrate if the person
is an Australian lawyer.
Page 68
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
[2] Section 29 Definitions
Omit the definitions of barrister and solicitor.
Insert instead in alphabetical order:
barrister has the same meaning as in the Legal Profession Act
2004.
solicitor has the same meaning as in the Legal Profession Act
2004.
[3] Section 76 Appointment of, and qualifications for, Assessors
Omit section 76 (3). Insert instead:
(3) A person is qualified to be appointed as an Assessor if the person
is an Australian lawyer.
3.16 Motor Accidents Compensation Act 1999 No 41
[1] Sections 104 (2) and (4) and 149 (3)
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
[2] Section 121 Regulation of advertising and other marketing of services
Omit "a legal practitioner or agent" from section 121 (1) (a).
Insert instead "an Australian legal practitioner or an agent".
[3] Section 121 (2)
Omit "Legal Profession Act 1987".
Insert instead "Legal Profession Act 2004".
[4] Section 147 Definitions
Omit "Part 11 (Legal fees and other costs) of the Legal Profession Act 1987"
from section 147 (2).
Insert instead "Part 3.2 (Costs disclosure and assessment) of the Legal
Profession Act 2004".
[5] Section 147, note
Omit the note. Insert instead:
Note. Under the Legal Profession Act 2004, legal costs include
Australian legal practitioners' fees as well as other items that may be
charged by Australian legal practitioners (such as expenses and
disbursements) but do not include interest.
Page 69
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
[6] Section 149 Regulations fixing maximum costs recoverable by
Australian legal practitioners
Omit "A legal practitioner" from section 149 (2).
Insert instead "An Australian legal practitioner".
[7] Section 149 (4)
Omit "Legal Profession Act 1987 (in particular section 196 of that Act) and the
regulations under that Act. An assessment under Division 6 of Part 11 of that
Act".
Insert instead "Legal Profession Act 2004 (in particular section 329 of that
Act) and the regulations under that Act. An assessment under Division 11 of
Part 3.2 of that Act".
[8] Section 153 Other matters relating to costs
Omit "Legal Profession Act 1987" from section 153 (3).
Insert instead "Legal Profession Act 2004".
[9] Section 195 Nominal Defendant may take certain legal proceedings
Omit "counsel or agent" from section 195 (1).
Insert instead "an Australian legal practitioner or an agent".
[10] Section 208 Membership and procedure of Council
Omit "legal practitioners" from section 208 (1) (d).
Insert instead "Australian lawyers".
3.17 Motor Dealers Act 1974 No 52
[1] Section 29CA Cooling off period
Omit "solicitor or barrister" from section 29CA (9).
Insert instead "Australian legal practitioner".
[2] Sections 38C (b) and 38N (9) (b) and (10) (b)
Omit "counsel or solicitor" wherever occurring.
Insert instead "an Australian legal practitioner".
[3] Section 38E Duty of administrator to administer the affairs and property
of holder of licence etc
Omit "a barrister or solicitor" from section 38E (8) (c).
Insert instead "an Australian legal practitioner".
Page 70
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
[4] Section 55 Proceedings
Omit "counsel or attorney" from section 55 (4).
Insert instead "Australian legal practitioner".
3.18 Motor Vehicle Repairs Act 1980 No 71
Section 87 Proceedings
Omit "a barrister or solicitor" from section 87 (4).
Insert instead "an Australian legal practitioner".
3.19 Oaths Act 1900 No 20
[1] Section 21 Declarations in cases not specifically provided for
Omit "legal practitioner" from section 21 (1).
Insert instead "Australian legal practitioner".
[2] Section 27 Authority to take and receive affidavits
Omit section 27 (1). Insert instead:
(1) An Australian legal practitioner is, except in so far as the Chief
Justice of the Supreme Court by order under his or her hand
otherwise directs, authorised to take and receive, subject to
subsection (4), affidavits concerning any matter within the
jurisdiction of any court or required for the purpose of registering
an instrument in New South Wales or for any other purpose to be
effected in New South Wales.
[3] Section 27 (3) and (5)
Omit the subsections.
[4] Section 27 (4)
Omit "a legal practitioner".
Insert instead "an Australian legal practitioner".
3.20 Optical Dispensers Act 1963 No 35
Section 25 Removal of name on account of misconduct
Omit "counsel" from section 25 (3).
