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This is a Bill, not an Act. For current law, see the Acts databases.
Statute Law (Miscellaneous
Provisions) Bill (No 2) 2008
No , 2008
A Bill for
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.
Clause 1 Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2008. 3
2 Commencement 4
(1) This Act commences on the date of assent, except as provided by this 5
section. 6
(2) The amendments made by Schedules 1-3 commence on the day or days 7
specified in those Schedules in relation to the amendments concerned. 8
If a commencement day is not specified, the amendments commence on 9
the date of assent. 10
3 Amendments 11
The Acts and instruments specified in Schedules 1-3 are amended as set 12
out in those Schedules. 13
4 Repeals 14
(1) Each Act specified in Part 1 of Schedule 4 is repealed. 15
(2) Each Act specified in Part 2 or 3 of Schedule 4 is, to the extent indicated 16
in the Part, repealed. 17
5 General savings, transitional and other provisions 18
Schedule 5 has effect. 19
6 Explanatory notes 20
The matter appearing under the heading "Explanatory note" in any of 21
the Schedules does not form part of this Act. 22
7 Repeal of provisions of Act 23
(1) A subschedule of Schedule 1, 2 or 3 is repealed on the day following the 24
day on which all of the provisions of the subschedule have commenced. 25
(2) The repeal of any such subschedule does not, because of the operation 26
of section 30 of the Interpretation Act 1987, affect any amendment 27
made by those subschedules. 28
Page 2
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
Schedule 1 Minor amendments 1
(Section 3) 2
1.1 Banks and Bank Holidays Act 1912 No 43 3
Section 23A 4
Insert after section 23: 5
23A Delegation 6
The Director-General may delegate the exercise of any function 7
of the Director-General under Schedule 6 to any member of staff 8
of the Department of Commerce. 9
Explanatory note 10
The Shop Trading Act 2008 transferred provisions from the (now repealed) Shops and 11
Industries Act 1962 (the repealed Act) to the Banks and Bank Holidays Act 1912 (the 12
principal Act) that enable the opening of banks on weekends in accordance with the 13
approval of the Director-General of the Department of Commerce (the 14
Director-General). The repealed Act also contained a power for the Director-General 15
to delegate his or her functions in connection with such approvals. The proposed 16
amendment inserts an equivalent power of delegation into the principal Act. 17
1.2 Building Professionals Act 2005 No 115 18
[1] Section 19 Definitions 19
Omit "he or she" wherever occurring from paragraphs (b), (c) and (l) of the 20
definition of unsatisfactory professional conduct in section 19 (1). 21
Insert instead "the accredited certifier". 22
[2] Section 60 Record keeping by accreditation holders 23
Insert after section 60 (3): 24
(4) A reference in this section to an accreditation holder includes a 25
reference to a person whose certificate of accreditation has been 26
suspended or cancelled or has lapsed. 27
[3] Section 63 Accredited certifiers to have required insurance 28
Omit "himself or herself out as being" from section 63 (1) (b). 29
Insert instead "out that the accredited certifier is". 30
[4] Sections 63 (1) and (2), 66 (1), 70 (1), 84 (1) and 85 (2) 31
Omit "he or she" wherever occurring. Insert instead "the accredited certifier". 32
Page 3
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
[5] Section 74 Notice to be given of certain matters 1
Omit "his, her or its" from section 74 (1) (b). Insert instead "the person's". 2
[6] Section 83 Disclosure and misuse of information 3
Omit "himself or herself" wherever occurring in section 83 (2) and (3). 4
Insert instead "the person". 5
[7] Section 83 (2) and (3) 6
Omit "he or she" wherever occurring. Insert instead "the person". 7
[8] Section 84 Improper influence with respect to conduct of accredited 8
certifier acting as certifying authority 9
Omit "his or her" wherever occurring in section 84 (1) and (2). 10
Insert instead "the accredited certifier's". 11
[9] Section 85 False representations 12
Omit "he or she" from section 85 (1) (a). Insert instead "the person". 13
[10] Section 85 (3) 14
Omit "he or she". Insert instead "the person". 15
Commencement 16
The amendments are taken to have commenced on 3 November 2008. 17
Explanatory note 18
Section 60 (1) of the Building Professionals Act 2005 (the Act) provides that accredited 19
certifiers must hold certain records in accordance with the regulations. 20
Section 60 (2) of the Act provides that the Building Professionals Board may require an 21
accredited certifier to provide a copy of any record that is required to be kept under 22
section 60 (1). 23
Item [2] of the proposed amendments makes it clear that the requirements to keep 24
records, and to provide such records to the Building Professionals Board on request, 25
extend to a person whose certificate of accreditation has been suspended or cancelled, 26
or has lapsed. 27
Items [1] and [3]-[10] of the proposed amendments update references that are specific 28
to individuals. 29
1.3 Business Names Act 2002 No 97 30
Section 34 Authorised officers 31
Insert at the end of the section: 32
(2) An investigator appointed under section 18 of the Fair Trading 33
Act 1987 is taken to be an authorised officer appointed under 34
subsection (1). 35
Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
Explanatory note 1
Section 34 of the Business Names Act 2002 (the principal Act) provides for the 2
Director-General of the Department of Commerce (the Director-General) to appoint 3
authorised officers for the purposes of the principal Act. 4
Section 18 of the Fair Trading Act 1987 provides for the Director-General to appoint 5
investigators for the purposes of that Act and of any other legislation administered by 6
the Minister for Fair Trading (which includes the principal Act). 7
The proposed amendment to the principal Act confirms the power of the 8
Director-General under section 18 of the Fair Trading Act 1987 to appoint investigators 9
for the purposes of the principal Act by expressly providing that investigators appointed 10
under the Fair Trading Act 1987 are taken to be authorised officers for the purposes of 11
the principal Act. The option of a separate appointment of authorised officers under the 12
principal Act is retained. 13
1.4 Children and Young Persons (Care and Protection) Act 1998 14
No 157 15
[1] Section 64 Notification of care applications 16
Omit "to notify that child or young person of the application" from section 17
64 (8) (b). 18
Insert instead "if that child or young person is notified or becomes aware of 19
the application". 20
[2] Section 149C Disclosure to parents and significant persons 21
Omit section 149C (1) (a). Insert instead: 22
(a) any parent of the child or young person, 23
[3] Section 200 Meaning of "children's service" 24
Omit section 200 (4). 25
[4] Section 205 No advertising of unlicensed services 26
Insert "prescribed" before "children's service" in section 205 (2). 27
[5] Section 220A Meaning of "out of school hours care service" 28
Insert at the end of section 220A (2) (e) (ii): 29
or 30
(iii) youth support programs, or 31
(iv) respite care, or 32
(v) residential accommodation (whether or not 33
provided by, or in association with, a school) for 34
children attending a school, 35
Page 5
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
[6] Section 226 Removal of child from place of unlawful employment 1
Insert "and protection" after "in need of care". 2
[7] Sections 231Q Notification by Registrar of Children's Court 3
Omit "appropriate Children's Registrar". 4
Insert instead "Registrar of the Children's Court". 5
[8] Sections 231R and 231T 6
Omit "appropriate Children's Registrar" wherever occurring. 7
Insert instead "Registrar of the Children's Court". 8
[9] Section 256A Children's Court may dispense with service 9
Omit "physical" from section 256A (1). 10
Explanatory notes 11
Item [1] of the proposed amendments to the Children and Young Persons (Care and 12
Protection) Act 1998 (the Act) makes it clear that the Children's Court can make an 13
order that a parent should not be served with a copy of a care application or any 14
supporting documentary evidence if it is of the opinion that knowledge of the application 15
could cause psychological harm to, or be otherwise detrimental to, the safety, welfare 16
or well-being of the relevant child or young person. 17
Division 1A of Part 2 of Chapter 8 of the Act makes provision with respect to disclosure 18
to parents and other significant persons of information concerning placement of a child 19
or young person in out-of-home care. Item [2] of the proposed amendments removes 20
a reference to birth parents and adoptive parents to prevent an inconsistency with the 21
definition of parent (as defined in section 149B of the Act) for the purposes of the 22
Division. 23
Item [3] of the proposed amendments omits an obsolete provision. 24
Currently, section 205 (2) of the Act makes it an offence to knowingly publish any 25
advertisement inviting the attendance of children at a children's service that is not 26
licensed. Item [4] of the proposed amendments applies section 205 (2) to a prescribed 27
children's service so that the offence will only be committed with respect to a children's 28
service that is required to be licensed under the Act. 29
Item [5] of the proposed amendments excludes respite care, residential 30
accommodation provided for the purpose of enabling a child to attend school and youth 31
support services from the definition of out of school hours care service to prevent 32
the regulatory provisions under Chapter 12A of the Act from applying to such services. 33
Section 226 of the Act currently refers to a child being taken to be in need of "care" in 34
specified circumstances. Item [6] of the proposed amendments amends section 226 to 35
refer instead to a child taken to be "in need of care and protection" to ensure 36
consistency in the use of that term throughout the Act. 37
Items [7] and [8] of the proposed amendments replace references to the "appropriate 38
Children's Registrar" with the "Registrar of the Children's Court" to ensure that the 39
administrative functions contained in the provisions are the responsibility of the 40
Registrar of the Children's Court. 41
Section 256A of the Act enables the Children's Court to make an order to dispense with 42
the service of documents if satisfied that there would be an unacceptable threat to the 43
physical safety, welfare and well-being of a person. Item [9] of the proposed 44
Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
amendments omits the reference to the word "physical" to empower the Children's 1
Court to dispense with the service of documents if satisfied that there would be an 2
unacceptable threat to any aspect of a person's safety, welfare and well-being. 3
1.5 Clean Coal Administration Act 2008 No 50 4
[1] Long title and sections 3, 4 and 9 5
Omit "Clean Coal" wherever occurring. Insert instead "Low Emissions Coal". 6
[2] Long title and sections 5, 7 (6) and 11 (1) 7
Omit "clean coal" wherever occurring. Insert instead "low emissions coal". 8
[3] Section 1 Name of Act 9
Omit "Clean Coal". Insert instead "Low Emissions Coal". 10
[4] Section 3 Definitions 11
Omit the definition of clean coal technologies. Insert in alphabetical order: 12
low emissions coal technologies means technologies for 13
facilitating reduction of greenhouse gas emissions from the use of 14
coal. 15
[5] Parts 2 and 3, headings 16
Omit "Clean Coal" wherever occurring. 17
Insert instead "Low Emissions Coal". 18
Explanatory note 19
The proposed amendments substitute all references to "clean coal" in the Clean Coal 20
Administration Act 2008 with "low emissions coal" (including changing the name of that 21
Act to the Low Emissions Coal Administration Act 2008). 22
1.6 Commission for Children and Young People Act 1998 No 146 23
[1] Section 40 Duties of employers to notify Commission of rejected 24
applicant in connection with background checking 25
Insert after section 40 (3): 26
(4) The guidelines under section 35 may provide for follow-up action 27
to be taken by approved screening agencies, after carrying out 28
background checking, for the purpose of ensuring that employers 29
comply with this section. 30
(5) Follow-up action means: 31
(a) contacting the employer after carrying out background 32
checking to inform the employer of the employer's 33
obligations under this section, and 34
Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
(b) requesting the employer to provide to the approved 1
screening agency the information the employer is required 2
to notify to the Commission under this section, and 3
(c) providing the information to the Commission. 4
(6) An employer who provides to an approved screening agency the 5
information that it is required to notify to the Commission under 6
this section is taken to have complied with this section in relation 7
to that information. 8
(7) An approved screening agency is not to use, or give access to, any 9
information obtained from an employer as a result of follow-up 10
action, other than for the purposes of providing the information 11
to the Commission. 12
(8) In this section, approved screening agency does not include the 13
Commission. 14
[2] Section 41 Enforcement notices 15
Insert after section 41 (7): 16
(8) Nothing in this section prevents the Commission from contacting 17
employers for the purpose of informing them of their obligations 18
under this Act or requesting any information that employers are 19
required to provide to the Commission under this Act. 20
Explanatory note 21
Under the Commission for Children and Young People Act 1998 (the Act), an employer 22
is required to carry out background checking of an applicant for child-related 23
employment. This background checking can be carried out by the Commission for 24
Children and Young People (the Commission) or by an approved screening agency, 25
on behalf of an employer. Section 40 of the Act requires an employer to notify the 26
Commission of the name and details of an applicant for child-related employment who 27
is not employed because of the results of background checking. 28
Item [1] of the proposed amendments provides that the guidelines applicable to the 29
carrying out of background checking may provide for certain follow-up action to be 30
taken by an approved screening agency after conducting background checking. This 31
will enable an approved screening agency to collect the information required to be 32
provided by an employer under section 40 of the Act and provide it to the Commission. 33
Item [2] of the proposed amendments makes it clear that the Commission may contact 34
employers to inform them of their obligations under the Act and to request any 35
information that employers are required to provide to the Commission under the Act, 36
without implementing any formal enforcement process. 37
Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
1.7 Constitution Act 1902 No 32 1
Section 9C Administration of government by Lieutenant-Governor or 2
Administrator 3
Omit "the special circumstances" from section 9C (4B). 4
Insert instead "exceptional circumstances". 5
Explanatory note 6
Section 9C of the Constitution Act 1902 (the Act) makes provision for the 7
Lieutenant-Governor or Administrator to assume administration of the government of 8
the State if the Governor is unavailable. Section 9 of the Act states that the Governor 9
is unavailable if the Governor has assumed the administration of the government of 10
the Commonwealth, is absent from the State, is physically or mentally incapacitated, or 11
is otherwise unavailable to exercise and perform his or her powers and functions. 12
Currently, if the Governor is unavailable due to the last such reason, the 13
Lieutenant-Governor and Administrator may assume administration of the government 14
of the State with the concurrence of the Premier or the next most senior Minister of the 15
Crown. The Premier or other Minister is not to give concurrence unless of the opinion 16
that the assumption of administration is authorised by section 9C (4B) of the Act. In 17
addition, if neither the Premier nor any other Minister is able to be contacted to obtain 18
that concurrence, the Lieutenant-Governor or Administrator may assume 19
administration of the government of the State if the Lieutenant-Governor or 20
Administrator is of the opinion that the assumption of administration is authorised under 21
section 9C (4B) of the Act. 22
Section 9C (4B) of the Act authorises the assumption of administration in such cases 23
if either the powers or functions of the Governor are required to be exercised or 24
performed during such unavailability, or the duration of such unavailability cannot be 25
determined, and if "the special circumstances" require the assumption of 26
administration. 27
The proposed amendment removes the reference to "the special circumstances" to 28
instead provide that the circumstances requiring the assumption of administration in 29
such cases must be exceptional. 30
1.8 Co-operatives Act 1992 No 18 31
Section 134 Repayment of amounts due in respect of cancelled 32
membership 33
Omit "is less than $50" from section 134 (5) (b). 34
Insert instead "does not exceed $100". 35
Explanatory note 36
The proposed amendment to the Co-operatives Act 1992 (the Act) allows a 37
co-operative registered under the Act to retain an amount of $100 or less (rather than 38
less than $50, as is currently the case) that is due to a former member of a co-operative 39
in respect of the former member's cancelled membership of the co-operative, if the 40
co-operative cannot (after using all due diligence) locate the former member. 41
Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
The proposed amendment resolves a practical inconsistency between the Act and the 1
Unclaimed Money Act 1995, the latter of which requires an enterprise that holds 2
unclaimed money at the end of a financial year to lodge a return with the Chief 3
Commissioner of State Revenue only in relation to an amount of unclaimed money that 4
exceeds $100. 5
1.9 Environmental Planning and Assessment Act 1979 No 203 6
[1] Sections 75J (5) and 122 (b) (vi) 7
Omit "referred to in section 93F" wherever occurring. 8
Insert instead "under Division 4 of Part 5B". 9
[2] Section 79C Evaluation 10
Omit "section 93F" wherever occurring in section 79C (1) (a) (iiia). 11
Insert instead "Division 4 of Part 5B". 12
[3] Section 80A Imposition of conditions 13
Omit "section 94, 94A, 94EF or 94F" from section 80A (1) (h). 14
Insert instead "Division 2, 3 or 5 of Part 5B". 15
[4] Section 85A Process for obtaining complying development certificates 16
Omit "Division 6" from section 85A (9). 17
Insert instead "Part 5B (Division 5 excepted)". 18
[5] Section 109ZI Definitions 19
Omit the definition of building work. Insert instead: 20
building work includes the design or inspection of building work, 21
the issuing of a Part 4A certificate or complying development 22
certificate in respect of building work and the issue of a design 23
certificate under section 109IA. 24
[6] Section 118 Appointment of planning administrator, planning 25
assessment panel or regional panel 26
Omit "94E" from paragraph (a) of the definition of failure to comply with 27
obligations under the planning legislation in section 118 (12). 28
Insert instead "116L". 29
[7] Section 147 Disclosure of political donations and gifts 30
Omit "statement of" from section 147 (6) (b). Insert instead "statement to". 31
Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
[8] Schedule 5A Special contributions areas 1
Omit "Schedule 116A". Insert instead "Section 116A". 2
Commencement 3
Items [1]-[4] and [6] of the amendments commence or are taken to have commenced 4
on the commencement of Schedule 3.1 [6] to the Environmental Planning and 5
Assessment Amendment Act 2008. 6
Item [5] of the amendments commences or is taken to have commenced on the 7
commencement of Schedule 4.1 [17] to the Environmental Planning and Assessment 8
Amendment Act 2008. 9
Item [8] of the amendments commences immediately after the commencement of 10
Schedule 3.1 [8] to the Environmental Planning and Assessment Amendment Act 11
2008. 12
Explanatory note 13
Items [1]-[4] and [6] of the proposed amendments to the Environmental Planning and 14
Assessment Act 1979 (the EP&A Act) update cross-references. 15
Currently, section 109ZI of the EP&A Act and section 64 of the Building Professionals 16
Act 2005 provide that building work includes the design, inspection and issuing of a 17
Part 4A certificate or complying development certificate in respect of building work. 18
On the commencement of Schedule 2 [14] to the Building Professionals Amendment 19
Act 2008, building work under the Building Professionals Act 2005 will include the issue 20
of a design certificate under section 109IA of the EP&A Act. Item [5] of the proposed 21
amendments ensures that the definition of building work in section 109ZI of the EP&A 22
Act remains consistent with the definition in section 64 of the Building Professionals Act 23
2005. 24
Items [7] and [8] of the proposed amendments correct typographical errors. 25
1.10 Environmental Planning and Assessment Amendment Act 26
2008 No 36 27
[1] Schedule 3.1 Amendment of Environmental Planning and Assessment 28
Act 1979 29
Omit "Department" from proposed section 116ZG (b) in Schedule 3.1 [6]. 30
Insert instead "Secretary of the Treasury". 31
[2] Schedule 3.2 Amendment of Growth Centres (Development 32
Corporations) Act 1974 No 49 33
Omit "Department" from proposed section 25 (7) (b) in Schedule 3.2 [1]. 34
Insert instead "Secretary of the Treasury". 35
Explanatory note 36
The Environmental Planning and Assessment Amendment Act 2008 (the amending 37
Act) amends the Environmental Planning and Assessment Act 1979 (the EP&A Act) 38
and the Growth Centres (Development Corporations) Act 1974 (the GC Act), to 39
establish the State Infrastructure Fund and the Community Infrastructure Trust Fund, 40
respectively. Both of these funds are to be administered by the Secretary of the 41
Treasury. 42
Page 11
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
Sections 116ZG (b) of the EP&A Act and 25 (7) (b) of the GC Act, to be inserted by the 1
amending Act, provide that, if the Public Authorities (Financial Arrangements) Act 1987 2
does not confer power on the relevant Department to invest the money in those Funds, 3
the money may be invested in the manner approved by the Treasurer. As neither Fund 4
is administered by the Department, items [1] and [2] of the proposed amendments 5
replace the references to the Department with references to the Secretary of the 6
Treasury in those provisions. 7
1.11 Food Act 2003 No 43 8
Section 95 Reporting requirements 9
Omit "prescribed" from section 95 (2) (a). Insert instead "approved". 10
Explanatory note 11
Under the Food Act 2003 (the Act), a food safety auditor may carry out an audit or 12
assessment of a food business in relation to its compliance with the Food Safety 13
Standards and any food safety program certified under the Food Regulation 2004 (the 14
regulations). Section 95 of the Act requires a food safety auditor to provide a written 15
report about the results of any audit or assessment to the Food Authority within 21 days 16
of completing the audit or assessment. Currently the report must be in a form 17
prescribed by the regulations. The proposed amendment provides that the report must 18
be in the form approved by the Food Authority rather than in the prescribed form. 19
1.12 Interpretation Act 1987 No 15 20
[1] Section 30C 21
Insert after section 30B: 22
30C Automatic repeal of amending Acts that have commenced 23
(1) In this section: 24
amending Act means: 25
(a) a whole Act that directly amends or repeals other Acts or 26
instruments and that contains no other provisions apart 27
from ancillary provisions, or 28
(b) a section or subsection of an Act, a schedule or 29
subschedule to an Act or an item of any such schedule or 30
subschedule that directly amends or repeals other Acts or 31
instruments and that contains no other provisions. 32
ancillary provision of an amending Act means the long title of 33
the Act, a preamble to the Act, a provision that specifies the short 34
title or name of the Act, a provision that provides for the 35
commencement of the Act, a provision that declares that notes in 36
the Act do not form part of the Act or a provision that gives effect 37
to or describes a schedule to the Act. 38
(2) An amending Act is repealed on the day after all of its provisions 39
have commenced (except as provided by subsection (3)). 40
Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
(3) If an amending Act commences before the date of assent, the 1
amending Act is repealed on the day after the date of assent. 2
(4) The repeal by this section of an amending Act does not, because 3
of the operation of section 30, affect any amendment or repeal 4
made by the amending Act. 5
