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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) 2010
No , 2010
A Bill for
An Act to repeal certain Acts and instruments and to amend certain other Acts and
instruments in various respects and for the purpose of effecting statute law revision;
and to make certain savings.
Clause 1 Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2010. 3
2 Commencement 4
(1) This Act commences on 7 January 2011, except as provided by this 5
section. 6
(2) The amendments made by the Schedules to this Act commence on the 7
day or days specified in those Schedules in relation to the amendments 8
concerned. If a commencement day is not specified, the amendments 9
commence on 7 January 2011. 10
3 Explanatory notes 11
The matter appearing under the heading "Explanatory note" in any of 12
the Schedules does not form part of this Act. 13
Page 2
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
Schedule 1 Minor amendments 1
1.1 Adoption Act 2000 No 75 2
[1] Section 91 Report required before order made for adoption of child 3
Omit "or a principal officer" from section 91 (2). 4
Insert instead ", or a principal officer (or delegate)". 5
[2] Section 91 (6A) 6
Insert after section 91 (6): 7
(6A) A principal officer of an accredited adoption service provider 8
may delegate his or her function under subsection (2) to one or 9
more employees of the accredited adoption service provider or of 10
an affiliated foster care service, whom the principal officer 11
considers to be appropriately qualified to exercise the function. 12
Commencement 13
The amendments commence on the date of assent to this Act. 14
Explanatory note 15
Currently, the Supreme Court may not make an adoption order for a child under 16
18 years of age without a written report about the adoption prepared by the 17
Director-General, an approved assessor or a principal officer of an accredited adoption 18
service provider. The proposed amendments to the Adoption Act 2000 allow a principal 19
officer of an accredited adoption service provider to delegate his or her function of 20
preparing such a report to appropriately qualified employees of the service provider or 21
of a foster care service affiliated with the service provider (consistent with the current 22
power of the Director-General to delegate the Director-General's function of preparing 23
such reports). 24
1.2 Children Legislation Amendment (Wood Inquiry 25
Recommendations) Act 2009 No 13 26
Schedule 3 Amendments relating to recommendations 23.3, 23.4 and 27
23.8 28
Omit Schedule 3.1 [18]. 29
Explanatory note 30
The proposed amendment to the Children Legislation Amendment (Wood Inquiry 31
Recommendations) Act 2009 repeals an uncommenced amendment to the 32
Commission for Children and Young People Act 1998 (the 1998 Act) that is 33
consequential on other amendments that expressly designate the Ombudsman as the 34
Convenor of the Child Death Review Team established under the 1998 Act. 35
The uncommenced amendment omits a provision of the 1998 Act that enables the 36
Convenor to provide certain confidential information concerning the death of a child to 37
the NSW Ombudsman. The uncommenced amendment is being repealed as it may 38
unnecessarily limit the capacity of the Convenor to provide such information to the 39
NSW Ombudsman as an agency. 40
Page 3
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
1.3 Commission for Children and Young People Act 1998 No 146 1
Section 45O Appointment of expert advisers 2
Omit "by the Minister" from section 45O (2). 3
Insert instead "by the Convenor". 4
Explanatory note 5
The proposed amendment to the Commission for Children and Young People Act 1998 6
enables the Convenor of the Child Death Review Team established under the Act 7
(rather than the Minister) to determine the remuneration and allowances to which a 8
person appointed by the Convenor as an expert adviser is entitled. (The Act allows the 9
Convenor to appoint expert advisers to advise the Child Death Review Team in the 10
exercise of its functions.) 11
1.4 Community Relations Commission and Principles of 12
Multiculturalism Act 2000 No 77 13
[1] Section 7 Membership and procedure of Commission 14
Omit "11 commissioners" from section 7 (1). 15
Insert instead "15 commissioners". 16
[2] Schedule 2 Provisions relating to procedure of Commission 17
Insert "(excluding any commissioner who has been granted leave by the 18
Commission)" after "time being" in clause 3. 19
Explanatory note 20
Item [1] of the proposed amendments to the Community Relations Commission and 21
Principles of Multiculturalism Act 2000 increases from 11 to 15 the maximum number 22
of commissioners that may constitute the Community Relations Commission. Item [2] 23
excludes from a majority of commissioners for the purposes of a quorum for a meeting 24
of the Commission any commissioner granted leave by the Commission. 25
1.5 Community Services (Complaints, Reviews and Monitoring) 26
Act 1993 No 2 27
[1] Section 43 Reports 28
Omit "preceding 2 years" and "period ending on 30 June 2010" from 29
section 43 (1). 30
Insert instead "preceding 2 calendar years" and "period ending on 31
31 December 2009", respectively. 32
[2] Section 43 (1A) 33
Insert "following the reporting period" after "30 June". 34
Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
[3] Section 43 (2) (b) 1
Omit "period covered by the report". Insert instead "reporting period". 2
Commencement 3
Items [1]-[3] are taken to have commenced on 1 July 2009 (being the date of 4
commencement of Schedule 3.2 [3] to the Children Legislation Amendment (Wood 5
Inquiry Recommendations) Act 2009). 6
Explanatory note 7
Item [1] of the proposed amendments to the Community Services (Complaints, 8
Reviews and Monitoring) Act 1993 (the Act) returns the basis of reporting of the NSW 9
Ombudsman's work and activities under the Act in relation to child deaths, to calendar 10
years rather than financial years (consistent with the basis of reporting of child deaths 11
by the Child Death Review Team under the Commission for Children and Young 12
People Act 1998). The proposed amendment is taken to have commenced on the date 13
of commencement of the amendment that inserted the Ombudsman's current 14
obligation to report biennially on a financial year basis (rather than annually on a 15
calendar year basis, as was previously the case). 16
Item [2] makes an ancillary amendment to clarify the operation of a provision. 17
Item [3] makes wording in a provision consistent with that used in related provisions. 18
1.6 Community Welfare Act 1987 No 52 19
[1] Section 3 Definitions 20
Omit the definition of Community Welfare Advisory Council from 21
section 3 (1). 22
[2] Section 3 (1), definition of "council" 23
Omit "the Community Welfare Advisory Council or". 24
[3] Part 2, Division 2, heading 25
Omit "Councils". Insert instead "Council". 26
[4] Section 15 Community Welfare Advisory Council 27
Omit the section. 28
[5] Section 18 Assistance to council and committees 29
Omit "any council or committee" from section 18 (1). 30
Insert instead "the council or any committee". 31
[6] Section 19 Reports 32
Omit "Each council and committee" from section 19 (1). 33
Insert instead "The council and each committee". 34
Page 5
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
[7] Section 78 Regulations 1
Omit "any council or committee" from section 78 (1) (a). 2
Insert instead "the council or any committee". 3
[8] Schedules 1 and 2, headings 4
Omit "certain councils" wherever occurring. Insert instead "council". 5
[9] Schedule 1, clauses 1 and 6-12 and Schedule 2, clauses 2-5, 7-9, 12 6
and 13 7
Omit "a council" wherever occurring. Insert instead "the council". 8
[10] Schedule 1, clause 3 9
Omit the clause. 10
[11] Schedule 2, clause 1 11
Omit "a council or committee". Insert instead "the council or a committee". 12
[12] Schedule 2, clause 6 13
Omit the clause. 14
[13] Schedule 2, clauses 10 (1) and 11 (1) 15
Omit "A council" wherever occurring. Insert instead "The council". 16
Explanatory note 17
Item [4] of the proposed amendments to the Community Welfare Act 1987 omits a 18
section that provides for the establishment of an advisory body (whose functions 19
include advising the Minister on matters relating to community welfare and social 20
development). The body has not been constituted for several years. Items [1]-[3] and 21
[5]-[13] make consequential amendments. 22
1.7 Conveyancing Act 1919 No 6 23
Section 98 Facilitation of redemption in case of deceased, absent or 24
unknown mortgagees 25
Omit "who that person is," from section 98 (1). 26
Insert instead "who the person is, or if the person is dead and no personal 27
representative has been or is likely to be appointed for the person or it is 28
uncertain who the personal representative is,". 29
Explanatory note 30
The proposed amendment to the Conveyancing Act 1919 extends a provision that 31
currently allows a court to determine the amount payable under a mortgage and 32
arrange for its discharge if the mortgagee is out of jurisdiction, cannot be found or is 33
Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
unknown or if it is uncertain who the mortgagee is, so that it also applies if the 1
mortgagee is dead and is without a personal representative or is unlikely to have a 2
personal representative or it is uncertain who the personal representative is. 3
1.8 Co-operative Housing and Starr-Bowkett Societies Act 1998 4
No 11 5
[1] Part 3 Societies 6
Omit Division 6. 7
[2] Section 177 Application of Corporations Act to winding-up of societies 8
Insert after section 177 (1) (c): 9
(c1) a reference to the Court or the Court (within the meaning 10
of section 58AA) in Division 2A of Part 5.7B is to be read 11
as a reference to the Supreme Court, 12
(c2) section 588FK is to be read as if the definition of PPSA 13
security inerest in section 588FK (4) read as follows and 14
the note to the section were omitted: 15
PPSA security interest (short for Personal Property 16
Securities Act security interest) means a security interest to 17
which the Personal Property Securities Act 2009 of the 18
Commonwealth applies (including a transitional security 19
interest within the meaning of that Act). 20
(c3) section 588FL (1) (a) is to be read as if the following 21