Insert instead "an Australian legal practitioner".
Page 71
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
3.21 Parliamentary Electorates and Elections Act 1912 No 41
[1] Section 171 Australian legal practitioner
Omit "counsel or solicitor" from section 171 (1).
Insert instead "an Australian legal practitioner".
[2] Section 171 (2)
Omit "one counsel or one solicitor".
Insert instead "one Australian legal practitioner".
3.22 Prices Regulation Act 1948 No 26
Section 8E Parties to inquiries
Omit ", counsel or solicitor" from section 8E (3).
Insert instead "or Australian legal practitioner".
3.23 Registration of Interests in Goods Act 1986 No 37
[1] Section 8 Search certificates and notice
Omit "solicitor or agent" from section 8 (3).
Insert instead "Australian legal practitioner or the agent".
[2] Section 19 Proceedings
Omit "counsel or attorney" from section 19 (3) (b).
Insert instead "an Australian legal practitioner".
3.24 Strata Schemes Management Act 1996 No 138
[1] Section 193 Representation before the Tribunal
Omit "counsel or solicitor" from section 193 (2).
Insert instead "an Australian legal practitioner".
[2] Section 194 Intervention by Director-General
Omit "barrister, solicitor or agent" from section 194 (3).
Insert instead "an Australian legal practitioner or an agent".
Page 72
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
[3] Section 230A Disclosure of matters relating to legal costs
Omit "Division 2 of Part 11 of the Legal Profession Act 1987".
Insert instead "Division 3 of Part 3.2 of the Legal Profession Act 2004".
3.25 Supreme Court Act 1970 No 52
[1] Section 26 Appointment and qualifications: Chief Justice and other
Judges
Omit "a legal practitioner" from section 26 (2) (b).
Insert instead "an Australian lawyer".
[2] Section 111 Appointment of associate Judges and acting associate
Judges
Omit "a legal practitioner" from section 111 (3) (b).
Insert instead "an Australian lawyer".
[3] Section 123 Rule Committee
Omit the definitions of barrister and solicitor from section 123 (2A).
Insert instead:
barrister has the same meaning as in the Legal Profession Act
2004.
solicitor has the same meaning as in the Legal Profession Act
2004.
3.26 Thoroughbred Racing Act 1996 No 37
Sections 45 (3), 46 (1) and 47 (3)
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian lawyer".
Page 73
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 4 Repeals
Schedule 4 Repeals
(Section 4)
Name of Act Extent of repeal
Air Transport Amendment Act 2006 No 21 Whole Act1
Appropriation (Budget Variations) Act 2005 No 23 Whole Act3
Appropriation (Parliament) Act 2004 No 61 Whole Act3
Appropriation (Parliament) Act 2005 No 39 Whole Act3
Appropriation (Special Offices) Act 2005 No 40 Whole Act3
Civil Procedure Act 2005 No 28 Section 6 (2) and Schedule 52
Commission for Children and Young People Amendment Schedule 1 [4]-[8], [11],
Act 2005 No 108 [15]-[18], [38], [44], [50],
[52], [54] and [55]2
Compulsory Drug Treatment Correctional Centre Whole Act1
Act 2004 No 42
Constitution Amendment (Pledge of Loyalty) Act 2006 Whole Act1
No 6
Crimes (Administration of Sentences) Amendment (Parole) Whole Act1
Act 2004 No 94
Crimes and Courts Legislation Amendment Act 2005 Whole Act1
No 103
Drug Misuse and Trafficking Amendment Act 2006 No 39 section 4, Schedule 1
[1]-[15], [17]-[19], [21], [23]
and [26] and Schedule 22
Environmental Planning and Assessment Amendment Whole Act1
Act 2006 No 8
Fines Amendment (Payment of Victims Compensation Whole Act1
Levies) Act 2006 No 9
Fisheries Management Amendment Act 2006 No 18 Schedule 1 [1]-[5], [8], [10],
[11], [14]-[16], [19], [21],
[28]-[36] and [38]2
Governor General's Residence (Grant) Amendment Whole Act1
Act 2006 No 3
Page 74
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Repeals Schedule 4
Name of Act Extent of repeal
Greek Orthodox Archdiocese of Australia Consolidated Whole Act1
Trust Amendment (Duties) Act 2006 No 10
Home Building Amendment Act 2004 No 101 Whole Act1
Industrial Relations Amendment Act 2006 No 1 Whole Act1
Land Tax Management Amendment (Tax Threshold) Whole Act1