(5) This section does not apply to an amending Act that makes 6
provision for the repeal of the amending Act. 7
(6) This section applies only to an amending Act enacted after 8
1 January 2009. 9
[2] Section 64A 10
Insert after section 64: 11
64A Schedules 12
A schedule to an Act or instrument has effect according to its 13
tenor when it comes into force, whether or not the Act or 14
instrument declares that the schedule has effect. 15
Explanatory note 16
At present a standard provision is inserted into an amending Act to the effect 17
that the amending Act is repealed when it has fully commenced. Where 18
amending provisions of an Act have only partially commenced, the repeal of the 19
commenced amendments is effected by the Statute Law (Miscellaneous 20
Provisions) Act introduced each Session. Under the Interpretation Act 1987 the 21
repeal of an amending Act or provision does not affect the amendment or any 22
repeal that has been made. 23
Item [1] of the proposed amendments removes the need to enact the standard 24
repeal clause in each amending Act or to effect repeals by that statute law 25
revision Act. The above provision will only apply to Acts enacted in or after 2009. 26
Item [2] of the proposed amendments removes the need for a schedule of 27
amendments to Acts or instruments to be supported by a substantive provision 28
in accordance with current practice that declares that the schedule has effect 29
(the heading to each schedule of amendments will set out the full title and 30
number of the Act being amended). Similarly it will remove the need for a 31
substantive provision that declares that a schedule containing substantive 32
provisions has effect (such as a schedule of savings or transitional provisions 33
or provisions relating to the members of a statutory body). If it is necessary to 34
sign post the schedules concerned, the Act or instrument can state that 35
"Schedule x contains savings and transitional provisions/provisions relating to 36
members etc". 37
Section 5 (1) of the Interpretation Act 1987 provides that the proposed 38
amendment will extend to existing Acts and instruments. 39
Page 13
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
1.13 Justices of the Peace Act 2002 No 27 1
Section 4 Appointment of justices of the peace 2
Insert after section 4 (4): 3
(5) The Director-General of the Attorney General's Department may 4
delegate his or her function under subsection (3) to a senior 5
officer of the Department. 6
Explanatory note 7
The proposed amendment to the Justices of the Peace Act 2002 (the Act) enables the 8
Director-General of the Attorney General's Department to delegate to a senior officer 9
of the Department the Attorney General's function under the Act of re-appointing a 10
person as a justice of the peace on the expiration of the person's term of office. 11
1.14 Local Government Act 1993 No 30 12
[1] Section 28 Forwarding of planning proposals to Minister for Planning 13
Omit section 28 (1). Insert instead: 14
(1) A council may not forward a planning proposal to the Minister 15
for Planning under section 56 of the Environmental Planning and 16
Assessment Act 1979 which includes a proposal to classify or 17
reclassify public land that is not owned by the council unless the 18
council has obtained the consent of the owner to the proposed 19
classification or reclassification of public land. 20
[2] Section 29 Public hearing into reclassification 21
Omit section 29 (1). Insert instead: 22
(1) A council must arrange a public hearing under section 57 of the 23
Environmental Planning and Assessment Act 1979 in respect of a 24
planning proposal under Part 3 of that Act to reclassify 25
community land as operational land, unless a public hearing has 26
already been held in respect of the same matter as a result of a 27
determination under section 56 (2) (e) of that Act. 28
[3] Section 32 Reclassification of land dedicated under Division 2 of Part 5B 29
of the Environmental Planning and Assessment Act 1979 30
Omit "section 94" from section 32 (1) and (5) wherever occurring. 31
Insert instead "Division 2 of Part 5B". 32
[4] Section 32 (2) 33
Omit "public amenities and public services". 34
Insert instead "community infrastructure". 35
Page 14
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
[5] Section 32 (5) 1
Omit "that section". Insert instead "Divisions 1 and 2 of Part 5B of that Act". 2
[6] Section 377 General power of the council to delegate 3
Omit "section 82A" from section 377 (1) (o). Insert instead "section 96D". 4
[7] Section 406 Adoption of management plan 5
Omit "and any other matters it considers relevant" from section 406 (1). 6
[8] Section 406 (2) 7
Insert "and any other matters it considers relevant" after "with this Part". 8
[9] Schedule 6 Regulations 9
Omit "Election Funding Act 1981" from the examples to item 14. 10
Insert instead "Election Funding and Disclosures Act 1981". 11
Commencement 12
Items [1] and [2] of the amendments commence, or are taken to have commenced, on 13
the commencement of Schedule 1.1 [11] to the Environmental Planning and 14
Assessment Amendment Act 2008. 15
Items [3]-[5] of the amendments commence, or are taken to have commenced, on the 16
commencement of Schedule 3.1 [6] to the Environmental Planning and Assessment 17
Amendment Act 2008. 18
Item [6] of the amendments commences, or is taken to have commenced, on the 19
commencement of section 96D of the Environmental Planning and Assessment Act 20
1979 (as inserted by Schedule 2.1 [36] to the Environmental Planning and Assessment 21
Amendment Act 2008). 22
Explanatory note 23
The proposed amendments to the Local Government Act 1993 update provisions of 24
that Act as a consequence of amendments to the Environmental Planning and 25
Assessment Act 1979 made by the Environmental Planning and Assessment 26
Amendment Act 2008. 27
Items [1] and [2] of the proposed amendments update terminology relating to the 28
making of local environmental plans, so that reference is made instead to planning 29
proposals. 30
Items [3]-[5] of the proposed amendments update terminology and references relating 31
to development contributions. Reference is now made to "community infrastructure" 32
rather than "public amenities and public services". 33
Items [6] and [9] of the proposed amendments update cross-references. 34
Items [7] and [8] of the proposed amendments move incorrectly located words. 35
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
1.15 Marine Parks Act 1997 No 64 1
Schedule 2 Provisions relating to members and procedure of Advisory 2
Council 3
Omit clause 6. Insert instead: 4
6 Chairperson 5
Meetings of the Advisory Council are to be chaired by either the 6
Director-General of the Department of Primary Industries or the 7
Director-General of the Department of Environment and Climate 8
Change, as determined by the Advisory Council from time to 9
time. 10
Explanatory note 11
The Marine Parks Act 1997 provides for the establishment of a Marine Parks Advisory 12
Council, consisting of the Director-General of the Department of Primary Industries, the 13
Director-General of the Department of Environment and Climate Change and 9 other 14
appointed members. At present, meetings of the Advisory Council are chaired 15
alternately by one of the two Directors-General. 16
The object of the proposed amendment is for the Advisory Council to determine which 17
of the two Directors-General is to chair meetings. 18
1.16 Motor Vehicle Repairs Act 1980 No 71 19
Section 4 Definitions 20
Omit the definition of inspector from section 4 (1). Insert instead: 21
inspector means: 22
(a) a person: 23
(i) who is employed under Chapter 1A of the Public 24
Sector Employment and Management Act 2002 in 25
the Government Service to enable the Authority to 26
exercise its functions, or 27
(ii) whose services the Authority has arranged to make 28
use of, 29
and who is appointed by the Authority as an inspector for 30
the purposes of this Act, or 31
(b) an investigator appointed under section 18 of the Fair 32
Trading Act 1987. 33
Explanatory note 34
The definition of inspector in section 4 of the Motor Vehicle Repairs Act 1980 (the 35
principal Act) provides for the Motor Vehicle Repair Industry Authority (the Authority) 36
to appoint inspectors for the purposes of the principal Act. (In 2005, all branches of the 37
Authority were added to the Department of Commerce (the Department), and the 38
Department's Commissioner for Fair Trading assumed the functions of the General 39
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
Manager of the Authority, including the function of appointing inspectors under the 1
principal Act.) 2
Section 18 of the Fair Trading Act 1987 provides for the Director-General of the 3
Department to appoint investigators for the purposes of that Act and of any other 4
legislation administered by the Minister for Fair Trading (which includes the principal 5
Act). 6
The proposed amendment to the principal Act confirms the power of the 7
Director-General under section 18 of the Fair Trading Act 1987 to appoint investigators 8
for the purposes of the principal Act by expressly providing that investigators appointed 9
under the Fair Trading Act 1987 are inspectors for the purposes of the principal Act. 10
The option of a separate appointment of inspectors under the principal Act is retained. 11
1.17 National Parks and Wildlife Act 1974 No 80 12
Section 21 Delegation 13
Insert after section 21 (2): 14
(3) The power to delegate under subsection (1) or (2) extends to the 15
following functions of the Minister or the Director-General, as 16
the case may be: 17
(a) functions conferred or imposed by Acts that substantially 18
provide for the reservation of land under this Act, or the 19
vesting of land in the Minister for the purposes of Part 11 20
(for example, the Brigalow and Nandewar Community 21
Conservation Area Act 2005, the National Park Estate 22
(Reservations) Act 2002 and the National Park Estate 23
(Southern Region Reservations) Act 2000), 24
(b) functions conferred or imposed by Acts, that are 25
exercisable: 26
(i) by the Minister as owner or occupier of land, being 27
land acquired, or the subject of other dealings, by 28
the Minister (whether on behalf of Her Majesty or 29
on the Minister's own behalf) under Part 11, or 30
(ii) by the Director-General as an occupier of land, 31
being land of which the Director-General has care, 32
control and management under this Act, 33
(c) functions conferred or imposed: 34
(i) on the Minister by clause 9 (2) or 10 (2) of Schedule 35
7A to the Crown Lands (Continued Tenures) Act 36
1989, or 37
(ii) on the Director-General by section 14 (1A) of the 38
Dividing Fences Act 1991, or 39
(iii) on the Director-General (as an impounding 40
authority) by the Impounding Act 1993 (other than 41
by section 26 (1)), or 42
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
(iv) on the Director-General by section 36A (3) (d) (ii), 1
36B (4) (d) (ii) or 36D (3) (d) (ii) of the Local 2
Government Act 1993, or 3
(v) on the Director-General by section 15 (4) or (5) of 4
the Plantations and Reafforestation Act 1999, or 5
(vi) on the Director-General under the Public Health Act 6
1991 in relation to burials on land reserved or 7
acquired under this Act, or 8
(vii) on the Director-General by section 47 (1) (d) or 9
100K (1) (b) of the Rural Fires Act 1997, or 10
(viii) on the Director-General by section 25 (2) of the 11
State Records Act 1998. 12
Explanatory note 13
Section 21 of the National Parks and Wildlife Act 1974 (the NPW Act) provides for the 14
delegation of the functions of the Minister for Climate Change and the Environment (the 15
Minister) and the Director-General of the Department of Environment and Climate 16
Change (the Director-General) under the NPW Act. Under section 21, the Minister's 17
functions may be delegated to the Director-General, and both the Minister's and the 18
Director-General's functions may be delegated to a member of staff of the Department 19
of Environment and Climate Change, a board of management established for 20
Aboriginal land under Part 4A of the NPW Act, or a person or class of persons 21
authorised by the regulations made under the NPW Act. 22
The proposed amendment to the NPW Act extends the delegation power in section 21 23
to functions of the Minister or the Director-General that are conferred or imposed by or 24
under particular Acts or categories of Acts that are relevant to the NPW Act either 25
because they deal with the reservation of land or because they deal with functions 26
exercisable by an owner or occupier of land. 27