subparagraph were inserted after subparagraph (i): 22
"(ia) a certificate is issued by the Registrar under 23
section 176 of the Co-operative Housing and 24
Starr-Bowkett Societies Act 1998 for the winding up 25
of a society;", 26
(c4) the definition of critical time in section 588FL (7) is to be 27
read as if the words "(as applied and modified by 28
section 177 of the Co-operative Housing and 29
Starr-Bowkett Societies Act 1998)" were inserted after 30
"513B" in paragraph (a) of that definition, 31
[3] Schedule 5, heading 32
Omit "and transitional". Insert instead ", transitional and other". 33
Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
[4] Schedule 5, clause 2 1
Omit "this Act." from clause 2 (1). Insert instead: 2
this Act or any of the following Acts: 3
Statute Law (Miscellaneous Provisions) Act (No 2) 2010 (to the 4
extent it amends this Act) 5
[5] Schedule 5, clause 2 (2) and (3) 6
Omit "this Act" wherever occurring. Insert instead "the Act concerned". 7
[6] Schedule 5 8
Insert after Part 4: 9
Part 5 Provisions consequent on enactment of 10
Statute Law (Miscellaneous Provisions) 11
Act (No 2) 2010 12
7 Definitions 13
(1) In this Part: 14
amending Act means the Statute Law (Miscellaneous 15
Provisions) Act (No 2) 2010. 16
applied charges registration provisions means the provisions of 17
Chapter 2K of the Corporations Act (as applied by section 88 and 18
modified by that section and the regulations immediately before 19
the commencement time). 20
Charges Register means the Register of Co-operative Housing 21
Society Charges kept under the applied charges registration 22
provisions, and includes the information in the Register that is 23
required to be kept during the transitional period under clause 12. 24
commencement time means the time when section 88 is repealed 25
by the amending Act. 26
creditor, in relation to a charge, means the person who is the 27
holder of the charge and, in the case of a charge constituted by the 28
issue of a debenture or debentures, includes the trustee (if any) 29
for the debenture holders. 30
debtor, in relation to a charge, means the person who has the debt 31
or other liability that is secured by the charge. 32
existing charge means a charge created before the 33
commencement time that was a charge to which the applied 34
charges registration provisions applied (as in force before that 35
time) when it was created. 36
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
matter includes act, omission, body, person and thing. 1
PPS Act means the Personal Property Securities Act 2009 of the 2
Commonwealth. 3
PPS Register means the Personal Property Securities Register 4
established under the PPS Act. 5
PPS Registrar means the Registrar of Personal Property 6
Securities under the PPS Act. 7
pre-transitional period means the period: 8
(a) commencing at the migration time (within the meaning of 9
the PPS Act) or such earlier time as may be prescribed by 10
the regulations, and 11
(b) ending at the commencement time. 12
transitional period means the period of 7 years commencing at 13
the commencement time. 14
(2) Clause 22A (References to charges and fixed and floating 15
charges) of Schedule 1 to the Personal Property Securities 16
(Commonwealth Powers) Act 2009 does not apply in relation to 17
a reference in this Part or in a provision of the applied charges 18
registration provisions continued in effect by this Part. 19
8 Applied charges registration provisions cease to have effect at 20
commencement time 21
(1) The applied charges registration provisions cease to have effect 22
at the commencement time, except as otherwise provided by this 23
Part. 24
(2) If a provision of the applied charges registration provisions (the 25
primary provision) is continued in effect by this Part: 26
(a) any other provision of the applied charges registration 27
provisions (a related provision) that is referred to in the 28
primary provision is also continued in effect to the extent 29
necessary for the purposes of the continued application of 30
the primary provision, and 31
(b) any power to make regulations in respect of a matter that 32
is conferred by the primary provision or a related provision 33
is taken to include a power for the matter to be prescribed 34
by regulations made under this Act after the 35
commencement time. 36
(3) The regulations under this Act as in force immediately before the 37
commencement time continue to apply for the purposes of a 38
primary provision or related provision that confers a 39
Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
regulation-making power for a matter under the applied charges 1
registration provisions until regulations provide otherwise. 2
9 Provision of information to the Commonwealth and other persons 3
(1) The Registrar is specifically authorised to provide the 4
Commonwealth, the PPS Registrar or any other officer of the 5
Commonwealth with such information recorded in, or 6
concerning the use of, the Charges Register as the Registrar 7
considers appropriate in order to assist the Commonwealth in 8
establishing the PPS Register. 9
(2) Without limiting subclause (1), the Registrar is also specifically 10
authorised to provide any of the following persons with such 11
information recorded in the Charges Register as the Registrar 12
considers appropriate in order to assist in verifying the accuracy 13
of information recorded in the Charges Register for the purposes 14
of data migration to the PPS Register: 15
(a) any person who is (or was) recorded in the Charges 16
Register as a debtor or creditor, 17
(b) any person acting on behalf of such a debtor or creditor (or 18
former debtor or creditor), 19
(c) any other person engaged by the Registrar to assist, or who 20
is otherwise involved in assisting, in the migration of data 21
from the Charges Register to the PPS Register. 22
(3) The Registrar may provide the information that the Registrar is 23
authorised to provide under this clause in whatever form 24
(including by means of electronic data or in a form approved for 25
the purposes of the PPS Act) as the Registrar considers 26
appropriate. 27
(4) Subject to subclause (5), the provisions of this clause prevail to 28
the extent of any inconsistency with the provisions of this or any 29
other Act or statutory rule. 30
(5) The provisions of this clause are in addition to, and do not 31
derogate from, the provisions of section 9A of the Fair Trading 32
Act 1987. 33
10 Provisional registration functions 34
(1) The Registrar may refuse to exercise a provisional registration 35
function during the pre-transitional period. 36
(2) In this clause: 37
provisional registration function means any function conferred 38
or imposed on the Registrar by or under section 265 of the 39
Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
Corporations Act (as applied by section 88 and modified by that 1
section and the regulations immediately before the 2
commencement time) concerning the provisional registration of 3
a charge. 4
11 Lodgment of certain documents not required during 5
pre-transitional period 6
Section 263 (1) (b) and (c), (2) and (4) (b)-(d) of the Corporations 7
Act (as applied by section 88 and modified by that section and the 8
regulations immediately before the commencement time) cease 9
to apply during the pre-transitional period in respect of charges 10
created during that period. 11
12 Maintenance of Charges Register 12
(1) During the transitional period, the Registrar is to continue to 13
keep, in the form of the Charges Register, the information 14
contained in the Register immediately before the commencement 15
time. 16
(2) The Registrar may, whether before or during the transitional 17
period, seek information from a person who is (or was) recorded 18
in the Charges Register as a debtor or creditor in relation to a 19
charge as to whether the debt or other liability the payment or 20
discharge of which was secured by the charge has been paid or 21
discharged in whole or in part or the property charged or part of 22
that property has been released from the charge. 23
(3) The Registrar may require the information sought under 24
subclause (2) to be provided on or before a date specified by the 25
Registrar. 26
(4) The Registrar may treat a debt or other liability secured by a 27
charge that is recorded in the Charges Register as having been 28
paid or discharged if: 29
(a) the creditor does not provide information sought under 30
subclause (2) on or before the date specified by the 31
Registrar for the provision of the information, and 32
(b) the Registrar has given written notice to both the debtor 33
and creditor of his or her intention to treat the debt or other 34
liability as having been paid or discharged within 7 days of 35
the notice being served. 36
(5) The Registrar may amend the Charges Register: 37
(a) on the basis of information provided under this clause, and 38
(b) to omit information concerning a charge on the basis of 39
subclause (4). 40
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
(6) Section 274 of the Corporations Act (as applied by section 88 and 1
modified by that section and the regulations immediately before 2
the commencement time) continues to apply during the 3
transitional period in relation to an existing charge. 4
13 Certificates of Charges Register 5
(1) Section 272 of the Corporations Act (as applied by section 88 and 6
modified by that section and the regulations immediately before 7
the commencement time) continues to apply during the 8
transitional period in relation to: 9
(a) a certificate issued under that section before the 10
commencement time, and 11
(b) an existing charge the particulars of which were entered in 12
the Charges Register before the commencement time. 13
(2) The regulations may make provision for or with respect to fees 14
payable in relation to: 15
(a) certificates (or copies of certificates) issued under 16
section 272 of the Corporations Act (as continued in force 17
by subclause (1)), and 18
(b) the provision of copies of documents during the 19
transitional period relating to charges recorded in the 20
Charges Register. 21
14 Inspection of charges documents 22
A person's rights under section 23 (1) in relation to documents 23
kept by the Registrar relating to existing charges continue to be 24