Act 2006 No 11
Local Government Amendment (Stormwater) Act 2005 Whole Act1
No 70
National Parks and Wildlife Amendment Act 2001 No 130 Schedule 12
National Parks and Wildlife Amendment (Jenolan Caves Schedule 1 [1]-[19] and
Reserves) Act 2005 No 83 [21]-[27] and Schedule 2.4
and 2.4A2
Prevention of Cruelty to Animals Amendment Act 2005 Whole Act1
No 50
Prisoners (Interstate Transfer) Amendment Act 2005 Whole Act1
No 21
Public Sector Employment Legislation Amendment Whole Act1
Act 2006 No 2
Residential Parks Amendment (Statutory Review) Act 2005 Schedule 1 [1]-[14] and
No 117 [18]-[68]2
Rice Marketing Amendment (Prevention of National Whole Act1
Competition Policy Penalties) Act 2005 No 97
Rural Workers Accommodation Amendment Act 2005 Whole Act1
No 37
State Revenue Legislation Further Amendment Act 2005 Whole Act1
No 111
Sydney Opera House Act 1960 No 29 Whole Act3
Threatened Species Legislation Amendment Act 2004 Whole Act1
No 88
Transport Administration Amendment (Public Transport Whole Act1
Ticketing Corporation) Act 2006 No 5
Page 75
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 4 Repeals
Name of Act Extent of repeal
Transport Legislation Amendment (Waterfall Rail Inquiry Whole Act1
Recommendations) Act 2005 No 55
Veterinary Practice Act 2003 No 87 Section 105 and Schedule 32
Key
1 indicates repeal of a whole Act that contains only amendments, or amendments and
repeals, that have commenced and provisions that are redundant
2 indicates repeal of those provisions of an Act that contain only amendments, or
amendments and repeals, that have commenced or are redundant
3 indicates repeal of an Act that is redundant
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 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) of that Act 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 amendment or validation made by the Act,
(d) the operation of any savings or transitional provision contained in the Act.
Page 76
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
General savings, transitional and other provisions Schedule 5
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 (whether or not the
amending provision has been repealed).
(2) In this clause:
amending provision means a provision of an Act 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.
Explanatory note
This clause ensures that certain amendments, including amendments correcting errors
in 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
be taken to have commenced 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 an instrument, or
(b) repeals and re-enacts (with or without modification) a provision
of an Act or an instrument,
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 provided, vitiate any act done or decision made under the provision as in
force before the amendment or repeal.
Page 77
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 5 General savings, transitional and other provisions
3 Application of Interpretation Act 1987 to amendments to statutory rules
Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to
any amendments to statutory rules made by this Act.
Explanatory note
This clause makes it clear that certain provisions concerning the making, tabling and
disallowance of statutory rules do not apply to amendments to statutory rules made by
the proposed Act.
4 Effect of amendment on instruments
(1) Except where expressly provided to the contrary, any instrument made
under an Act amended by this Act, that is in force immediately before
the commencement of the amendment, is taken to have been made
under the Act as amended.
(2) The amendment of an instrument by this Act does not prevent its later
amendment or repeal by another instrument.
Explanatory note
Subclause (1) ensures that, unless expressly provided, any instrument, that is in force
and made under a provision of an Act that is amended or substituted by the proposed
Act, will be taken to have been made under the Act as amended.
Subclause (2) ensures that the amendment of an instrument by the proposed Act does
not prevent its later amendment or repeal by another instrument.