1.18 Noxious Weeds Act 1993 No 11 28
Section 76 Review of Act 29
Omit "each period of 5 years thereafter" from section 76 (2). 30
Insert instead "each further period of 5 years (starting with the 5-year period 31
commencing on 1 June 2005)". 32
Explanatory note 33
On its enactment, section 76 of the Noxious Weeds Act 1993 required a review of the 34
Act after 5 years. This requirement was extended with effect from 1 June 2005 to 35
require a further review of the Act at the end of each period of 5 years thereafter. 36
The object of the proposed amendment is to make it clear that the first 5-year period to 37
which the further requirement applies is the period starting on 1 June 2005. 38
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
1.19 Pesticides Act 1999 No 80 1
Section 119 Regulations 2
Insert after section 119 (3): 3
(4) The regulations may apply, adopt or incorporate any publication 4
as in force at a particular time or from time to time. 5
Explanatory note 6
The proposed amendment to the Pesticides Act 1999 (the Act) allows regulations to 7
be made under the Act that apply, adopt or incorporate any publication as in force from 8
time to time (in addition to the existing power that allows regulations to apply, adopt or 9
incorporate a publication as in force at a particular time). 10
1.20 Police Regulation (Superannuation) Act 1906 No 28 11
Section 14P Payment splits 12
Omit section 14P (5). Insert instead: 13
(5) STC must transfer a family law superannuation payment to FTC 14
for crediting to the First State Superannuation Fund if: 15
(a) the payment is payable under subsection (3) (a) and the 16
non-contributor spouse fails, within the period prescribed 17
by the regulations, to provide details as to the required 18
manner of payment of the family law superannuation 19
payment, or 20
(b) the payment is not payable under subsection (3) (a) and the 21
non-contributor spouse fails, within the period prescribed 22
by the regulations, to make a nomination for the purposes 23
of subsection (3) (b) or a nominated fund or RSA does not 24
accept the nomination. 25
Commencement 26
The amendment commences, or is taken to have commenced, on the commencement 27
of section 14P of the Police Regulation (Superannuation) Act 1906, as inserted by 28
Schedule 7 [5] to the Superannuation Legislation Amendment (Family Law) Act 2003. 29
Explanatory note 30
Section 14P of the Police Regulation (Superannuation) Act 1906 provides for the 31
circumstances when, and the way in which, payments are to be made to spouses of 32
contributors to the Police Superannuation Fund when superannuation entitlements are 33
to be split following an order or agreement under the Family Law Act 1975 of the 34
Commonwealth. The proposed amendment enables the SAS Trustee Corporation to 35
pay an amount immediately payable to the spouse of a contributor to that Fund to the 36
First State Superannuation Fund if the spouse fails to provide details as to the manner 37
of payment of the amount within the period prescribed by the regulations. This default 38
arrangement for payment is consistent with the circumstances in which other amounts 39
that are not immediately payable in respect of the spouse may be paid to the First State 40
Superannuation Fund. 41
Page 19
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
1.21 Public Sector Employment and Management Act 2002 No 43 1
Schedule 4 Savings, transitional and other provisions 2
Insert at the end of the Schedule with appropriate Part and clause numbers: 3
Part Provision consequent on enactment of 4
World Youth Day Act 2006 5
Transitional provision consequent on dissolution of World Youth 6
Day Co-ordination Authority 7
The regulations may make provision for or with respect to any 8
matter that is consequent on the dissolution of the World Youth 9
Day Co-ordination Authority constituted by the World Youth Day 10
Act 2006. 11
Explanatory note 12
The World Youth Day Act 2006 (the WYD Act) is to be automatically repealed on 13
1 January 2009. The World Youth Day Co-ordination Authority (the WYDC Authority) 14
constituted by the WYD Act is due to be dissolved by that date. The proposed 15
amendment to the Public Sector Employment and Management Act 2002 enables 16
regulations to be made under that Act for or with respect to any matter that is 17
consequent on the dissolution of the WYDC Authority. (This would include, for 18
example, regulations to ensure that the Auditor-General is able to furnish an opinion in 19
relation to the accounts of the WYDC Authority for that part of the financial year that 20
occurs before it is dissolved.) 21
1.22 Road Transport (Safety and Traffic Management) Act 1999 22
No 20 23
[1] Section 46 Certificates concerning use of approved speed measuring 24
devices 25
Omit paragraph (b) of the definition of appropriate officer in section 46 (3). 26
Insert instead: 27
(b) in the case of any other kind of approved speed measuring 28
device--a police officer, or a person authorised by the 29
Commissioner of Police to test a device of that kind. 30
[2] Section 56 Approved camera detection device 31
Omit "the Commissioner of Police". Insert instead "the Authority". 32
[3] Section 57 Photographic evidence of traffic light offences 33
Omit "a police officer" from section 57 (3). Insert instead "a person". 34
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
[4] Section 57 (3) (a) 1
Omit "the officer is authorised by the Commissioner of Police". 2
Insert instead "the person is authorised by the Authority". 3
[5] Section 57 (3) (b) 4
Omit "the officer". Insert instead "the person". 5
[6] Schedule 2 Savings, transitional and other provisions 6
Insert at the end of the Schedule: 7
Part 9 Provisions consequent on enactment of 8
Statute Law (Miscellaneous Provisions) 9
Act (No 2) 2008 10
16 Definition 11
In this Part, amending Act means the Statute Law (Miscellaneous 12
Provisions) Act (No 2) 2008. 13
17 Previously approved camera detection devices 14
A camera detection device that was a duly approved camera 15
detection device immediately before the commencement of the 16
amendments to this Act made by the amending Act continues to 17
be a duly approved camera detection device for the purposes of 18
this Act as amended. 19
18 Certificate evidence preserved 20
Any certificate issued under section 57 before the 21
commencement of the amendments to this Act made by the 22
amending Act continues to be as effectual as it was before that 23
commencement (including for the purposes of evidence in any 24
proceedings). 25
[7] Dictionary, clause 1, definition of "provisional P1 licence" 26
Omit "15 (1)" from paragraph (a). Insert instead "20 (1)". 27
[8] Dictionary, clause 1, definitions of "provisional P1 licence" and 28
"provisional P2 licence" 29
Omit "1999" wherever occurring. Insert instead "2008". 30
Page 21
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
[9] Dictionary, clause 1, definition of "provisional P2 licence" 1
Omit "15A (1)" from paragraph (a). Insert instead "27 (1)". 2
Explanatory note 3
Section 46 of the Road Transport (Safety and Traffic Management) Act 1999 (the Act) 4
enables an appropriate officer to give certificate evidence concerning the accuracy of 5
a particular approved speed measuring device in proceedings for an offence in which 6
evidence is given of the measurement of speed obtained by use of the device. 7
Currently, appropriate officer is defined to mean, in the case of an approved speed 8
measuring device that is used in conjunction with, or forms part of, an approved digital 9
camera recording device, a person authorised by the Roads and Traffic Authority (the 10
RTA) to install or inspect such devices and, in the case of an approved speed 11
measuring device that is not used in conjunction with, and does not form part of, an 12
approved digital camera recording device, a police officer. 13
Item [1] of the proposed amendments broadens the latter category of appropriate 14
officer to include (in addition to police officers) persons authorised by the 15
Commissioner of Police to test the kind of approved speed measuring device that is to 16
be the subject of the certificate. 17
The effect of items [2]-[5] of the proposed amendments is: 18
(a) to make the functions under the Act of approving camera detection devices and 19
authorising officers to install and inspect such devices, functions of the RTA 20
rather than the Commissioner of Police, and 21
(b) to enable persons authorised by the RTA to install and inspect approved 22
camera detection devices (rather than police officers authorised by the 23
Commissioner of Police to install and inspect such devices) to give certificate 24
evidence as to their authorisation and other matters relating to the inspection of 25
such devices, in proceedings for a traffic light offence in which a photograph 26
taken by such a device is tendered in evidence. 27
Item [6] of the proposed amendments inserts savings provisions into the Act 28
consequential on the amendments proposed to be made by items [2]-[5]. 29
Items [2]-[6] of the proposed amendments are consequential on the transfer of the 30
management of the red-light camera program from the NSW Police Force to the RTA 31
on and from 1 July 2008. 32
Items [7]-[9] of the proposed amendments update cross-references. 33
1.23 State Authorities Non-contributory Superannuation Act 34
1987 No 212 35
Section 27AJ Payment splits 36
Omit section 27AJ (5). Insert instead: 37
(5) STC must transfer a family law superannuation payment to FTC 38
for crediting to the First State Superannuation Fund if: 39
(a) the payment is payable under subsection (3) (a) and the 40
non-employee spouse fails, within the period prescribed 41
by the regulations, to provide details as to the required 42
manner of payment of the family law superannuation 43
payment, or 44
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
(b) the payment is not payable under subsection (3) (a) and the 1
non-employee spouse fails, within the period prescribed 2
by the regulations, to make a nomination for the purposes 3
of subsection (3) (b) or a nominated fund or RSA does not 4
accept the nomination. 5
Commencement 6
The amendment commences, or is taken to have commenced, on the commencement 7
of section 27AJ of the State Authorities Non-contributory Superannuation Act 1987, as 8
inserted by Schedule 10 [7] to the Superannuation Legislation Amendment (Family 9
Law) Act 2003. 10
Explanatory note 11
Section 27AJ of State Authorities Non-contributory Superannuation Act 1987 (the Act) 12
provides for the circumstances when, and the way in which, payments are to be made 13
to spouses of employees for whom contributions are made to the funds established 14
under the Act when superannuation entitlements are to be split following an order or 15
agreement under the Family Law Act 1975 of the Commonwealth. The proposed 16
amendment enables the SAS Trustee Corporation to pay an amount immediately 17
payable to the spouse of an employee to the First State Superannuation Fund if the 18
spouse fails to provide details as to the manner of payment of the amount within the 19
period prescribed by the regulations. This default arrangement for payment is 20
consistent with the circumstances in which other amounts that are not immediately 21
payable in respect of the spouse may be paid to the First State Superannuation Fund. 22
1.24 State Authorities Superannuation Act 1987 No 211 23
Section 45I Payment splits 24
Omit section 45I (5). Insert instead: 25
(5) STC must transfer a family law superannuation payment to FTC 26
for crediting to the First State Superannuation Fund if: 27
(a) the payment is payable under subsection (3) (a) and the 28
non-contributor spouse fails, within the period prescribed 29
by the regulations, to provide details as to the required 30
manner of payment of the family law superannuation 31
payment, or 32
(b) the payment is not payable under subsection (3) (a) and the 33
non-contributor spouse fails, within the period prescribed 34
by the regulations, to make a nomination for the purposes 35
of subsection (3) (b) or a nominated fund or RSA does not 36
accept the nomination. 37
Commencement 38
The amendment commences, or is taken to have commenced, on the commencement 39
of section 45I of the State Authorities Superannuation Act 1987, as inserted by 40
Schedule 11 [9] to the Superannuation Legislation Amendment (Family Law) Act 2003. 41
Page 23
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
Explanatory note 1
Section 45I of the State Authorities Superannuation Act 1987 provides for the 2