exercisable during the transitional period subject to the payment 25
of any fees prescribed by the regulations for the purposes of that 26
subsection. 27
15 Certain charges void against liquidator or administrator 28
(1) Subject to this clause, if an existing charge is void under 29
section 266 of the Corporations Act (as applied by section 88 and 30
modified by that section and the regulations immediately before 31
the commencement time), that section (other than 32
section 266 (4)) is taken to continue to apply in relation to the 33
charge. 34
(2) The Supreme Court may, on such terms and conditions as seem 35
to the Court just and expedient, by order, declare a current 36
registrable charge not to be, and never to have been, void under 37
section 266 of the Corporations Act (as applied by section 88 and 38
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
modified by that section and the regulations immediately before 1
the commencement time) if: 2
(a) before the commencement time, the charge is void under 3
that section, and 4
(b) an application: 5
(i) is, immediately before the commencement time, 6
pending under section 266 (4) for an extension of 7
the required period, and as at the commencement 8
time, the Court had not made a decision in relation 9
to the application, or 10
(ii) is made to the Court on or after the commencement 11
time for an order under this clause, and 12
(c) the Court is satisfied of the matters set out in 13
section 266 (4) as in force immediately before the 14
commencement time. 15
16 Enforcement of existing charges 16
(1) Subject to Chapter 9 (Transitional provisions) of the PPS Act and 17
subclause (2), existing charges continue on and from the 18
commencement time to have the same priority as between each 19
other as they would have had under this Act as in force 20
immediately before the commencement time. 21
(2) If an existing charge recorded in the Charges Register becomes a 22
migrated security interest (within the meaning of the PPS Act), 23
the date (if any) recorded in the PPS Register as the date on which 24
the charge was originally registered is taken to be the date on 25
which the charge was originally registered under this Act in the 26
absence of evidence to the contrary. 27
17 Compensation not payable in respect of charges transitional 28
matters 29
(1) Compensation is not payable by or on behalf of: 30
(a) the State or an authority of the State, or 31
(b) an officer, employee or agent of the State, 32
for an act or omission that is a charges transitional matter or that 33
arises (directly or indirectly) from a charges transitional matter. 34
(2) Subclause (1): 35
(a) applies only in respect of acts done or omitted to be done 36
in good faith, and 37
(b) does not apply to acts or omissions that cause personal 38
injury to a person or the death of a person. 39
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
(3) In this clause: 1
charges transitional matter means any of the following: 2
(a) the provision of information to the Commonwealth, the 3
PPS Registrar, any other officer of the Commonwealth or 4
any other person for the purpose of assisting the 5
Commonwealth in establishing the PPS Register or of 6
verifying the accuracy of information recorded in the 7
Charges Register, 8
(b) the administration of this Part or the exercise of functions 9
under this Part. 10
compensation includes damages and any other form of monetary 11
compensation. 12
18 Savings and transitional regulations consequent on enactment of 13
Commonwealth Act 14
The power conferred by clause 2 (1) to make regulations of a 15
savings or transitional nature consequent on the enactment of the 16
amending Act extends to the making of regulations of a savings 17
or transitional nature consequent on the enactment of any of the 18
following Commonwealth Acts to the extent that the enactment 19
of the Commonwealth Act affects the operation of this Act: 20
(a) the Personal Property Securities Act 2009, 21
(b) the Personal Property Securities (Corporations and Other 22
Amendments) Act 2010, 23
(c) any other Commonwealth Act that amends the Personal 24
Property Securities Act 2009 or the Corporations Act 25
2001. 26
Commencement 27
The amendments (except for items [3]-[6]) commence on a day or days to be 28
appointed by proclamation. 29
Items [3]-[6] of the amendments commence on the date of assent to this Act. 30
Explanatory note 31
The Personal Property Securities Act 2009 of the Commonwealth (the PPS Act), on its 32
commencement, will provide for the effect, registration and enforcement of security 33
interests in personal property. Chapter 2K of the Corporations Act 2001 of the 34
Commonwealth (the Corporations Act) currently provides for the registration of 35
company charges. Chapter 2K will be repealed by the Personal Property Securities 36
(Corporations and Other Amendments) Act 2010 of the Commonwealth (the PPS 37
amending Act). Such charges will in the future be subject to the provisions of the PPS 38
Act. As part of the transfer of company charges to the PPS Act regime, terminology 39
relating to such charges will also be changed. 40
Currently, the Co-operative Housing and Starr-Bowkett Societies Act 1998 (the Act) 41
applies (with some modifications) the provisions of Chapter 2K of the Corporations Act 42
to co-operative housing society charges (including by making provision for a Register 43
Page 14
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
of Co-operative Housing Society Charges). These provisions will become outdated on 1
the commencement of the PPS Act and the repeal of Chapter 2K of the Corporations 2
Act. 3
Item [1] of the proposed amendments omits a Division of the Act relating to the 4
registration of co-operative housing society charges. 5
Item [2] of the proposed amendments makes an amendment to the Act that is 6
consequential on the amendments made to the Corporations Act by the PPS amending 7
Act. 8
Item [4] of the proposed amendments enables the Governor to make regulations of a 9
savings or transitional nature consequent on the enactment of the amendments made 10
by the proposed Act. Item [5] of the proposed amendments makes a consequential 11
amendment. 12
Item [6] of the proposed amendments enacts provisions of a savings and transitional 13
nature consequent on the repeal of the provisions of the Act dealing with the 14
registration of co-operative housing society charges. These provisions include 15
provisions to confer powers on the Registrar under the Act: 16
(a) to provide information to Commonwealth officers to assist in the establishment 17
of the Personal Property Securities Register under the PPS Act, and 18
(b) to clarify the accuracy of information recorded in the Register of Co-operative 19
Housing Society Charges and to make amendments to the Register to improve 20
its accuracy. 21
Item [3] of the proposed amendments makes a consequential amendment to a 22
heading. 23
1.9 Co-operative Housing and Starr-Bowkett Societies 24
Regulation 2005 25
[1] Clause 7 Inspection of documents 26
Insert "that were lodged before the repeal of section 88 of the Act" after 27
"section 88 of the Act)" in clause 7 (t). 28
[2] Part 5 Registration of charges 29
Omit the Part. 30
[3] Schedule 2 Fees 31
Omit items 9-14 (including the section reference in Column 2 and 32
introductory wording in Column 3 before item 9). 33
Commencement 34
The amendments commence on a day or days to be appointed by proclamation. 35
Explanatory note 36
The proposed amendments to the Co-operative Housing and Starr-Bowkett Societies 37
Regulation 2005 are consequential on the amendments proposed to be made to the 38
Co-operative Housing and Starr-Bowkett Societies Act 1998 elsewhere in this 39
Schedule. 40
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
1.10 Co-operatives Act 1992 No 18 1
[1] Section 40 Lodgment of documents etc not to constitute constructive 2
notice 3
Omit section 40 (2). 4
[2] Part 10 Funds, property etc 5
Omit the heading of Division 3. Insert instead: 6
Division 3 Receivers and Managers 7
[3] Section 278 Registration of charges 8
Omit the section. 9
[4] Section 343B Application of Corporations Act concerning insolvent 10
co-operatives 11
Insert after section 343B (b): 12
(b1) a reference to the Court or the Court (within the meaning 13
of section 58AA) in Division 2A of Part 5.7B is to be read 14
as a reference to the Supreme Court, 15
(b2) section 588FK is to be read as if the definition of PPSA 16
security interest in section 588FK (4) read as follows and 17
the note to the section were omitted: 18
PPSA security interest (short for Personal Property 19
Securities Act security interest) means a security interest to 20
which the Personal Property Securities Act 2009 applies 21
(including a transitional security interest within the 22
meaning of that Act). 23
(b3) section 588FL (1) (a) is to be read as if the following 24
subparagraph were inserted after subparagraph (i): 25
"(ia) a certificate is issued by the Registrar under 26
section 324 of the Co-operatives Act 1992 for the 27
winding up of a co-operative;", 28
(b4) the definition of critical time in section 588FL (7) is to be 29
read as if the words "(as applied and modified by 30
section 325 of the Co-operatives Act 1992)" were inserted 31
after "513B" in paragraph (a) of that definition, 32
[5] Schedule 3 Registration etc of charges 33
Omit the Schedule. 34
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
[6] Schedule 6, heading 1
Omit "and transitional". Insert instead ", transitional and other". 2
[7] Schedule 6, clause 2 3
Insert at the end of clause 2 (1): 4
Statute Law (Miscellaneous Provisions) Act (No 2) 2010 (to the 5
extent it amends this Act) 6
[8] Schedule 6 7
Insert after Part 5: 8
Part 6 Provisions consequent on Statute Law 9
(Miscellaneous Provisions) Act (No 2) 2010 10
43 Definitions 11
(1) In this Part: 12
amending Act means the Statute Law (Miscellaneous 13
Provisions) Act (No 2) 2010. 14
Charges Register means the Register of Co-operative Charges 15
referred to in clause 18 of Schedule 3 (as in force before its repeal 16
by the amending Act), and includes the information in the 17
Register that is required to be kept during the transitional period 18
under clause 48 of this Schedule. 19
commencement time means the time when Schedule 3 to this Act 20