5 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 78
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Notes Schedule 5
Notes
Index of Acts and instruments amended by Schedules 1-3
Access to Neighbouring Land Act 2000 No 2--Schedule 2
Agricultural Tenancies Act 1990 No 64--Schedule 3
Animal Research Regulation 2005--Schedule 2
Apprenticeship and Traineeship Regulation 2005--Schedule 2
Architects Regulation 2004--Schedule 2
Associations Incorporation Act 1984 No 143--Schedule 2
Australian Museum Trust Act 1975 No 95--Schedule 1
Bail Act 1978 No 161--Schedule 2
Blacktown Local Environmental Plan 1988--Schedule 2
Blue Mountains Local Environmental Plan 2005--Schedule 2
Botany Local Environmental Plan 1995--Schedule 2
Camden Local Environmental Plan No 45--Schedule 2
Cessnock Local Environmental Plan 1989--Schedule 2
Children (Criminal Proceedings) Act 1987 No 55--Schedule 3
Children (Interstate Transfer of Offenders) Act 1988 No 85--Schedule 1
Civil Liability Act 2002 No 22--Schedule 2
Civil Procedure Act 2005 No 28--Schedule 3
Cobar Local Environmental Plan 2001--Schedule 2
Commercial Agents and Private Inquiry Agents Act 2004 No 70--Schedule 1
Commercial Vessels Act 1979 No 41--Schedule 3
Commission for Children and Young People Amendment Act 2005 No 108--
Schedule 1
Community Land Management Act 1989 No 202--Schedule 2
Companion Animals Act 1998 No 87--Schedule 2
Consumer, Trader and Tenancy Tribunal Act 2001 No 82--Schedule 3
Contaminated Land Management Act 1997 No 140--Schedule 1
Conveyancing Act 1919 No 6--Schedule 1
Conveyancing (General) Regulation 2003--Schedule 2
Co-operatives Act 1992 No 18--Schedule 1
Crimes Act 1900 No 40--Schedule 3
Crimes Amendment (Apprehended Violence) Act 2006 No 73--Schedule 2
Criminal Procedure Act 1986 No 209--Schedules 1 and 3
Page 79
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 5 Notes
Crown Lands Act 1989 No 6--Schedule 1
Crown Lands (Continued Tenures) Act 1989 No 7--Schedule 2
Crown Lands (General Reserves) By-law 2006--Schedule 2
Crown Lands Regulation 2006--Schedule 2
District Court Act 1973 No 9--Schedules 2 and 3
District Court Rules 1973--Schedule 2
Drug Misuse and Trafficking Act 1985 No 226--Schedule 2
Dubbo Local Environmental Plan 1998--Urban Areas--Schedule 2
Dungog Local Environmental Plan 2006--Schedule 2
Dust Diseases Tribunal Act 1989 No 63--Schedule 3
Environmental Planning and Assessment Regulation 2000--Schedule 2
Fair Trading (General) Regulation 2002--Schedule 2
Farm Produce Act 1983 No 30--Schedule 2
Film and Television Office Act 1988 No 18--Schedule 1
Financial Sector Reform (Savings and Transitional) Regulation 1999--Schedule 2
Fire Brigades Act 1989 No 192--Schedule 2
First State Superannuation Act 1992 No 100--Schedule 2
Fisheries Management Act 1994 No 38--Schedule 1
Fisheries Management (Lobster Share Management Plan) Regulation 2000--
Schedule 2
Food Act 2003 No 43--Schedule 1
Forbes Local Environmental Plan 1986--Schedule 2
Funeral Funds Act 1979 No 106--Schedule 1
Gaming Machines Act 2001 No 127--Schedule 2
Government and Related Employees Appeal Tribunal Act 1980 No 39--Schedule 3
Grain Marketing Act 1991 No 15--Schedule 2
Growth Centres (Development Corporations) Act 1974 No 49--Schedule 1
Gunnedah Local Environmental Plan 1998--Schedule 2
Hawkesbury Local Environmental Plan 1989--Schedule 2
Health Services Regulation 2003--Schedule 2
Historic Houses Act 1980 No 94--Schedule 1
Home Building Act 1989 No 147--Schedule 3
Impounding Act 1993 No 31--Schedule 2
Independent Commission Against Corruption Act 1988 No 35--Schedules 2 and 3
Page 80
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Notes Schedule 5
Industrial Relations Act 1996 No 17--Schedule 3