circumstances when, and the way in which, payments are to be made to spouses of 3
contributors to the State Authorities Superannuation Fund when superannuation 4
entitlements are to be split following an order or agreement under the Family Law Act 5
1975 of the Commonwealth. The proposed amendment enables the SAS Trustee 6
Corporation to pay an amount immediately payable to the spouse of a contributor to 7
that Fund to the First State Superannuation Fund if the spouse fails to provide details 8
as to the manner of payment of the amount within the period prescribed by the 9
regulations. This default arrangement for payment is consistent with the circumstances 10
in which other amounts that are not immediately payable in respect of the spouse may 11
be paid to the First State Superannuation Fund. 12
1.25 Statutory and Other Offices Remuneration Act 1975 (1976 13
No 4) 14
[1] Section 6 Statutory and Other Offices Remuneration Tribunal 15
Insert ", or as the deputy of the person appointed as the Tribunal," after 16
"Tribunal" in section 6 (4). 17
[2] Section 6A 18
Insert after section 6: 19
6A Deputy of the person holding office as Tribunal 20
(1) The Governor may, subject to section 6 (4), appoint a person to 21
be the deputy of the person holding office as the Tribunal. 22
(2) During any illness or absence of the person holding office as the 23
Tribunal, the deputy has, and may exercise and perform, all of the 24
powers, authorities, duties and functions of the Tribunal. 25
(3) The Governor may, at any time, revoke the appointment of the 26
deputy. 27
(4) The deputy is entitled to be paid such remuneration (including 28
travelling and subsistence allowances) as the Minister may from 29
time to time determine in respect of the deputy. 30
[3] Section 7 Assessors 31
Omit section 7 (1). Insert instead: 32
(1) For the purposes of this Act, there are to be the following 33
2 assessors: 34
(a) the Director-General of the Department of Premier and 35
Cabinet, 36
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
(b) an individual appointed by the Governor on the 1
nomination of the Minister, being: 2
(i) an individual who has, in the opinion of the 3
Minister, special knowledge relating to salaries 4
payable to persons engaged in commercial, banking, 5
insurance, industrial or other activities at executive 6
or management level, and 7
(ii) is not, except as provided by subsection (1A), in the 8
service of the State. 9
(1A) An individual in the service of the State may be appointed as an 10
assessor under subsection (1) (b) (ii) if the individual is in the 11
service of the State only: 12
(a) under this Act, or 13
(b) as a member of a board, tribunal, council, committee, 14
authority or similar body. 15
[4] Section 7 (2A) 16
Insert after section 7 (2): 17
(2A) Despite any other provision of this Act, the assessor appointed 18
under subsection (1) (b), must not assist, or make a 19
recommendation to, the Tribunal with respect to the exercise or 20
performance of the Tribunal's powers, authorities, duties or 21
functions in relation to any office held by that assessor. 22
[5] Section 7 (4) 23
Omit "An assessor referred to in subsection (1) (a) or (a1)". 24
Insert instead "The assessor referred to in subsection (1) (a)". 25
[6] Schedule 6 Savings, transitional and other provisions 26
Insert before clause 1: 27
Part 1 Preliminary 28
[7] Schedule 6, Part 2, heading 29
Insert before clause 2: 30
Part 2 Provision consequent on enactment of 31
Statutory and Other Offices Remuneration 32
Amendment Act 2001 33
Page 25
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
[8] Schedule 6 1
Insert at the end of the Schedule with appropriate Part and clause numbers: 2
Part Provision consequent on enactment of 3
Statute Law (Miscellaneous Provisions) 4
Act (No 2) 2008 5
Appointment of assessors 6
(1) An assessor whose appointment under section 7 (1) (b) is in force 7
immediately before the substitution of section 7 (1) by the Statute 8
Law (Miscellaneous Provisions) Act (No 2) 2008 (the amending 9
Act), is taken to have been appointed under that subsection as so 10
substituted for the remainder of the term specified in the 11
assessor's instrument of appointment. 12
(2) Any such assessor, if eligible for re-appointment, may be 13
reappointed. 14
(3) Section 7 (2A), as inserted by the amending Act, extends to an 15
assessor whose appointment under section 7 (1) (b) is in force 16
immediately before the insertion of that subsection. 17
Explanatory note 18
Section 6 of the Statutory and Other Offices Remuneration Act 1975 (the SOORT Act) 19
provides that the Governor may appoint a person to hold office as the Statutory and 20
Other Offices Remuneration Tribunal (the Tribunal). Item [2] of the proposed 21
amendments inserts proposed section 6A to allow the Governor to appoint a person as 22
the deputy of the person holding office as the Tribunal. The deputy will be able to 23
exercise and perform the powers, authorities, duties and functions of the Tribunal 24
during the absence or illness of the person holding office as the Tribunal. Item [1] of the 25
proposed amendments makes a consequential amendment. 26
Section 7 (1) of the SOORT Act currently provides that there are to be 3 assessors 27
being: 28
(a) the Secretary of the Department of Industrial Relations and Employment (which 29
is to be read as the Director-General of the Department of Commerce by virtue 30
of administrative changes orders), and 31
(b) the Director-General of the Premier's Department (which is to be read as the 32
Director-General of the Department of Premier and Cabinet by virtue of an 33
administrative changes order), and 34
(c) a person appointed by the Governor on the nomination of the Minister. 35
The Director-General of the Department of Commerce no longer has a role in advising 36
on the remuneration of public offices. Item [3] of the proposed amendments will amend 37
that subsection to remove the designation of the Director-General of the Department of 38
Commerce as an assessor. 39
Section 7 (1) (b) (ii) of the SOORT Act provides that the person appointed by the 40
Governor, on the recommendation of the Minister, is not to be in the service of the State 41
(except under the SOORT Act). Item [3] of the proposed amendments inserts proposed 42
section 7 (1A) which will also allow the Governor to appoint, as an assessor, a person 43
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Minor amendments Schedule 1
who is in the service of the State only by virtue of the person being a member of a 1
board, tribunal, council, committee, authority or similar body. As a consequence, 2
item [4] of the proposed amendments inserts proposed section 7 (2A) which provides 3
that an assessor who is so appointed must not advise, or make a recommendation to, 4
the Tribunal in relation to any office held by that assessor. Item [8] of the proposed 5
amendments inserts a transitional provision. Items [5]-[7] of the proposed 6
amendments make consequential amendments. 7
1.26 Superannuation Act 1916 No 28 8
Section 61WB Payment splits 9
Omit section 61WB (5). Insert instead: 10
(5) STC must transfer a family law superannuation payment to FTC 11
for crediting to the First State Superannuation Fund if: 12
(a) the payment is payable under subsection (3) (a) and the 13
non-contributor spouse fails, within the period prescribed 14
by the regulations, to provide details as to the required 15
manner of payment of the family law superannuation 16
payment, or 17
(b) the payment is not payable under subsection (3) (a) and the 18
non-contributor spouse fails, within the period prescribed 19
by the regulations, to make a nomination for the purposes 20
of subsection (3) (b) or a nominated fund or RSA does not 21
accept the nomination. 22
Commencement 23
The amendment commences, or is taken to have commenced, on the commencement 24
of section 61WB of the Superannuation Act 1916, as inserted by Schedule 12 [11] to 25
the Superannuation Legislation Amendment (Family Law) Act 2003. 26
Explanatory note 27
Section 61WB of the Superannuation Act 1916 provides for the circumstances when, 28
and the way in which, payments are to be made to spouses of contributors to the State 29
Superannuation Fund when superannuation entitlements are to be split following an 30
order or agreement under the Family Law Act 1975 of the Commonwealth. The 31
proposed amendment enables the SAS Trustee Corporation to pay an amount 32
immediately payable to the spouse of a contributor to that Fund to the First State 33
Superannuation Fund if the spouse fails to provide details as to the manner of payment 34
of the amount within the period prescribed by the regulations. This default arrangement 35
for payment is consistent with the circumstances in which other amounts that are not 36
immediately payable in respect of the spouse may be paid to the First State 37
Superannuation Fund. 38
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 1 Minor amendments
1.27 World Youth Day Act 2006 No 106 1
Section 50 Compensation not payable in respect of World Youth Day 2
event-related matters 3
Insert after section 50 (2): 4
(2A) To avoid doubt, subsection (1) does not affect compensation 5
payable under any indemnity given, or other agreement made, by 6
the State, an authority of the State, a local council or a person 7
referred to in subsection (1), that expressly relates to a World 8
Youth Day event-related matter. 9
Explanatory note 10
Section 50 of the World Youth Day Act 2006 (the Act) provides that compensation is 11
not payable by or on behalf of the State or an authority of the State, a local council, or 12
an officer, employee or agent of the State, an authority of the State or a local council, 13
for an act or omission that is, or that arises from, a World Youth Day event-related 14
matter. World Youth Day event-related matter is defined to mean the holding of any 15
World Youth Day event, the administration or purported administration of the Act, or the 16
exercise or purported exercise of functions under the Act, but does not include any 17
Randwick Racecourse World Youth Day event-related matter (as defined, and dealt 18
with separately, in the Act). 19
The proposed amendment clarifies that section 50 of the Act does not affect 20
compensation payable under any indemnity given, or other agreement made, by the 21
State, an authority of the State, a local council or an officer, employee or agent of the 22
State or a local council, that expressly relates to a World Youth Day event-related 23
matter. 24
Page 28
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Amendments by way of statute law revision Schedule 2
Schedule 2 Amendments by way of statute law 1
revision 2
(Section 3) 3
2.1 Administrative Decisions Tribunal Amendment Act 2008 4
No 77 5
Schedule 2.3 [3] 6
Omit "from section 108 (2) (a)". 7
Insert instead "wherever occurring in section 108 (2) (a), (6) and (7)". 8
Explanatory note 9
The proposed amendment corrects an amending provision. 10
2.2 Anti-Discrimination Act 1977 No 48 11
Section 49ZYA (3), definition of "relative" 12
Insert ", or the de facto partner of the person" after "adoption" in paragraph (a). 13
Explanatory note 14
The proposed amendment makes a definition consistent. 15
2.3 Building Professionals Amendment Act 2008 No 37 16
Schedule 1 [46], proposed section 85 (1) (a) 17
Omit "he or she". Insert instead "the person". 18
Explanatory note 19
The proposed amendment updates a reference that is specific to individuals. 20
2.4 Canada Bay Local Environmental Plan 2008 21
Schedule 5, Part 2 22
Omit the Part. Insert instead: 23
Part 2 Heritage conservation areas 24
Description Identification on heritage map Significance
Bourketown Shown by red hatching and labelled "A" Local
Conservation Area
Parklands Estate Shown by red hatching and labelled "B" Local
Conservation Area
Page 29
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 2 Amendments by way of statute law revision
Description Identification on heritage map Significance
Drummoyne Park Shown by red hatching and labelled "C" Local
Conservation Area
Drummoyne Avenue Shown by red hatching and labelled "D" Local
East Conservation Area
Drummoyne Avenue Shown by red hatching and labelled "E" Local
West Conservation
Area
Victoria Road Retail Shown by red hatching and labelled "F" Local
Conservation Area
Gears Avenue Shown by red hatching and labelled "G" Local
Conservation Area
Hampden Road Shown by red hatching and labelled "H" Local
Conservation Area
Thompson Street Shown by red hatching and labelled "I" Local
Conservation Area
Gipps Street Shown by red hatching and labelled "J" Local