is repealed by the amending Act. 21
creditor, in relation to a charge, means the person who is the 22
holder of the charge and, in the case of a charge constituted by the 23
issue of a debenture or debentures, includes the trustee (if any) 24
for the debenture holders. 25
debtor, in relation to a charge, means the person who has the debt 26
or other liability that is secured by the charge. 27
existing charge means a charge created before the 28
commencement time that was a registrable charge within the 29
meaning of clause 1 of Schedule 3 (as in force before that time) 30
when it was created. 31
existing charges registration provisions means the provisions of 32
section 278 and Schedule 3 (as in force immediately before the 33
commencement time). 34
matter includes act, omission, body, person and thing. 35
PPS Act means the Personal Property Securities Act 2009 of the 36
Commonwealth. 37
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
PPS Register means the Personal Property Securities Register 1
established under the PPS Act. 2
PPS Registrar means the Registrar of Personal Property 3
Securities under the PPS Act. 4
pre-transitional period means the period: 5
(a) commencing at the migration time (within the meaning of 6
the PPS Act) or such earlier time as may be prescribed by 7
the regulations, and 8
(b) ending at the commencement time. 9
transitional period means the period of 7 years commencing at 10
the commencement time. 11
(2) Clause 22A (References to charges and fixed and floating 12
charges) of Schedule 1 to the Personal Property Securities 13
(Commonwealth Powers) Act 2009 does not apply in relation to 14
a reference in this Part or in a provision of the existing charges 15
registration provisions continued in effect by this Part. 16
44 Existing charges registration provisions cease to have effect at 17
commencement time 18
(1) The existing charges registration provisions cease to have effect 19
at the commencement time, except as otherwise provided by this 20
Part. 21
(2) If a provision of the existing charges registration provisions (the 22
primary provision) is continued in effect by this Part: 23
(a) any other provision of the existing charges registration 24
provisions (a related provision) that is referred to in the 25
primary provision is also continued in effect to the extent 26
necessary for the purposes of the continued application of 27
the primary provision, and 28
(b) any power to make regulations in respect of a matter that 29
is conferred by the primary provision or a related provision 30
is taken to include a power for the matter to be prescribed 31
by regulations made under this Act after the 32
commencement time. 33
(3) The regulations under this Act as in force immediately before the 34
commencement time continue to apply for the purposes of a 35
primary provision or related provision that confers a 36
regulation-making power for a matter under the existing charges 37
registration provisions until regulations provide otherwise. 38
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
45 Provision of information to the Commonwealth and other persons 1
(1) The Registrar is specifically authorised to provide the 2
Commonwealth, the PPS Registrar or any other officer of the 3
Commonwealth with such information recorded in, or 4
concerning the use of, the Charges Register as the Registrar 5
considers appropriate in order to assist the Commonwealth in 6
establishing the PPS Register. 7
(2) Without limiting subclause (1), the Registrar is also specifically 8
authorised to provide any of the following persons with such 9
information recorded in the Charges Register as the Registrar 10
considers appropriate in order to assist in verifying the accuracy 11
of information recorded in the Charges Register for the purposes 12
of data migration to the PPS Register: 13
(a) any person who is (or was) recorded in the Charges 14
Register as a debtor or creditor, 15
(b) any person acting on behalf of such a debtor or creditor (or 16
former debtor or creditor), 17
(c) any other person engaged by the Registrar to assist, or who 18
is otherwise involved in assisting, in the migration of data 19
from the Charges Register to the PPS Register. 20
(3) The Registrar may provide the information that the Registrar is 21
authorised to provide under this clause in whatever form 22
(including by means of electronic data or in a form approved for 23
the purposes of the PPS Act) as the Registrar considers 24
appropriate. 25
(4) Subject to subclause (5), the provisions of this clause prevail to 26
the extent of any inconsistency with the provisions of this or any 27
other Act or statutory rule. 28
(5) The provisions of this clause are in addition to, and do not 29
derogate from, the provisions of section 9A of the Fair Trading 30
Act 1987. 31
46 Provisional registration functions 32
(1) The Registrar may refuse to exercise a provisional registration 33
function during the pre-transitional period. 34
(2) In this clause: 35
provisional registration function means any function conferred 36
or imposed on the Registrar by or under clause 20 or 21 of 37
Schedule 3 (as in force before the commencement time). 38
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
47 Lodgment of certain documents not required during 1
pre-transitional period 2
Clause 13 (2) and (3) of Schedule 3 cease to apply during the 3
pre-transitional period in respect of charges created during that 4
period. 5
48 Maintenance of Charges Register 6
(1) During the transitional period, the Registrar is to continue to 7
keep, in the form of the Charges Register, the information 8
contained in the Register immediately before the commencement 9
time. 10
(2) The Registrar may, whether before or during the transitional 11
period, seek information from a person who is (or was) recorded 12
in the Charges Register as a debtor or creditor in relation to a 13
charge as to whether the debt or other liability the payment or 14
discharge of which was secured by the charge has been paid or 15
discharged in whole or in part or the property charged or part of 16
that property has been released from the charge. 17
(3) The Registrar may require the information sought under 18
subclause (2) to be provided on or before a date specified by the 19
Registrar. 20
(4) The Registrar may treat a debt or other liability secured by a 21
charge that is recorded in the Charges Register as having been 22
paid or discharged if: 23
(a) the creditor does not provide information sought under 24
subclause (2) on or before the date specified by the 25
Registrar for the provision of the information, and 26
(b) the Registrar has given written notice to both the debtor 27
and creditor of his or her intention to treat the debt or other 28
liability as having been paid or discharged within 7 days of 29
the notice being served. 30
(5) The Registrar may amend the Charges Register: 31
(a) on the basis of information provided under this clause, and 32
(b) to omit information concerning a charge on the basis of 33
subclause (4). 34
(6) Clause 43 of Schedule 3 continues to apply during the transitional 35
period in relation to an existing charge. 36
Page 20
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
49 Certificates of Charges Register 1
(1) Clause 42 of Schedule 3 continues to apply during the transitional 2
period in relation to: 3
(a) a certificate issued under that clause before the 4
commencement time, and 5
(b) an existing charge the particulars of which were entered in 6
the Charges Register before the commencement time. 7
(2) The regulations may make provision for or with respect to fees 8
payable in relation to: 9
(a) certificates (or copies of certificates) issued under 10
clause 42 of Schedule 3 (as continued in force by 11
subclause (1)), and 12
(b) the provision of copies of documents during the 13
transitional period relating to charges recorded in the 14
Charges Register. 15
50 Constructive notice based on lodgment of documents 16
Section 40 (2) continues to apply in relation to a document lodged 17
under Division 3 (Charges) of Part 10 before the commencement 18
time. 19
51 Inspection of charges documents 20
A person's rights under section 413A (1) (b) and (c) in relation to 21
documents kept by the Registrar relating to existing charges 22
continue to be exercisable during the transitional period subject 23
to the payment of any fees prescribed for the purposes of those 24
paragraphs. 25
52 Certain charges void against liquidator or administrator 26
(1) Subject to this clause, if an existing charge is void under 27
clause 27 or 28 of Schedule 3 immediately before the 28
commencement time, Division 4 of Part 2 of Schedule 3 (other 29
than clause 29) is taken to continue to apply in relation to the 30
charge. 31
(2) The Supreme Court may, on such terms and conditions as seem 32
to the Court just and expedient, by order, declare an existing 33
charge not to be, and never to have been, void under clause 27 or 34
28 of that Schedule, if: 35
(a) before the commencement time, the charge is void under 36
clause 27 or 28, and 37
Page 21
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
(b) an application: 1
(i) is, immediately before the commencement time, 2
pending under clause 29 of Schedule 3 for an 3
extension of the required period, and as at the 4
commencement time, the Court had not made a 5
decision in relation to the application, or 6
(ii) is made to the Court on or after the commencement 7
time for an order under this clause, and 8
(c) the Court is satisfied of the matters set out in clause 29 of 9
Schedule 3 as in force immediately before the 10
commencement time. 11
53 Enforcement of existing charges 12
(1) Subject to Chapter 9 (Transitional provisions) of the PPS Act and 13
subclause (2), existing charges continue on and from the 14
commencement time to have the same priority as between each 15
other as they would have had under this Act as in force 16
immediately before the commencement time. 17
(2) If an existing charge recorded in the Charges Register becomes a 18
migrated security interest (within the meaning of the PPS Act), 19
the date (if any) recorded in the PPS Register as the date on which 20
the charge was originally registered is taken to be the date on 21