Infants' Custody and Settlements Act 1899 No 39--Schedule 2
Judicial Officers Act 1986 No 100--Schedule 2
Jury Act 1977 No 18--Schedule 2
and and Environment Court Act 1979 No 204--Schedule 3
andlord and Tenant (Amendment) Act 1948 No 25--Schedule 1
andlord and Tenant (Rental Bonds) Act 1977 No 44--Schedule 1
aw Enforcement and National Security (Assumed Identities) Act 1998 No 154--
Schedule 2
aw Enforcement and National Security (Assumed Identities) Regulation 2004--
Schedule 2
aw Reform (Miscellaneous Provisions) Act 1946 No 33--Schedule 2
eeton Local Environmental Plan No 4--Schedule 2
egal Profession Act 2004 No 112--Schedule 2
ibrary Act 1939 No 40--Schedule 1
iquor Act 1982 No 147--Schedule 2
ismore Local Environmental Plan 2000--Schedule 2
ocal Courts Act 1982 No 164--Schedule 3
ong Service Leave (Metalliferous Mining Industry) Act 1963 No 48--Schedule 2
Marine Pilotage Licensing Act 1971 No 56--Schedule 2
Meat Industry Act 1978 No 54--Schedule 2
Mine Safety (Cost Recovery) Act 2005 No 116--Schedule 1
Mining Act 1992 No 29--Schedule 2
Moratorium Act 1932 No 57--Schedule 2
Moree Plains Local Environmental Plan 1995--Schedule 2
Motor Accidents Compensation Act 1999 No 41--Schedule 3
Motor Dealers Act 1974 No 52--Schedule 3
Motor Dealers Regulation 2004--Schedule 2
Motor Vehicle Repairs Act 1980 No 71--Schedule 3
Motor Vehicle Repairs Regulation 1999--Schedule 2
Motor Vehicles Taxation Act 1988 No 111--Schedule 2
Motor Vehicles (Third Party Insurance) Act 1942 No 15--Schedule 2
Mudgee Local Environmental Plan 1998--Schedule 2
Museum of Applied Arts and Sciences Act 1945 No 31--Schedule 1
Nambucca Local Environmental Plan 1995--Schedule 2
Page 81
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 5 Notes
National Parks and Wildlife Act 1974 No 80--Schedule 1
National Parks and Wildlife Regulation 2002--Schedule 2
Native Vegetation Regulation 2005--Schedule 2
New South Wales Retirement Benefits Act 1972 No 70--Schedule 2
Oaths Act 1900 No 20--Schedule 3
Occupational Health and Safety Act 2000 No 40--Schedule 2
Optical Dispensers Act 1963 No 35--Schedule 3
Parking Space Levy Regulation 1997--Schedule 2
Parliamentary Electorates and Elections Act 1912 No 41--Schedule 3
Pawnbrokers and Second-hand Dealers Regulation 2003--Schedule 2
Pesticides Act 1999 No 80--Schedule 2
Pharmacy Practice Act 2006 No 59--Schedule 2
Pipelines Regulation 2005--Schedule 2
Poisons and Therapeutic Goods Regulation 2002--Schedule 2
Prevention of Cruelty to Animals Act 1979 No 200--Schedule 2
Prices Regulation Act 1948 No 26--Schedule 3
Property, Stock and Business Agents Act 2002 No 66--Schedule 2
Protection of the Environment Operations Act 1997 No 156--Schedule 1
Protection of the Environment Operations (Waste) Regulation 2005--Schedule 2
Public Sector Employment and Management Act 2002 No 43--Schedule 1
Rail Safety (Drug and Alcohol Testing) Regulation 2003--Schedule 2
Real Property Act 1900 No 25--Schedule 1
Registration of Interests in Goods Act 1986 No 37--Schedule 3
Residential Parks Regulation 2006--Schedule 2
Residential Tenancies Act 1987 No 26--Schedule 1
Residential Tenancies Regulation 2006--Schedule 2
Road Transport (Heavy Vehicles Registration Charges) Act 1995 No 72--
Schedule 2
Road Transport (Safety and Traffic Management) Act 1999 No 20--Schedule 2
Road Transport (Vehicle Registration) Regulation 1998--Schedule 2
Roads Act 1993 No 33--Schedule 2
Rockdale Local Environmental Plan 2000--Schedule 2
Royal Commissions Act 1923 No 29--Schedule 1
Page 82
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Notes Schedule 5
Security Industry Act 1997 No 157--Schedule 1
Security Industry Amendment Act 2005 No 63--Schedule 1
Special Commissions of Inquiry Act 1983 No 90--Schedule 1