Conservation Area
Marlborough and Shown by red hatching and labelled "K" Local
Tavistock Streets
Conservation Area
Birkenhead and Shown by red hatching and labelled "L" Local
Dawson Estates
Conservation Area
Mons Street and Shown by red hatching and labelled "M" Local
Boronia Avenue
Conservation Area
Moore Street Shown by red hatching and labelled "N" Local
Conservation Area
Yaralla Estate Shown by red hatching and labelled "O" Local
Conservation Area
Park Avenue Shown by red hatching and labelled "Q" Local
Conservation Area
Lindfield Avenue Shown by red hatching and labelled "R" Local
Conservation Area
Creewood Street Shown by red hatching and labelled "S" Local
Conservation Area
Powell's Estate Shown by red hatching and labelled "T" Local
Conservation Area
Page 30
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Amendments by way of statute law revision Schedule 2
Description Identification on heritage map Significance
Majors Bay Road Shown by red hatching and labelled "U" Local
Conservation Area
Commencement 1
The amendment is taken to have commenced on 7 March 2008. 2
Explanatory note 3
The proposed amendment corrects references to a map. 4
2.5 City of Sydney Act 1988 No 48 5
Section 39 (1) and (2) 6
Omit "draft environmental planning instrument" wherever occurring. 7
Insert instead "planning proposal". 8
Commencement 9
The amendment commences on the commencement of Schedule 1.1 [11] to the 10
Environmental Planning and Assessment Amendment Act 2008. 11
Explanatory note 12
The proposed amendment updates terminology. 13
2.6 Constitution (Disclosures by Members) Regulation 1983 14
Clause 10 (2) (b) 15
Omit "Election Funding Act 1981". 16
Insert instead "Election Funding and Disclosures Act 1981". 17
Explanatory note 18
The proposed amendment updates a cross-reference. 19
2.7 Conveyancing Act 1919 No 6 20
Schedule 6 21
Omit "(Section 129 (8))". Insert instead "(Section 129 (9))". 22
Explanatory note 23
The proposed amendment corrects a cross-reference. 24
2.8 Criminal Procedure Act 1986 No 209 25
[1] Sections 180 (3) and 306S (2) 26
Omit "Part 15A of the Crimes Act 1900" wherever occurring. 27
Insert instead "the Crimes (Domestic and Personal Violence) Act 2007". 28
Page 31
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 2 Amendments by way of statute law revision
[2] Section 180 (3) 1
Omit "that Part". Insert instead "that Act". 2
[3] Section 283 (1) (b) 3
Omit "clause 15, 16 or 17". Insert instead "27 or 29". 4
[4] Section 295 (1), definition of "criminal proceedings" 5
Omit "Part 15A (Apprehended violence) of the Crimes Act 1900". 6
Insert instead "the Crimes (Domestic and Personal Violence) Act 2007". 7
Commencement 8
Item [3] of the amendments is taken to have commenced on 1 August 2008. 9
Explanatory note 10
The proposed amendments update cross-references. 11
2.9 Electronic Transactions Regulation 2007 12
Clause 4 (1) 13
Omit "Election Funding Act 1981". 14
Insert instead "Election Funding and Disclosures Act 1981". 15
Explanatory note 16
The proposed amendment updates a cross-reference. 17
2.10 Growth Centres (Development Corporations) Act 1974 No 49 18
Section 23 (2) (e) 19
Omit "Divisions 6 and 6A of Part 4". Insert instead "Part 5B". 20
Commencement 21
The amendment commences on the commencement of Schedule 3.1 [6] to the 22
Environmental Planning and Assessment Amendment Act 2008. 23
Explanatory note 24
The proposed amendment updates a cross-reference. 25
2.11 Hawkesbury Local Environmental Plan 1989 26
[1] Clause 55 (1) 27
Omit "pink and edged heavy black or green and edged heavy black". 28
Insert instead "pink or tan". 29
Page 32
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Amendments by way of statute law revision Schedule 2
[2] Schedule 1, item 3 1
Omit "(1006)" from the matter relating to No 142 Bathurst Street. 2
Insert instead "(CH2)". 3
[3] Schedule 1, item 3 4
Omit "(1007)" from the matter relating to No 140 Bathurst Street. 5
Insert instead "(CH1)". 6
Commencement 7
Item [1] of the amendments is taken to have commenced on 18 July 2008. 8
Explanatory note 9
Item [1] of the proposed amendments corrects a reference to a map. 10
Items [2] and [3] of the proposed amendments correct references to heritage items. 11
2.12 Law Enforcement (Powers and Responsibilities) Act 2002 12
No 103 13
[1] Section 80 (2) 14
Omit ", and such". Insert instead ", such". 15
[2] Schedule 2 16
Omit "Exotic Diseases of Animals Act 1991, section 48". 17
Insert in alphabetical order "Animal Diseases (Emergency Outbreaks) Act 18
1991, section 48". 19
Explanatory note 20
Item [1] of the proposed amendments omits a redundant word. 21
Item [2] of the proposed amendments updates a cross-reference. 22
2.13 Local Courts (Criminal and Applications Procedure) Rule 23
2003 24
[1] Clauses 24 (1), 24A, 25 (3) and 57 (2) 25
Omit "Part 15A of the Crimes Act 1900" wherever occurring. 26
Insert instead "the Crimes (Domestic and Personal Violence) Act 2007". 27
[2] Clause 57 (2), note 28
Omit "Part 15A of the Crimes Act 1900". 29
Insert instead "The Crimes (Domestic and Personal Violence) Act 2007". 30
Page 33
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 2 Amendments by way of statute law revision
[3] Clause 57 (2), note 1
Omit "that Part". Insert instead "that Act". 2
Explanatory note 3
The proposed amendments update cross-references. 4
2.14 Local Government (General) Regulation 2005 5
Clause 184 (2) (b) 6
Omit "Election Funding Act 1981". 7
Insert instead "Election Funding and Disclosures Act 1981". 8
Explanatory note 9
The proposed amendment updates a cross-reference. 10
2.15 Medical Practice Act 1992 No 94 11
Section 190B, note 12
Insert "health or" before "medical". 13
Explanatory note 14
The proposed amendment updates a reference to reports. 15
2.16 Mining Amendment Act 2008 No 19 16
Schedule 1 [109], proposed section 163 (6C) (c) 17
Omit "collliery". Insert instead "colliery". 18
Explanatory note 19
The proposed amendment corrects a typographical error. 20
2.17 Miscellaneous Acts (Local Court) Amendment Act 2007 21
No 94 22
Schedule 2, Column 1 23
Omit "Election Funding Act 1981". 24
Insert instead "Election Funding and Disclosures Act 1981". 25
Explanatory note 26
The proposed amendment updates a cross-reference. 27
Page 34
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Amendments by way of statute law revision Schedule 2
2.18 Motor Dealers Regulation 2004 1
Clause 3 (3) 2
Insert "(other than in Schedule 3)" after "Regulation" where firstly occurring. 3
Explanatory note 4
The proposed amendment clarifies the status of notes. 5
2.19 Newcastle Local Environmental Plan 2003 6
Clause 37 (1), definition of "zoning map" 7
Omit "(Major Projects) Amendment No 11)". 8
Insert instead "(Major Projects) 2005 (Amendment No 11)". 9
Explanatory note 10
The proposed amendment corrects the citation of a map. 11
2.20 Parliamentary Electorates and Elections Act 1912 No 41 12
Section 66B 13
Omit "Election Funding Act 1981". 14
Insert instead "Election Funding and Disclosures Act 1981". 15
Explanatory note 16
The proposed amendment updates a cross-reference. 17
2.21 Police Integrity Commission Act 1996 No 28 18
Part 3, Division 7, heading 19
Omit "Listening". Insert instead "Surveillance". 20
Commencement 21
The amendment is taken to have commenced on 1 August 2008. 22
Explanatory note 23
The proposed amendment updates a reference to a form of warrant. 24
2.22 Property, Stock and Business Agents Act 2002 No 66 25
Sections 8 (4), 14 (3) (c) and 221 26
Omit "class" wherever occurring. Insert instead "type". 27
Explanatory note 28
The proposed amendment corrects references to licences and certificates of 29
registration. 30
Page 35
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 2 Amendments by way of statute law revision
2.23 Redfern-Waterloo Authority Act 2004 No 107 1
[1] Section 28A 2
Omit "Division 6 of Part 4". Insert instead "Part 5B (Division 5 excepted)". 3
[2] Sections 30 (1A) and 32 (1A) (a) 4
Omit "special contributions" wherever occurring. 5
Insert instead "State contributions". 6
[3] Sections 30 (1A), 32 (1), 32 (1A) (a) and 32 (2) 7
Omit "Division 6 of Part 4" wherever occurring. Insert instead "Part 5B". 8
[4] Section 30 (2) and (5) 9
Omit "Division 6A of Part 4" wherever occurring. 10
Insert instead "Division 5 of Part 5B". 11
[5] Section 30 (2) 12
Omit "75R (4)". Insert instead "116B (2)". 13
[6] Section 30 (2) (a) 14
Omit "94F of". Insert instead "116Y of". 15
[7] Section 30 (2) (a) 16
Omit "a development application for consent to carry out". 17
[8] Section 30 (2) (a) 18
Omit "a development application described". 19
Insert instead "development described". 20
[9] Section 30 (2) (a) 21
Omit "94F (1)". Insert instead "116Y (2)". 22
[10] Section 30 (2) (b) 23
Omit "94F (3) (b)". Insert instead "116Y (4) (b)". 24
[11] Section 30 (6) 25
Omit "Division 6 of Part 4". Insert instead "Division 2, 3 or 4 of Part 5B". 26
[12] Section 31 (8) 27
Omit "Division 6 of Part 4". Insert instead "Division 1, 2, 3 or 4 of Part 5B". 28
Page 36
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Amendments by way of statute law revision Schedule 2
[13] Section 31 (8) (a) 1
Omit "section 94 or any other provision of that Division (other than section 2
94EF)". 3
Insert instead "Division 2 of that Part". 4
[14] Section 31 (8) (b) 5
Omit "under that Division". Insert instead "under that Part". 6
[15] Section 31 (8) (b) 7
Omit "section 94 or any other provision of that Division". 8
Insert instead "Division 2 of that Part". 9
[16] Section 31 (8) (c) 10
Omit "section 94 or any other provision of that Division". 11
Insert instead "Division 2 or 4 of that Part". 12
[17] Section 32 (1A) 13
Omit "section 94". 14
Insert instead "a direct contribution under Division 2 of Part 5B". 15
[18] Section 32 (1A) (b) 16
Omit "Subdivision 4 of Division 6 of Part 4". 17
Insert instead "Division 3 of Part 5B". 18
Commencement 19
The amendments commence on the commencement of Schedule 3.1 [6] to the 20
Environmental Planning and Assessment Amendment Act 2008. 21
Explanatory note 22
The proposed amendments update cross-references. 23
2.24 Residential Parks Regulation 2006 24
Schedule 3, Part 1 25
Omit "land owner's" from clause 3 of the agreement. 26
Insert instead "park owner's". 27
Explanatory note 28
The proposed amendment corrects a reference to a person. 29
Page 37
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 2 Amendments by way of statute law revision
2.25 Road Transport (Driver Licensing) Regulation 2008 1
Clause 9 (4) 2
Omit "the Authority". 3
Insert instead "the driver licensing authority of that jurisdiction". 4
Explanatory note 5
The proposed amendment corrects a reference to an authority. 6
2.26 Road Transport (General) Act 2005 No 11 7
Section 78 (1) (b) 8
Omit "or load restraint". Insert instead ", load restraint or access". 9
Explanatory note 10
The proposed amendment inserts missing words. 11
2.27 Solicitor General Act 1969 No 80 12
Schedule 1 13
Insert at the end of clause 5: 14
(2) In the application of section 6 of this Act to that person, a 15
reference to vacation of office pursuant to section 2 (5) (e) is to 16
be read as a reference to vacation of office pursuant to section 17
2 (5) (d) (and taken to be retirement from office in accordance 18
with law). 19
Explanatory note 20
The proposed amendment updates a reference to a provision for vacation of office by 21
retirement (now repealed) by reproducing the effect of the repealed provision. 22
2.28 Standard Instrument (Local Environmental Plans) Order 23
2006 24
[1] Standard instrument, clause 1.9 (2) 25
Omit "State Environmental Planning Policy No 9--Group Homes". 26
[2] Standard instrument, Dictionary, definition of "child care centre" 27
Omit "section 200" from paragraph (j). Insert instead "Chapter 12". 28
[3] Standard instrument, Dictionary, definitions of "hotel or motel 29
accommodation" and "pub" 30
Omit "Liquor Act 1982" wherever occurring. 31
Insert instead "Liquor Act 2007". 32
Page 38
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Amendments by way of statute law revision Schedule 2
Explanatory note 1
Item [1] of the proposed amendments omits a reference to a repealed instrument. 2
Item [2] of the proposed amendments corrects a cross-reference. 3
Item [3] of the proposed amendments updates cross-references. 4
2.29 State Environmental Planning Policy No 19--Bushland in 5
Urban Areas 6
Clause 8 (3) (b) 7
Omit "this plan". Insert instead "this Policy". 8
Explanatory note 9
The proposed amendment corrects a reference to an instrument. 10
2.30 State Environmental Planning Policy (Major Projects) 2005 11
Schedule 3, clause 24 (1) of Part 5 12