which the charge was originally registered under this Act in the 22
absence of evidence to the contrary. 23
54 Compensation not payable in respect of charges transitional 24
matters 25
(1) Compensation is not payable by or on behalf of: 26
(a) the State or an authority of the State, or 27
(b) an officer, employee or agent of the State, 28
for an act or omission that is a charges transitional matter or that 29
arises (directly or indirectly) from a charges transitional matter. 30
(2) Subclause (1): 31
(a) applies only in respect of acts done or omitted to be done 32
in good faith, and 33
(b) does not apply to acts or omissions that cause personal 34
injury to a person or the death of a person. 35
Page 22
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
(3) In this clause: 1
charges transitional matter means any of the following: 2
(a) the provision of information to the Commonwealth, the 3
PPS Registrar, any other officer of the Commonwealth or 4
any other person for the purpose of assisting the 5
Commonwealth in establishing the PPS Register or of 6
verifying the accuracy of information recorded in the 7
Charges Register, 8
(b) the administration of this Part or the exercise of functions 9
under this Part. 10
compensation includes damages and any other form of monetary 11
compensation. 12
55 Savings and transitional regulations consequent on enactment of 13
Commonwealth Act 14
The power conferred by clause 2 (1) to make regulations of a 15
savings or transitional nature consequent on the enactment of the 16
amending Act extends to the making of regulations of a savings 17
or transitional nature consequent on the enactment of any of the 18
following Commonwealth Acts to the extent that the enactment 19
of the Commonwealth Act affects the operation of this Act: 20
(a) the Personal Property Securities Act 2009, 21
(b) the Personal Property Securities (Corporations and Other 22
Amendments) Act 2010, 23
(c) any other Commonwealth Act that amends the Personal 24
Property Securities Act 2009 or the Corporations Act 25
2001. 26
Commencement 27
The amendments (except for items [6]-[8]) commence on a day or days to be 28
appointed by proclamation. 29
Items [6]-[8] of the amendments commence on the date of assent to this Act. 30
Explanatory note 31
The Personal Property Securities Act 2009 of the Commonwealth (the PPS Act), on its 32
commencement, will provide for the effect, registration and enforcement of security 33
interests in personal property. Chapter 2K of the Corporations Act 2001 of the 34
Commonwealth (the Corporations Act) currently provides for the registration of 35
company charges. Chapter 2K will be repealed by the Personal Property Securities 36
(Corporations and Other Amendments) Act 2010 of the Commonwealth (the PPS 37
amending Act). Such charges will in the future be subject to the provisions of the PPS 38
Act. As part of the transfer of company charges to the PPS Act regime, terminology 39
relating to such charges will also be changed. 40
Currently, the Co-operatives Act 1992 (the Act) applies provisions based largely on 41
Chapter 2K of the Corporations Act to co-operative charges (including by making 42
provision for a Register of Co-operative Charges). These provisions will become 43
Page 23
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
outdated on the commencement of the PPS Act and the repeal of Chapter 2K of the 1
Corporations Act. 2
Items [3] and [5] of the proposed amendments omit provisions of the Act relating to the 3
registration of co-operative charges. Items [1] and [2] of the proposed amendments 4
make consequential amendments. 5
Item [4] of the proposed amendments makes an amendment to the Act that is 6
consequential on the amendments made to the Corporations Act by the PPS amending 7
Act. 8
Item [7] of the proposed amendments enables the Governor to make regulations of a 9
savings or transitional nature consequent on the enactment of the amendments made 10
by the proposed Act. 11
Item [8] of the proposed amendments enacts provisions of a savings and transitional 12
nature consequent on the repeal of the provisions of the Act dealing with the 13
registration of co-operative charges. These provisions include provisions to confer 14
powers on the Registrar under the Act: 15
(a) to provide information to Commonwealth officers to assist in the establishment 16
of the Personal Property Securities Register under the PPS Act, and 17
(b) to clarify the accuracy of information recorded in the Register of Co-operative 18
Charges and to make amendments to the Register to improve its accuracy. 19
Item [6] of the proposed amendments makes a consequential amendment to a 20
heading. 21
1.11 Co-operatives Regulation 2005 22
[1] Clause 34 Application for registration of participating co-operative as 23
foreign co-operative 24
Omit clause 34 (3) (e). 25
[2] Clause 35 Application for registration of non-participating co-operative 26
as foreign co-operative 27
Omit clause 35 (3) (h). 28
[3] Clause 43 Inspection of Register 29
Omit clause 43 (c) (ii). 30
[4] Clause 43 (p) 31
Omit "or under clause 44 of Schedule 3 to the Act". 32
[5] Clause 47 Charges required to be registered 33
Omit the clause. 34
[6] Clause 48 Inspection of register of charges 35
Omit the clause. 36
Page 24
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
[7] Clause 49 Copies of register of charges 1
Omit the clause. 2
[8] Clause 50 Request for certificate of particulars of charge 3
Omit the clause. 4
[9] Schedule 6 Fees 5
Omit items 80-87. 6
Commencement 7
The amendments commence on a day or days to be appointed by proclamation. 8
Explanatory note 9
The proposed amendments to the Co-operatives Regulation 2005 are consequential 10
on the amendments proposed to be made to the Co-operatives Act 1992 elsewhere in 11
this Schedule. 12
1.12 Environmental Planning and Assessment Act 1979 No 203 13
[1] Section 59 Making of local environmental plan by Minister 14
Omit "resubmitted to" from section 59 (4). 15
Insert instead "reconsidered by". 16
[2] Section 82A Review of determination 17
Omit "section 116E" from section 82A (1) (d). 18
Insert instead "Division 4". 19
[3] Section 106 Definition of "existing use" 20
Omit "Division 4A of Part 3 or" from section 106 (a). 21
[4] Section 109R Building, demolition and incidental work 22
Omit "work cannot be commenced to be carried out unless" and "the carrying 23
out of the Crown building work commences" from section 109R (2). 24
Insert instead "work cannot be commenced unless" and "the Crown building 25
work commences", respectively. 26
Page 25
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
[5] Section 118 Appointment of planning administrator, planning 1
assessment panel or regional panel 2
Omit "under Part 3 or under" from section 118 (3) (b). 3
Insert instead "under Part 3, or under". 4
Explanatory note 5
Item [1] of the proposed amendments to the Environmental Planning and Assessment 6
Act 1979 (the Act) replaces a reference to proposed local environmental plans or 7
matter in such plans being "resubmitted to" the Minister in certain circumstances with 8
a reference to the plans or matter being "reconsidered by" the Minister, to avoid an 9
incorrect implication that the plans or matter must necessarily be the subject of a further 10
gateway determination under the Act before the Minister may reconsider them. 11
Item [2] replaces a cross-reference to a repealed provision of the Act with a reference 12
to a current Division of the Act that provides for the same subject matter (being 13
determination of applications for Crown development). 14
Item [3] omits a cross-reference to a repealed Division of the Act. 15
Item [4] omits superfluous wording. 16
Item [5] inserts a comma to avoid a false reading-on of text. 17
1.13 Fines Act 1996 No 99 18
Section 89A Service and notice of intensive correction order 19
Omit "form prescribed by the regulations" from section 89A (2). 20
Insert instead "approved form". 21
Explanatory note 22
The proposed amendment replaces a requirement for a written notice of an intensive 23
correction order under the Fines Act 1996 to be in the form prescribed by the 24
regulations with a requirement that it be in the form approved by the State Debt 25
Recovery Office. 26
1.14 Gas Supply Act 1996 No 38 27
Section 83A Regulations as to gas appliances, gas and autogas 28
installations, gasfitting and autogas work and gas meters 29
Insert after section 83A (g): 30
(h) exemptions (or the granting of exemptions) relating to the 31
matters in paragraphs (a)-(g). 32
Explanatory note 33
The proposed amendment to the Gas Supply Act 1996 allows regulations to be made 34
for or with respect to exemptions (or the granting of exemptions) from regulatory 35
provisions made under the Act that deal with gas appliances, gas or autogas 36
installations, gasfitting or autogas work or gas meters. 37
Page 26
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
1.15 Health Practitioner Regulation (Adoption of National Law) 1
Act 2009 No 86 2
[1] Schedule 1 Modification of Health Practitioner Regulation National Law 3
Insert ", 152B" after "section 145E" in paragraph (c) of the definition of 4
protected report in section 138 (1) in Schedule 1 [13]. 5
[2] Schedule 1 [25] 6
Insert at the end of Schedule 5A: 7
Part 3 Provision consequent on enactment of 8
Statute Law (Miscellaneous Provisions) 9
Act (No 2) 2010 [NSW] 10
29 Protected reports [NSW] 11
The amendment to the definition of protected report in section 138 (1) 12
made by the Statute Law (Miscellaneous Provisions) Act (No 2) 2010 13
applies to a report the subject of that amendment whether prepared 14
before, on or after the commencement of that amendment. 15
Explanatory note 16
The effect of item [1] of the proposed amendments to the Health Practitioner Regulation 17
(Adoption of National Law) Act 2009 is to include as protected reports under the Health 18
Practitioner Regulation National Law (NSW) (the National Law (NSW)), reports 19
prepared under the National Law (NSW) about examinations of registered health 20
practitioners believed to have an impairment that may detrimentally affect their capacity 21
to practise their profession (impaired practitioner reports). 22
Under the National Law (NSW), protected reports may not be admitted or used in civil 23