State Authorities Non-contributory Superannuation Act 1987 No 212--Schedule 2
State Authorities Superannuation Act 1987 No 211--Schedule 2
State Emergency and Rescue Management Act 1989 No 165--Schedule 2
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004--
Schedule 2
State Environmental Planning Policy (Major Projects) 2005--Schedule 2
State Environmental Planning Policy No 4--Development Without Consent and
Miscellaneous Exempt and Complying Development--Schedule 2
State Owned Corporations Act 1989 No 134--Schedule 2
State Records Act 1998 No 17--Schedule 1
State Revenue Legislation Amendment (Tax Concessions) Act 2006 No 87--
Schedule 2
Stock (Artificial Breeding) Act 1985 No 196--Schedule 2
Stock Diseases Amendment (Artificial Breeding) Act 2004 No 35--Schedule 2
Stock Diseases Regulation 2004--Schedule 2
Stock Medicines Regulation 2005--Schedule 2
Strata Schemes Management Act 1996 No 138--Schedules 2 and 3
Superannuation Act 1916 No 28--Schedule 2
Supreme Court Act 1970 No 52--Schedule 3
Surveying Act 2002 No 83--Schedule 2
Sydney Local Environmental Plan 2005--Schedule 2
Sydney Opera House Trust Act 1961 No 9--Schedule 1
Sydney Turf Club Act 1943 No 22--Schedule 2
Sydney Water Act 1994 No 88--Schedule 1
Sydney Water Regulation 2006--Schedule 2
Thoroughbred Racing Act 1996 No 37--Schedule 3
Transport Administration Act 1988 No 109--Schedule 2
Trustee Act 1925 No 14--Schedule 2
Trustee Companies Act 1964 No 6--Schedule 2
Trustee Companies Regulation 2005--Schedule 2
Uncollected Goods Act 1995 No 68--Schedule 2
Uniform Civil Procedure Rules 2005--Schedule 2
Page 83
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Schedule 5 Notes
Veterinary Practice Regulation 2006--Schedule 2
Victims Support and Rehabilitation Act 1996 No 115--Schedule 2
Warringah Local Environmental Plan 2000--Schedule 2
Water Sharing Plan for the Upper and Lower Namoi Groundwater Sources 2003--
Schedule 2
Western Lands Act 1901 No 70--Schedule 1
Index of Acts wholly repealed by Schedule 4
Air Transport Amendment Act 2006 No 21
Appropriation (Budget Variations) Act 2005 No 23
Appropriation (Parliament) Act 2004 No 61
Appropriation (Parliament) Act 2005 No 39
Appropriation (Special Offices) Act 2005 No 40
Compulsory Drug Treatment Correctional Centre Act 2004 No 42
Constitution Amendment (Pledge of Loyalty) Act 2006 No 6
Crimes (Administration of Sentences) Amendment (Parole) Act 2004 No 94
Crimes and Courts Legislation Amendment Act 2005 No 103
Environmental Planning and Assessment Amendment Act 2006 No 8
Fines Amendment (Payment of Victims Compensation Levies) Act 2006 No 9
Governor General's Residence (Grant) Amendment Act 2006 No 3
Greek Orthodox Archdiocese of Australia Consolidated Trust Amendment (Duties)
Act 2006 No 10
Home Building Amendment Act 2004 No 101
Industrial Relations Amendment Act 2006 No 1
and Tax Management Amendment (Tax Threshold) Act 2006 No 11
ocal Government Amendment (Stormwater) Act 2005 No 70
Prevention of Cruelty to Animals Amendment Act 2005 No 50
Prisoners (Interstate Transfer) Amendment Act 2005 No 21
Public Sector Employment Legislation Amendment Act 2006 No 2
Rice Marketing Amendment (Prevention of National Competition Policy Penalties)
Act 2005 No 97
Rural Workers Accommodation Amendment Act 2005 No 37
State Revenue Legislation Further Amendment Act 2005 No 111
Sydney Opera House Act 1960 No 29
Threatened Species Legislation Amendment Act 2004 No 88
Page 84
Statute Law (Miscellaneous Provisions) Bill (No 2) 2006
Notes Schedule 5
Transport Administration Amendment (Public Transport Ticketing Corporation)
Act 2006 No 5
Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations)
Act 2005 No 55
Page 85
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