Omit "this plan". Insert instead "this Policy". 13
Explanatory note 14
The proposed amendment corrects a reference to an instrument. 15
2.31 Swimming Pools Regulation 2008 16
Part 2, note 17
Omit "Clause 25". Insert instead "Clause 23". 18
Explanatory note 19
The proposed amendment corrects a cross-reference. 20
2.32 Sydney Olympic Park Authority Act 2001 No 57 21
[1] Sections 18 (4) and (5), 21, 22, 23, 49 (5) (b) and 71 (6) (d) 22
Omit "Urban Affairs and Planning" wherever occurring. 23
Insert instead "Planning". 24
[2] Section 23 25
Omit "Division 6 of Part 4". Insert instead "Part 5B". 26
Commencement 27
Item [2] of the amendments commences on the commencement of Schedule 3.1 [6] to 28
the Environmental Planning and Assessment Amendment Act 2008. 29
Explanatory note 30
Item [1] of the proposed amendments updates references to a Minister and a 31
Department. 32
Item [2] of the proposed amendments updates a cross-reference. 33
Page 39
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 2 Amendments by way of statute law revision
2.33 Sydney Water Catchment Management Regulation 2008 1
[1] Clause 17 (1) 2
Insert at the end of the subclause: 3
Maximum penalty: 400 penalty units in the case of a corporation 4
or 200 penalty units in the case of an individual. 5
[2] Clause 17 (4) 6
Omit "(subclauses (2) and (4))" from the penalty provision. 7
Explanatory note 8
The proposed amendments move a penalty provision to the correct location in a clause. 9
2.34 Terrorism (Police Powers) Act 2002 No 115 10
Section 26ZO (3) (c) 11
Omit "of an order". Insert instead "if an order". 12
Explanatory note 13
The proposed amendment corrects a typographical error. 14
2.35 Threatened Species Conservation Act 1995 No 101 15
[1] Section 127B (10) (a) 16
Omit "Subdivision 2 of Division 6 of Part 4". 17
Insert instead "Division 4 of Part 5B". 18
[2] Section 127B (10) (b) 19
Omit "or levy) required under Subdivision 3 or 4 of Division 6 of Part 4". 20
Insert instead ") required under Division 2 or 3 of Part 5B". 21
[3] Section 127ZO (7) 22
Omit "Section 82A". Insert instead "Section 96D". 23
Commencement 24
Items [1] and [2] of the amendments commence on the commencement of Schedule 25
3.1 [6] to the Environmental Planning and Assessment Amendment Act 2008. 26
Item [3] of the amendments commences on the commencement of section 96D of the 27
Environmental Planning and Assessment Act 1979 to be inserted by Schedule 2.1 [36] 28
to the Environmental Planning and Assessment Amendment Act 2008. 29
Explanatory note 30
The proposed amendments update cross-references. 31
Page 40
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Amendments by way of statute law revision Schedule 2
2.36 Tumut Local Environmental Plan 1990 1
Clause 25 (4) 2
Omit "State Environmental Policy No 4--Development Without Consent". 3
Insert instead "State Environmental Planning Policy No 4--Development 4
Without Consent and Miscellaneous Exempt and Complying Development". 5
Explanatory note 6
The proposed amendment corrects a cross-reference. 7
2.37 Victims Support and Rehabilitation Act 1996 No 115 8
Schedule 1, clause 7A (3), definition of "domestic violence offence" 9
Omit "Part 15A of the Crimes Act 1900". 10
Insert instead "the Crimes (Domestic and Personal Violence) Act 2007". 11
Explanatory note 12
The proposed amendment updates a cross-reference. 13
2.38 Water Sharing Plan for the NSW Great Artesian Basin 14
Groundwater Sources 2008 15
Clause 4 (2) 16
Omit "Source 2003". Insert instead "Sources 2003". 17
Explanatory note 18
The proposed amendment corrects a cross-reference. 19
2.39 Western Sydney Parklands Act 2006 No 92 20
[1] Section 39 (4) 21
Omit "Division 6 of Part 4". Insert instead "Part 5B". 22
[2] Section 39 (4) 23
Omit "section 94EJ". Insert instead "section 116ZD". 24
Commencement 25
The amendments commence on the commencement of Schedule 3.1 [6] to the 26
Environmental Planning and Assessment Amendment Act 2008. 27
Explanatory note 28
The proposed amendments update cross-references. 29
Page 41
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 2 Amendments by way of statute law revision
2.40 Wyong Local Environmental Plan 1991 1
Clause 45 (6), definition of "the RTA" 2
Omit "Transport Administration Act 1989". 3
Insert instead "Transport Administration Act 1988". 4
Explanatory note 5
The proposed amendment corrects a cross-reference. 6
2.41 Young Offenders Regulation 2004 7
Clause 22 8
Omit "section 199" where firstly occurring. Insert instead "section 9". 9
Explanatory note 10
The proposed amendment corrects a cross-reference. 11
Page 42
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Amendments consequential on repeals Schedule 3
Schedule 3 Amendments consequential on repeals 1
(Section 3) 2
3.1 Environmental Planning and Assessment Act 1979 No 203 3
Schedule 6 Savings, transitional and other provisions 4
Insert at the end of the Schedule with appropriate Part and clause numbers: 5
Part Bennelong Point (Parking Station) Act 6
1985 7
Repeal of Act 8
The repeal of the Bennelong Point (Parking Station) Act 1985 9
does not affect the carrying out of development authorised by that 10
Act. 11
Explanatory note 12
The Bennelong Point (Parking Station) Act 1985 (the Act) made provision for the 13
construction and operation of an underground parking station. Although the 14
construction of the parking station has been completed, the Act continues to authorise 15
the use of the works for which development was carried out for the purposes of a 16
parking station. 17
The proposed amendment saves development authorised by the Act, which is 18
proposed to be repealed by Schedule 4. 19
3.2 Government Guarantees Act 1934 No 57 20
Section 3 Authority for Treasurer to guarantee overdraft accounts etc 21
Omit section 3 (2) (a1). 22
Explanatory note 23
The proposed amendment omits a reference to a body established under an Act to be 24
repealed by Schedule 4 (namely, the Grain Marketing Act 1991). 25
3.3 Law Enforcement (Powers and Responsibilities) Act 2002 26
No 103 27
Schedule 2 Search warrants under other Acts 28
Omit the matter relating to the Grain Marketing Act 1991. 29
Explanatory note 30
The proposed amendment omits a reference to an Act to be repealed by Schedule 4. 31
Page 43
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 3 Amendments consequential on repeals
3.4 Miscellaneous Acts (Local Court) Amendment Act 2007 1
No 94 2
Schedule 2 Amendments replacing "a Local Court" with "the Local 3
Court" 4
Omit the matter relating to the Grain Marketing Act 1991 and the Swine 5
Compensation Act 1928. 6
Explanatory note 7
The proposed amendment omits references to Acts to be repealed by Schedule 4. 8
3.5 Parliamentary Electorates and Elections Amendment Act 9
2006 No 68 10
Schedule 19 Amendment of other legislation 11
Omit Schedule 19.9. 12
Explanatory note 13
The proposed amendment omits uncommenced amendments to an Act to be repealed 14
by Schedule 4 (namely, the Grain Marketing Act 1991). 15
3.6 Public Authorities (Financial Arrangements) Regulation 16
2005 17
[1] Schedule 1 Definitions of "authority" and "controlled entity" 18
Omit the matter relating to the New South Wales Grains Board, wherever 19
occurring, in Parts 2 and 3. 20
[2] Schedule 5 Authorities having additional investment powers 21
Omit clause 3. 22
Explanatory note 23
The proposed amendments omit references to an authority established under an Act 24
to be repealed by Schedule 4 (namely, the Grain Marketing Act 1991). 25
3.7 Public Finance and Audit Act 1983 No 152 26
Schedule 2 Statutory bodies 27
Omit "New South Wales Grains Board". 28
Explanatory note 29
The proposed amendment omits a reference to a body established under an Act to be 30
repealed by Schedule 4 (namely, the Grain Marketing Act 1991). 31
Page 44
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Amendments consequential on repeals Schedule 3
3.8 Rice Marketing Act 1983 No 176 1
[1] Section 4 Definitions 2
Omit ", oilseed or other primary product to which the Grain Marketing Act 3
1991 for the time being applies" from the definition of primary product in 4
section 4 (1). 5
Insert instead ", or oilseed". 6
[2] Section 135 Functions of boards etc not affected 7
Omit "or of the New South Wales Grains Board" from section 135 (1). 8
Explanatory note 9
The proposed amendments omit references to products to which an Act to be repealed 10
by Schedule 4 applies and to a body established under that Act. 11
Page 45
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 4 Repeals
Schedule 4 Repeals 1
(Section 4) 2
Part 1 Acts that are redundant 3
Appropriation Act 2007 No 18 4
Appropriation (Parliament) Act 2007 No 19 5
Appropriation (Special Offices) Act 2007 No 20 6
Bennelong Point (Parking Station) Act 1985 No 189 7
Dairy Adjustment Programme Agreement Ratification Act 1975 No 31 8
Dairy Adjustment Programme Agreement Ratification Act 1977 No 98 9
Dried Fruits (Repeal) Act 1997 No 124 10
Grain Marketing Act 1991 No 15 11
Marginal Dairy Farms Reconstruction Scheme Agreement Ratification Act 1971 12
No 72 13
Softwood Forestry Agreement Act 1968 No 20 14
Softwood Forestry Agreement Ratification Act 1980 No 90 15
Softwood Forestry (Further Agreement) Act 1973 No 7 16
State Brickworks Act 1946 No 16 17
Swine Compensation Act 1928 No 36 18
Part 2 Provisions of Acts that are redundant 19
Name of Act Extent of repeal
Environmental Planning and Assessment Schedule 2.1 [4]
Amendment Act 2008 No 36
Glen Davis Act 1939 No 38 Part 4 and Third Schedule
Marine Safety Act 1998 No 121 Schedule 3.3
Part 3 Acts or provisions of Acts that contain only 20
amendments that have commenced 21
Note. Section 30 (2) (c) of the Interpretation Act 1987 ensures that, when an Act or statutory 22
rule is repealed, no amendment or validation made by the Act or statutory rule is affected. 23
(Section 5 (6) of that Act applies section 30 to environmental planning instruments.) 24
Name of Act Extent of repeal
Australian Jockey Club Act 2008 No 52 Section 39 and Schedule 2
Page 46
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Repeals Schedule 4
Name of Act Extent of repeal
Building Professionals Amendment Act 2008 Schedules 1 [1]-[3], [10], [18], [20],
No 37 [22]-[32], [35], [43] and [49]-[52] and
2 [3], [10] and [11]
Child Protection (Offenders Registration) Sections 3-5 and Schedules 1-3 and 4.2-4.4
Amendment Act 2007 No 87
Consumer, Trader and Tenancy Tribunal Schedule 1 [1]-[17] and [20]-[25]
Amendment Act 2008 No 51
Courts and Crimes Legislation Amendment Schedules 2-20
Act 2008 No 53
Courts and Other Legislation Amendment Schedule 4
Act 2007 No 73
Crimes (Domestic and Personal Violence) Section 103 and Schedule 2
Act 2007 No 80
Deer Act 2006 No 113 Section 40 and Schedule 2
Education Amendment Act 2008 No 12 Schedule 1 [1], [2] and [4]-[11]
Environmental Planning and Assessment Schedules 2.1 [5], 2.10 [12], 4.1 [7], [8],
Amendment Act 2008 No 36 [12]-[14], [20]-[22], [24]-[26] and [31],
4.2 [2], [5], [7] and [11]-[13], 4.3, 4.4 and
5.1 [10] and [12]
Hemp Industry Act 2008 No 58 Schedule 2.1 [1] and [3]
Marine Safety Amendment Act 2008 No 59 Schedule 1 [1]-[12], [20]-[22] and
[49]-[79]
Mine Health and Safety Act 2004 No 74 Division 7 of Part 13 and Schedules 2-4
Mining Amendment Act 2008 No 19 Schedules 1 [16], [20], [28], [32], [35], [37],
[42], [51], [54], [57], [62], [68], [71], [78],
[81], [96]-[98], [101], [116]-[118], [121],
[122], [134], [138], [141], [142],
[147]-[149], [172], [174], [175], [177],
[178], [182], [188], [196], [197], [199],
[200], [202], [203], [222], [237], [238],
[244], [246], [247], [249], [252], [255],
[256], [260]-[262], [265], [266], [268],
[269], [277], [278] and [280] and 2.2 [2],
2.5, 2.6 and 2.8 [1]
National Gas (New South Wales) Act 2008 Sections 17-19 and Schedule 1
No 31
Residential Parks Act 1998 No 142 Part 15
Road Transport Legislation Amendment Act Schedules 1, 3 and 4
2008 No 61
Page 47
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 4 Repeals
Name of Act Extent of repeal
Shop Trading Act 2008 No 49 Sections 24 and 25 and Schedule 3
Sporting Venues Authorities Act 2008 No 65 Section 42 and Schedule 6
Statute Law (Miscellaneous Provisions) Act Whole Act
(No 2) 2007 No 82
Succession Act 2006 No 80 Section 59 and Schedules 2 and 3
Surveillance Devices Act 2007 No 64 Sections 61 and 62 and Schedule 2
Thoroughbred Racing Amendment Act 2008 Schedule 1 [31] and [32]
No 63
Water Industry Competition Act 2006 Section 102 and Schedule 3
No 104
Western Sydney Parklands Act 2006 No 92 Section 52 and Schedule 5
Explanatory note 1
Part 1 repeals Acts that are redundant. 2