proceedings before a court without the consent of both the person giving, and the 24
person the subject of, the report, and a person cannot be compelled to produce a 25
protected report, or give evidence in relation to it, in such proceedings. Protected 26
reports are also confidential information for the purposes of the National Law (NSW). 27
The proposed amendment will make the treatment of impaired practitioner reports 28
consistent with that of reports about the examination of health profession students 29
whose capacity to undertake clinical training is believed to be impaired (the latter 30
currently being protected reports under the National Law (NSW)). 31
Item [2] inserts a consequential transitional provision. 32
1.16 Heritage Act 1977 No 136 33
[1] Section 118 Minimum standards of maintenance and repair 34
Omit "building, work or relic" where firstly occurring. 35
Insert instead "building or work (other than a ruin) or a relic". 36
Page 27
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
[2] Section 118 (2)-(4) 1
Insert at the end of section 118: 2
(2) The regulations may make provision for or with respect to 3
minimum standards that may be listed on the State Heritage 4
Register for the maintenance of a ruin or a moveable object that 5
is listed on that Register, but those standards can only relate to the 6
following matters: 7
(a) the protection of the ruin or moveable object from damage 8
or destruction by fire, 9
(b) security (including fencing and surveillance measures to 10
prevent vandalism), 11
(c) essential maintenance of a moveable object (being 12
maintenance necessary to prevent serious or irreparable 13
damage or deterioration). 14
(3) Without limiting subsection (2), the regulations referred to in that 15
subsection may make provision for or with respect to: 16
(a) the means by which the minimum standards may be listed, 17
amended or revoked, and 18
(b) the enforcement of the minimum standards (including by 19
extending the operation of sections 119, 120 and 121 and 20
associated provisions, with any necessary modification, to 21
the minimum standards). 22
(4) In this section: 23
ruin means a building or work that is listed, and identified as a 24
ruin, on the State Heritage Register. 25
[3] Schedule 1 Savings and transitional provisions 26
Insert at the end of clause 1 (1): 27
Statute Law (Miscellaneous Provisions) Act (No 2) 2010, 28
to the extent that it amends this Act 29
Explanatory note 30
Item [2] of the proposed amendments to the Heritage Act 1977 (the Act) allows 31
regulations under the Act to make provision for or with respect to minimum standards 32
that may be listed on the State Heritage Register (the Register) for the maintenance 33
of a ruin or moveable object that is listed on the Register. 34
These regulations may provide for the enforcement of such standards (including by 35
extending the offence of failing to comply with minimum standards, extending the 36
operation of provisions enabling the Heritage Council to order compliance with 37
minimum standards and to take certain actions if owners fail to comply with such 38
orders, and extending the operation of various sanctions against owners who fail to 39
comply with such orders). 40
Page 28
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
The proposed amendments insert a new scheme for the maintenance of moveable 1
objects and ruins listed on the Register. The current scheme for the maintenance and 2
repair of listed items does not apply to moveable objects (nor would it accommodate 3
their diverse nature) and is inappropriate for ruins due to its requirement for repair. 4
Item [1] makes a consequential amendment. 5
Item [3] allows regulations of a savings or transitional nature to be made as a 6
consequence of the amendments to the Act proposed to be made by this Act. 7
1.17 Independent Commission Against Corruption Act 1988 8
No 35 9
[1] Section 111E 10
Insert after section 111D: 11
111E Public authority response to corruption prevention 12
recommendations of Commission 13
(1) As soon as practicable after making a recommendation under 14
section 13 (3) (b) for a specified public authority to take action to 15
reduce the likelihood of corrupt conduct occurring, the 16
Commission must furnish a copy of the recommendation to the 17
authority and to the Minister for the authority. 18
(2) The public authority must inform the Commission in writing 19
within 3 months (or such longer period as the Commission may 20
agree to in writing) after receiving the recommendation, whether 21
it proposes to implement any plan of action in response to the 22
recommendation and, if so, of the plan of action. 23
(3) A public authority that informs the Commission of such a plan 24
must provide a written report to the Commission of any progress 25
in implementing the plan: 26
(a) 12 months after informing the Commission of the plan, and 27
(b) if the plan is not then fully implemented, 12 months after 28
that. 29
[2] Schedule 1 Provisions relating to Commissioner and Assistant 30
Commissioners 31
Omit "or an Assistant Commissioner" from clause 4 (1). 32
[3] Schedule 1, clause 4 (1A) 33
Insert after clause 4 (1): 34
(1A) Subject to this Schedule, an Assistant Commissioner is to hold 35
office for such term not exceeding 7 years as may be specified in 36
the instrument of appointment, but is eligible (if otherwise 37
qualified) for re-appointment. 38
Page 29
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
[4] Schedule 1, clause 4 (3) 1
Omit "5 years". Insert instead "7 years". 2
[5] Schedule 4 Savings, transitional and other provisions 3
Insert at the end of the Schedule: 4
Part 10 Provision consequent on enactment of 5
Statute Law (Miscellaneous Provisions) 6
Act (No 2) 2010 7
29 Maximum period for which Assistant Commissioners may be 8
appointed 9
Clause 4 (3) of Schedule 1, as amended by the Statute Law 10
(Miscellaneous Provisions) Act (No 2) 2010, applies in relation to a 11
term of office whether served before or after the commencement of the 12
amendment. 13
Explanatory note 14
Item [1] of the proposed amendments to the Independent Commission Against 15
Corruption Act 1988 (the Act) requires a public authority, within 3 months of receiving 16
a copy of a recommendation of the Independent Commission Against Corruption (the 17
Commission) to take action to reduce the likelihood of corrupt conduct occurring, to 18
inform the Commission whether it proposes to implement any plan of action in 19
response to the recommendation and, if so, of the plan of action. A public authority that 20
informs the Commission of a plan of action must also inform the Commission of any 21
progress that it makes in implementing the plan. (Item [1] implements a 22
recommendation of the Committee on the Independent Commission Against 23
Corruption (the Joint Committee, being a Joint Parliamentary Committee constituted 24
under the Act) made in its Report No 3/54 - October 2008.) 25
Item [3] increases the maximum term of office of an Assistant Commissioner of the 26
Commission from 5 years to 7 years and item [2] makes a consequential amendment. 27
Item [4] increases the maximum period for which a person may hold office as an 28
Assistant Commissioner from terms totalling not more than 5 years to terms totalling 29
not more than 7 years. Item [5] inserts a consequential transitional provision. (Items [3] 30
and [4] implement recommendations of the Joint Committee made in its Report 31
No 9/54 - May 2010.) 32
1.18 Independent Pricing and Regulatory Tribunal Act 1992 No 39 33
Section 16A Passing through efficient costs in price determinations 34
Insert after section 16A (3): 35
(3A) A portfolio Minister may give a direction to the Tribunal under 36
this section only if: 37
(a) the portfolio Minister has consulted with the Tribunal on 38
the proposed direction before giving the direction, and 39
Page 30
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
(b) the Minister administering this Act has approved the 1
direction. 2
Explanatory note 3
The proposed amendment to the Independent Pricing and Regulatory Tribunal Act 4
1992 requires consultation with the Independent Pricing and Regulatory Tribunal, and 5
the approval of the Premier, before the portfolio Minister for a government agency may 6
direct the Tribunal to include in a price determination applicable to the agency an 7
amount or factor that represents the efficient cost of complying with a specified 8
requirement imposed on the agency. 9
1.19 Institute of Sport Act 1995 No 52 10
[1] Section 6 Establishment of Board 11
Insert "no fewer than 5 and no more than" before "8 people" in 12
section 6 (2) (a). 13
[2] Section 34 Review of Act 14
Omit the section. 15
[3] Schedule 1 Provisions relating to members and procedure of Board 16
Omit "Part 8 of the Public Sector Management Act 1988" from 17
clause 5 (1) (d). 18
Insert instead "Chapter 5 of the Public Sector Employment and Management 19
Act 2002". 20
[4] Schedule 1, clause 8 (1) 21
Omit "Part 2 of the Public Sector Management Act 1988". 22
Insert instead "Chapter 2 of the Public Sector Employment and Management 23
Act 2002". 24
[5] Schedule 1, clause 10 25
Omit "5 members". 26
Insert instead "a majority of the members for the time being". 27
[6] Schedule 1, clause 14 28
Omit the clause. 29
Page 31
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
[7] Schedule 2 1
Insert after Schedule 1: 2
Schedule 2 Savings, transitional and other 3
provisions 4
Part 1 Provision consequent on enactment of 5
Statute Law (Miscellaneous Provisions) 6
Act (No 2) 2010 7
1 Continuation of office of appointed members 8
The amendment to section 6 made by the Statute Law (Miscellaneous 9
Provisions) Act (No 2) 2010 does not affect the appointment of any 10
appointed member of the Board holding office as such immediately 11
before the commencement of that amendment. Any such member 12
continues, subject to Schedule 1, to hold office for the balance of his or 13
her term of office. 14
Explanatory note 15
Item [1] of the proposed amendments to the Institute of Sport Act 1995 requires 16
between 5 and 8 ministerial appointees to be on the Board of the Institute (rather than 17
8, as is currently the case). 18
Item [5] changes the quorum for a meeting of the Board of the Institute from 5 Board 19
members to a majority of Board members consequent on item [1]. 20
Items [2] and [6] omit spent provisions. 21
Items [3] and [4] update references to a repealed Act. 22
Item [7] inserts a savings and transitional provision consequent on item [1]. 23
1.20 Law Enforcement and National Security (Assumed 24
Identities) Act 2010 No 73 25
Section 31 Application of this Act to authorities under corresponding 26
laws 27
Insert after section 31 (g): 28
(h) section 34 (Identity of certain persons not to be disclosed 29
in legal proceedings). 30
Explanatory note 31
The proposed amendment to the Law Enforcement and National Security (Assumed 32
Identities) Act 2010 allows a section of the Act that imposes restrictions on the 33
disclosure in legal proceedings of the identity of a person in respect of whom an 34
assumed identity authority granted under the Act is or was in force to apply in relation 35
to the identity of a person in respect of whom such an authority granted under a 36
corresponding law in another jurisdiction is or was in force. 37
Page 32
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
1.21 Law Enforcement (Controlled Operations) Act 1997 No 136 1
Section 20S Mutual recognition of corresponding authorities 2
Insert after section 20S (h): 3
(i) section 28 (Identity of certain participants not to be 4
disclosed in legal proceedings). 5
Explanatory note 6
The proposed amendment to the Law Enforcement (Controlled Operations) Act 1997 7
allows a section of the Act that imposes restrictions on the disclosure in legal 8
proceedings of the identity of a person authorised under the Act to participate in an 9
authorised operation to apply in relation to the identity of a person authorised under a 10
corresponding law of another jurisdiction to participate in an authorised operation. 11
1.22 Licensing and Registration (Uniform Procedures) Act 2002 12
No 28 13
Schedule 3A Licences and registration to which Part 4A of Act applies 14
Omit the matter relating to the Commercial Agents and Private Inquiry Agents 15
Act 2004. 16
Explanatory note 17
The proposed amendment to the Licensing and Registration (Uniform Procedures) Act 18
2002 (the 2002 Act) removes certain references to provisions of the Commercial 19
Agents and Private Inquiry Agents Act 2004 (the CAPIA Act), with the effect that 20
provisions of the 2002 Act relating to identification photographs of applicants for 21
specified licences and certificates of registration will no longer apply to identification 22
photographs of applicants for operator licences under the CAPIA Act. The proposed 23
amendment is made as a consequence of (and to avoid potential conflict with) 24
amendments proposed to be made to the Road Transport (Driver Licensing) Act 1998 25
elsewhere in this Schedule. 26
1.23 Mining Act 1992 No 29 27
[1] Section 266 Compensation arising under mineral claim 28
Omit "an amount" from section 266 (4) (c). 29
Insert instead "the amount (if any)". 30
[2] Section 267 Compensation arising under opal prospecting licence 31
Omit "an amount" from section 267 (4) (c). 32
Insert instead "the amount (if any)". 33
Explanatory note 34
Currently, the Mining Act 1992 (the Act) specifies that the holder of a mineral claim or 35
an opal prospecting licence must pay into the Land and Environment Court an amount 36
prescribed by or determined in accordance with the regulations before exercising any 37
Page 33
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
right conferred by the claim or licence on any person's land. The proposed 1
amendments remove the requirement to prescribe an amount for the purposes of the 2
relevant sections of the Act. 3
1.24 Mining Regulation 2010 4
[1] Clause 46 Compensation arising under mineral claim 5
Omit the clause. 6
[2] Clause 53 Compensation arising under opal prospecting licence 7
Omit the clause. 8
Explanatory note 9
Currently, clauses 46 and 53 of the Mining Regulation 2010 prescribe nil as the amount 10
that the holder of a mineral claim or opal prospecting licence must pay into the Land 11
and Environment Court before exercising any right conferred by the claim or licence on 12
a person's land. The proposed amendments omit the clauses as a consequence of 13
amendments to the Mining Act 1992 that remove the requirement to prescribe a fee in 14
the regulations under the relevant sections of that Act. 15
1.25 Motor Vehicles Taxation Act 1988 No 111 16
[1] Section 3 Definitions 17
Omit the definition of pensioner from section 3 (1). 18
Insert in alphabetical order: 19
eligible pensioner means a person: 20
(a) who is entitled to hold any of the following cards issued by 21
the Commonwealth: 22
(i) a card known as a pensioner concession card, 23
(ii) a card known as a gold repatriation health card that 24
is embossed with TPI, EDA, WAR WIDOW or 25
WAR WIDOWER, 26
Note. TPI refers to totally and permanently incapacitated 27
and EDA refers to extreme disablement adjustment. 28
(iii) a card prescribed by the regulations as being 29
equivalent to any of those cards, or 30
(b) who is entitled to receive, in respect of any injury or 31
disease, a pension, or other amount, approved by the 32
Authority that is payable under the Veterans' Entitlements 33
Act 1986 of the Commonwealth or the Military 34
Rehabilitation and Compensation Act 2004 of the 35
Commonwealth, or 36
Page 34
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
(c) who is a war widow or war widower (within the meaning 1
of section 5E of the Veterans' Entitlements Act 1986 of the 2
Commonwealth). 3
[2] Section 16 Vehicles totally exempt from tax 4
Omit "a pensioner" from section 16 (1) (d) (i). 5
Insert instead "an eligible pensioner". 6
[3] Section 16 (1) (d) (i) and (iii) and (2) (b) (ii) 7
Omit "pensioners" wherever occurring. Insert instead "eligible pensioners". 8
[4] Section 16 (1) (d) (iii) and (2) (b) (i) 9
Omit "pensioner" wherever occurring. Insert instead "eligible pensioner". 10
[5] Section 16 (2) 11
Omit "A pensioner". Insert instead "An eligible pensioner". 12
Commencement 13
The amendments commence, or are taken to have commenced, on 1 January 2011. 14
Explanatory note 15
The object of the proposed amendments is to simplify the circumstances in which a 16
pensioner will be exempt from the need to pay tax on the registration of a motor vehicle. 17
The main changes from the current pensioner exemption are as follows: 18
(a) a person will now only need to prove that the person is entitled to hold a 19
pensioner concession card rather than being required to actually hold the card 20
(thereby allowing a person who has been given an interim card or voucher until 21
his or her pensioner concession card is processed and issued to be entitled to 22
the exemption), 23
(b) additional cards will be accepted as evidence that a person is eligible to receive 24
benefits as a member or former member of the Australian Defence Force, war 25
widow or war widower (being a person who is covered by the Veterans' 26
Entitlements Act 1986 of the Commonwealth or the Military Rehabilitation and 27
Compensation Act 2004 of the Commonwealth), 28
(c) the exemption for members or former members of the Defence Force who 29
receive a pension, or other amount, approved by the RTA will now apply to a 30
person if the person's entitlement arises: 31
(i) under the Veterans' Entitlements Act 1986 of the Commonwealth or the 32
Military Rehabilitation and Compensation Act 2004 of the 33
Commonwealth, rather than just under the first of those Acts, and 34
(ii) because of any injury or disease rather than being limited to a 35
war-caused disability that seriously affects the person's powers of 36
movement, 37
(d) the exemption also extends to war widowers rather than only to war widows and 38
will apply regardless of how old the person is (the present exemption does not 39
apply to a widow over 60 unless she holds a pensioner concession card), 40
(e) the requirement to hold a driver licence, or to otherwise satisfy the RTA of 41
eligibility, before obtaining a pensioner exemption is removed. 42
Page 35
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
1.26 Plant Diseases Act 1924 No 38 1
Sections 3 and 28B 2
Insert "bacterium, fungus, viroid," after "kingdom," in the definition of 3
Disease in section 3 (1) and in section 28B (a), wherever occurring. 4
Explanatory note 5
The proposed amendments to the Plant Diseases Act 1924 will extend the definition of 6
disease in the Act to include any bacterium, fungus or viroid which causes an abnormal 7
or unhealthy condition in plants and will also allow the Governor to declare by 8
proclamation any bacterium, fungus or viroid which causes an abnormal or unhealthy 9
condition in plants to be a disease for the purposes of the Act. 10
1.27 Public Sector Employment and Management Act 2002 No 43 11
Section 141 Delegation of functions of Board 12
Insert after section 141 (1): 13
(1A) A delegate may subdelegate to an authorised person any function 14
delegated under this section if the delegate is authorised by the 15
terms of the delegation to do so. 16
Explanatory note 17
The proposed amendment to the Public Sector Employment and Management Act 18
2002 will allow an authorised person (being a member of the State Contracts Control 19
Board, a subcommittee of the Board, a member of staff of a Division of the Government 20
Service, a statutory body, a statutory officer or any other person or body of persons 21
approved by the Minister) to subdelegate to another authorised person any function 22
delegated under the Act to the authorised person by the State Contracts Control Board. 23
1.28 Residential Tenancies Act 2010 No 42 24
[1] Section 8 Agreements to which Act does not apply 25
Omit "or to any moveable dwelling for which such an agreement is required" 26
from section 8 (2). 27
[2] Section 33 Payment of rent by tenant 28
Omit the penalty provision at the end of the section. 29
Insert instead after subsections (2) and (3), respectively: 30
Maximum penalty: 10 penalty units. 31
[3] Section 36 Rent receipts 32
Omit "in person" from section 36 (2). 33
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
[4] Section 41 Rent increases 1
Omit section 41 (2). Insert instead: 2
(2) This section extends to an increase in the rent payable under a 3
residential tenancy agreement on renewal of the agreement as if 4
the increase were an increase during the term of the agreement. 5