Part 2 repeals provisions of Acts that are redundant, because they authorise works that 3
have been completed (Part 4 of, and the Third Schedule to, the Glen Davis Act 1939), 4
they omit a heading that is still required (Schedule 2.1 [4] to the Environmental Planning 5
and Assessment Amendment Act 2008) or they amend an Act that has since been 6
repealed (Schedule 3.3 to the Marine Safety Act 1998). 7
Part 3 repeals Acts or provisions of Acts that contain only amendments to other Acts or 8
instruments. All of the amendments have commenced. 9
In relation to the repeal of amending provisions, it should be noted that the provisions 10
are repealed simply to rationalise the legislation in force and that the repeals have no 11
substantive effect on the amendments made by the provisions, or any associated 12
provisions. The Acts and instruments that were amended by the provisions being 13
repealed are up-to-date on the NSW legislation website maintained by the 14
Parliamentary Counsel's Office (www.legislation.nsw.gov.au). 15
Section 30 (2) of the Interpretation Act 1987 ensures that the following matters are not 16
affected when an Act or statutory rule is amended or repealed: 17
(a) the proof of any past act or thing, 18
(b) any right, privilege, obligation or liability saved by the operation of the Act or 19
statutory rule, 20
(c) any amendment or validation made by the Act or statutory rule, 21
(d) the operation of any savings or transitional provision contained in the Act or 22
statutory rule. 23
Page 48
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
General savings, transitional and other provisions Schedule 5
Schedule 5 General savings, transitional and other 1
provisions 2
(Section 5) 3
1 Effect of amendment of amending provisions 4
(1) An amendment made by Schedule 1 or 2 to an amending provision 5
contained in an Act is, if the amending provision has commenced before 6
the date of assent to this Act, taken to have effect as from the 7
commencement of the amending provision (whether or not the 8
amending provision has been repealed). 9
(2) In this clause: 10
amending provision means a provision of an Act that makes a direct 11
amendment to an Act by: 12
(a) the repeal or omission of matter contained in the amended Act 13
without the insertion of any matter instead of the repealed or 14
omitted matter, or 15
(b) the omission of matter contained in the amended Act and the 16
insertion of matter instead of the omitted matter, or 17
(c) the insertion into the amended Act of matter, not being matter 18
inserted instead of matter omitted from the Act. 19
Explanatory note 20
This clause ensures that certain amendments, including amendments correcting errors 21
in technical provisions (for example, headings indicating the section to be amended or 22
directions as to where a new section is to be inserted) and rectifying minor drafting 23
errors (for example, corrections in numbering of provisions, correction or insertion of 24
cross-references, omission of unnecessary matter or insertion of omitted matter), will 25
be taken to have commenced on the date the amendments to which they relate 26
commenced. 27
2 Effect of amendment or repeal on acts done or decisions made 28
Except where it is expressly provided to the contrary, if this Act: 29
(a) amends a provision of an Act or an instrument, or 30
(b) repeals and re-enacts (with or without modification) a provision 31
of an Act or an instrument, 32
any act done or decision made under the provision amended or repealed 33
has effect after the amendment or repeal as if it had been done or made 34
under the provision as so amended or repealed. 35
Explanatory note 36
This clause ensures that the amendment or repeal of a provision will not, unless 37
expressly provided, vitiate any act done or decision made under the provision as in 38
force before the amendment or repeal. 39
Page 49
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Schedule 5 General savings, transitional and other provisions
3 Effect of amendment on instruments 1
Except where expressly provided to the contrary, any instrument made 2
under an Act amended by this Act, that is in force immediately before 3
the commencement of the amendment, is taken to have been made 4
under the Act as amended. 5
Explanatory note 6
This clause ensures that, unless expressly provided, any instrument that is in force and 7
made under a provision of an Act that is amended or substituted by the proposed Act 8
will be taken to have been made under the Act as amended. 9
4 Revocation of repeal 10
(1) The Governor may by proclamation published in the Gazette revoke the 11
repeal of any Act or instrument effected by the following: 12
this Act 13
Statute Law (Miscellaneous Provisions) Act (No 2) 2007 14
(2) Any Act or instrument the subject of a proclamation under subclause (1) 15
is taken not to be, and never to have been, repealed by any such Act. 16
(3) Subclause (2) does not operate in respect of any Act or instrument so as: 17
(a) to affect in a manner prejudicial to any person (other than the 18
State or an authority of the State) the rights of that person existing 19
before the date of publication in the Gazette of the proclamation 20
under subclause (1) in respect of that Act or instrument, or 21
(b) to impose liabilities on any person (other than the State or an 22
authority of the State) in respect of anything done or omitted to 23
be done before the date of publication of that proclamation. 24
(4) A reference in this clause to an Act or instrument includes a reference 25
to a provision of any Act or instrument. 26
Explanatory note 27
This clause enables the Governor, by proclamation, to revoke the repeal of any Act or 28
instrument or the provision of any Act or instrument repealed by this Act or the 2007 29
statute law revision Act. The Act or instrument or provision of an Act or instrument the 30
subject of the revocation of repeal is taken not to be, and never to have been, repealed. 31
5 Regulations 32
(1) The Governor may make regulations containing provisions of a savings 33
or transitional nature consequent on the enactment of this Act. 34
(2) Any such provision may, if the regulations so provide, take effect from 35
the date of assent to this Act or a later date. 36
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
General savings, transitional and other provisions Schedule 5
(3) To the extent to which any such provision takes effect from a date that 1
is earlier than the date of its publication in the Gazette, the provision 2
does not operate so as: 3
(a) to affect, in a manner prejudicial to any person (other than the 4
State or an authority of the State), the rights of that person 5
existing before the date of its publication, or 6
(b) to impose liabilities on any person (other than the State or an 7
authority of the State) in respect of anything done or omitted to 8
be done before the date of its publication. 9
Explanatory note 10
This clause enables the making of regulations of a savings or transitional nature having 11
a short term effect and relating to incidental matters arising out of the proposed Act with 12
regard to which no specific, or sufficient, provision has been made in the proposed Act. 13
Page 51
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Notes
Notes 1
Index of Acts and instruments amended by Schedules 1-3 2
Administrative Decisions Tribunal Amendment Act 2008 No 77--Schedule 2 3
Anti-Discrimination Act 1977 No 48--Schedule 2 4
Banks and Bank Holidays Act 1912 No 43--Schedule 1 5
Building Professionals Act 2005 No 115--Schedule 1 6
Building Professionals Amendment Act 2008 No 37--Schedule 2 7
Business Names Act 2002 No 97--Schedule 1 8
Canada Bay Local Environmental Plan 2008--Schedule 2 9
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 1 10
City of Sydney Act 1988 No 48--Schedule 2 11
Clean Coal Administration Act 2008 No 50--Schedule 1 12
Commission for Children and Young People Act 1998 No 146--Schedule 1 13
Constitution Act 1902 No 32--Schedule 1 14
Constitution (Disclosures by Members) Regulation 1983--Schedule 2 15
Conveyancing Act 1919 No 6--Schedule 2 16
Co-operatives Act 1992 No 18--Schedule 1 17
Criminal Procedure Act 1986 No 209--Schedule 2 18
Electronic Transactions Regulation 2007--Schedule 2 19
Environmental Planning and Assessment Act 1979 No 203--Schedules 1 and 3 20
Environmental Planning and Assessment Amendment Act 2008 No 36--Schedule 1 21
Food Act 2003 No 43--Schedule 1 22
Government Guarantees Act 1934 No 57--Schedule 3 23
Growth Centres (Development Corporations) Act 1974 No 49--Schedule 2 24
Hawkesbury Local Environmental Plan 1989--Schedule 2 25
Interpretation Act 1987 No 15--Schedule 1 26
Justices of the Peace Act 2002 No 27--Schedule 1 27
aw Enforcement (Powers and Responsibilities) Act 2002 No 103--Schedules 2 28
and 3 29
ocal Courts (Criminal and Applications Procedure) Rule 2003--Schedule 2 30
ocal Government Act 1993 No 30--Schedule 1 31
ocal Government (General) Regulation 2005--Schedule 2 32
Marine Parks Act 1997 No 64--Schedule 1 33
Medical Practice Act 1992 No 94--Schedule 2 34
Mining Amendment Act 2008 No 19--Schedule 2 35
Miscellaneous Acts (Local Court) Amendment Act 2007 No 94--Schedules 2 and 3 36
Page 52
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Notes
Motor Dealers Regulation 2004--Schedule 2 1
Motor Vehicle Repairs Act 1980 No 71--Schedule 1 2
National Parks and Wildlife Act 1974 No 80--Schedule 1 3
Newcastle Local Environmental Plan 2003--Schedule 2 4
Noxious Weeds Act 1993 No 11--Schedule 1 5
Parliamentary Electorates and Elections Act 1912 No 41--Schedule 2 6
Parliamentary Electorates and Elections Amendment Act 2006 No 68--Schedule 3 7
Pesticides Act 1999 No 80--Schedule 1 8
Police Integrity Commission Act 1996 No 28--Schedule 2 9
Police Regulation (Superannuation) Act 1906 No 28--Schedule 1 10
Property, Stock and Business Agents Act 2002 No 66--Schedule 2 11
Public Authorities (Financial Arrangements) Regulation 2005--Schedule 3 12
Public Finance and Audit Act 1983 No 152--Schedule 3 13
Public Sector Employment and Management Act 2002 No 43--Schedule 1 14
Redfern-Waterloo Authority Act 2004 No 107--Schedule 2 15
Residential Parks Regulation 2006--Schedule 2 16
Rice Marketing Act 1983 No 176--Schedule 3 17
Road Transport (Driver Licensing) Regulation 2008--Schedule 2 18
Road Transport (General) Act 2005 No 11--Schedule 2 19
Road Transport (Safety and Traffic Management) Act 1999 No 20--Schedule 1 20
Solicitor General Act 1969 No 80--Schedule 2 21
Standard Instrument (Local Environmental Plans) Order 2006--Schedule 2 22
State Authorities Non-contributory Superannuation Act 1987 No 212--Schedule 1 23
State Authorities Superannuation Act 1987 No 211--Schedule 1 24
State Environmental Planning Policy No 19--Bushland in Urban Areas-- 25
Schedule 2 26
State Environmental Planning Policy (Major Projects) 2005--Schedule 2 27
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)--Schedule 1 28
Superannuation Act 1916 No 28--Schedule 1 29
Swimming Pools Regulation 2008--Schedule 2 30
Sydney Olympic Park Authority Act 2001 No 57--Schedule 2 31
Sydney Water Catchment Management Regulation 2008--Schedule 2 32
Terrorism (Police Powers) Act 2002 No 115--Schedule 2 33
Threatened Species Conservation Act 1995 No 101--Schedule 2 34
Tumut Local Environmental Plan 1990--Schedule 2 35
Victims Support and Rehabilitation Act 1996 No 115--Schedule 2 36
Page 53
Statute Law (Miscellaneous Provisions) Bill (No 2) 2008
Notes
Water Sharing Plan for the NSW Great Artesian Basin Groundwater Sources 2008-- 1
Schedule 2 2
Western Sydney Parklands Act 2006 No 92--Schedule 2 3
World Youth Day Act 2006 No 106--Schedule 1 4
Wyong Local Environmental Plan 1991--Schedule 2 5
Young Offenders Regulation 2004--Schedule 2 6
Index of Acts repealed by Schedule 4 7
Appropriation Act 2007 No 18 8
Appropriation (Parliament) Act 2007 No 19 9
Appropriation (Special Offices) Act 2007 No 20 10
Bennelong Point (Parking Station) Act 1985 No 189 11
Dairy Adjustment Programme Agreement Ratification Act 1975 No 31 12
Dairy Adjustment Programme Agreement Ratification Act 1977 No 98 13
Dried Fruits (Repeal) Act 1997 No 124 14
Grain Marketing Act 1991 No 15 15
Marginal Dairy Farms Reconstruction Scheme Agreement Ratification Act 1971 16
No 72 17
Softwood Forestry Agreement Act 1968 No 20 18
Softwood Forestry Agreement Ratification Act 1980 No 90 19
Softwood Forestry (Further Agreement) Act 1973 No 7 20
State Brickworks Act 1946 No 16 21
Statute Law (Miscellaneous Provisions) Act (No 2) 2007 No 82 22
Swine Compensation Act 1928 No 36 23
Page 54
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