Note. Notice of a rent increase on renewal is required under 6
subsection (1) before the lease is renewed. 7
[5] Section 130 Disposal of non-perishable goods (other than personal 8
documents) 9
Omit "any occupation fee payable under this section" from section 130 (4). 10
Insert instead "an occupation fee calculated in accordance with section 132". 11
[6] Section 209 Definitions 12
Insert in alphabetical order: 13
database operator means an entity that operates a residential 14
tenancy database. 15
Explanatory note 16
Item [1] of the proposed amendments to the (uncommenced) Residential Tenancies 17
Act 2010 (the Act) removes wording that makes an unnecessary distinction in 18
describing a class of residential tenancy agreements (being those to which the 19
Residential Parks Act 1998 applies) that are excluded from the operation of the Act. 20
Item [2] makes it clear that the maximum penalty provided for in a section of the Act 21
dealing with payment of rent by a tenant under a residential tenancy agreement applies 22
only to a contravention of a landlord's obligations under the section and, consistent with 23
the Residential Tenancies Act 1987, not to a contravention of a tenant's obligation 24
under the section. 25
The effect of item [3] is to require a person who receives rent under a residential 26
tenancy agreement by cheque to issue a rent receipt in accordance with the Act 27
whether the rent is paid by cheque in person or by cheque sent by post (rather than 28
only if it is paid by cheque in person, as is currently the case). 29
Item [4] makes it clear that a provision that requires prior notice to be given to a tenant 30
of any increase in the rent payable under a residential tenancy agreement extends to 31
a rent increase on the renewal of the agreement. 32
Item [5] replaces an incorrect reference to a section of the Act under which an 33
occupation fee is payable (which makes no provision for such a fee) with a cross 34
reference to a section of the Act that provides for the method for calculating such a fee. 35
Item [6] inserts a definition for the purposes of a Part of the Act dealing with residential 36
tenancy databases. 37
Page 37
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
1.29 Retirement Villages Act 1999 No 81 1
[1] Section 19 Information to be provided to prospective residents 2
Omit section 19 (1). Insert instead: 3
(1) The Director-General may approve the content and form of 4
information that the operator of a retirement village must provide 5
to a prospective resident of the retirement village. 6
[2] Section 19 (2) 7
Omit "information in accordance with any such notice". 8
Insert instead "the approved information in the approved form at or before the 9
time the general inquiry document is provided to the prospective resident or 10
person acting on behalf of the prospective resident". 11
[3] Section 19 (3) 12
Omit "a notice may require the operator of a retirement village to provide 13
information relating". 14
Insert instead "the approved information may relate". 15
[4] Section 24A Retirement village land to be recorded on Register 16
Omit the last sentence in section 24A (6). 17
Explanatory note 18
Currently, the Retirement Villages Act 1999 (the Act) allows the Director-General to 19
specify information that a retirement village operator must provide to prospective or 20
existing village residents, but only by means of a written notice to each operator. 21
Item [1] of the proposed amendments to the Act allows the Director-General to specify 22
such information by approving its content and form. Items [1] and [2] require the 23
operator to provide the approved information in the approved form only to prospective 24
residents, at or before the time the prospective resident is provided with a general 25
inquiry document under the Act. Item [3] makes a consequential amendment. 26
Item [4] omits a requirement for a retirement village operator to provide the holder of a 27
registered interest in land in the retirement village with a written statement of the effect 28
of a Part of the Act that provides for the creation of a statutory charge over such land 29
to secure certain entitlements of former village occupants. (Currently, the operator 30
must provide the statement to the interest holder along with written notice that the 31
retirement village land has been recorded as such in the relevant Register.) 32
Page 38
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
1.30 Road Transport (Driver Licensing) Act 1998 No 99 1
[1] Section 39 Photographs to which this Part applies 2
Insert at the end of section 39 (c) (iii): 3
, and 4
(d) photographs in the possession of the Authority that were 5
taken or provided for the purpose of applications for the 6
issue or renewal of an operator licence under the 7
Commercial Agents and Private Inquiry Agents Act 2004. 8
[2] Section 40 Purposes for which photographs may be kept and used 9
Insert after section 40 (1) (a) (iii): 10
(iv) an operator licence under the Commercial Agents 11
and Private Inquiry Agents Act 2004, 12
[3] Section 41 Release of photographs prohibited 13
Insert after section 41 (1) (c) (i): 14
(ii) in relation to an operator licence under the 15
Commercial Agents and Private Inquiry Agents Act 16
2004, or 17
Explanatory note 18
The proposed amendments to the Road Transport (Driver Licensing) Act 1998 apply 19
certain restrictions on the RTA's use, retention and release of identification 20
photographs that it stores in relation to applications for driver licences, "proof of age" 21
cards and various other licences and permits, to identification photographs that it stores 22
in relation to applications for operator licences under the Commercial Agents and 23
Private Inquiry Agents Act 2004. 24
1.31 Strata Schemes (Freehold Development) Act 1973 No 68 25
Section 12 Consolidation of lots 26
Insert at the end of the section: 27
(2) Section 88B of the Conveyancing Act 1919 applies to a strata plan 28
of consolidation in the same way as it applies to a strata plan or 29
strata plan of subdivision under section 7 (3). 30
Explanatory note 31
The proposed amendment to the Strata Schemes (Freehold Development) Act 1973 32
enables easements to be created or released or covenants to be created over lots in a 33
strata scheme under the Act on registration of a strata plan providing for consolidation 34
of the lots. Currently, this method of creating or releasing easements or covenants (that 35
is, by registration of a plan) is only available in relation to registration of the original plan 36
for a strata scheme or a plan to subdivide lots or common property in a strata scheme. 37
Page 39
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 1 Minor amendments
1.32 Strata Schemes (Leasehold Development) Act 1986 No 219 1
Section 15 Consolidation of lots 2
Insert at the end of the section: 3
(2) Section 88B of the Conveyancing Act 1919 applies to a strata plan 4
of consolidation in the same way as it applies to a strata plan or 5
strata plan of subdivision under section 6 (4). 6
(3) Section 6 (5) extends to a strata plan of consolidation. 7
Explanatory note 8
The proposed amendment to the Strata Schemes (Leasehold Development) Act 1986 9
enables easements to be created or released or covenants to be created over lots in a 10
leasehold strata scheme under the Act on registration of a strata plan providing for 11
consolidation of the lots. Currently, this method of creating or releasing easements or 12
covenants (that is, by registration of a plan) is only available in relation to registration 13
of the original plan for a leasehold strata scheme or a plan to subdivide lots or common 14
property in a leasehold strata scheme. 15
A related ancillary provision in the Act is also extended to apply to strata plans providing 16
for consolidation of lots. 17
1.33 Subordinate Legislation Act 1989 No 146 18
[1] Section 10A Certain statutory rules to remain in force 19
Omit section 10A (1) (b)-(e). 20
[2] Section 10A (1A) 21
Insert after section 10A (1): 22
(1A) Despite the other provisions of this Part, the following statutory 23
rules remain in force until 1 September 2012, unless sooner 24
repealed: 25
(a) Children and Young Persons (Care and Protection) 26
Regulation 2000, 27
(b) Electricity Supply (General) Regulation 2001, 28
(c) Employment Protection Regulation 2001, 29
(d) Industrial Relations (General) Regulation 2001, 30
(e) Public Health (Microbial Control) Regulation 2000, 31
(f) Public Health (Skin Penetration) Regulation 2000, 32
(g) Public Health (Swimming Pools and Spa Pools) 33
Regulation 2000, 34
Page 40
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Minor amendments Schedule 1
(h) Road Transport (Safety and Traffic Management) 1
Regulation 1999. 2
Explanatory note 3
The proposed amendments to the Subordinate Legislation Act 1989 (the Act) have the 4
effect of keeping a number of regulations in force for a further period of one year after 5
the date on which they would otherwise be repealed by the Act. However, any of the 6
Regulations may be repealed sooner by other legislation. 7
This is necessary as the regulations have each been postponed on at least 8
5 occasions, and are now due to be repealed by the Act on 1 September 2011. 9
Each of the regulations continues to be required and the repeal of each of the 10
regulations is to be further postponed until 1 September 2012 for the following reasons: 11
(a) The Department of Human Services is currently undertaking a review of the 12
Children and Young Persons (Care and Protection) Regulation 2000 which is 13
not likely to be completed before 1 September 2011. 14
(b) The Ministerial Council on Energy is currently undertaking a national energy 15
market reform program which is expected to result in significant regulatory 16
changes to areas that are dealt with by the Electricity Supply (General) 17
Regulation 2001. It is therefore proposed to await these changes before 18
remaking the regulation. 19
(c) The Department of Services, Technology and Administration is proposing to 20
undertake a full review of the Industrial Relations Act 1996 and the Employment 21
Protection Act 1982 as a consequence of the operation of the Fair Work Act 22
2009 of the Commonwealth and the referral of certain matters relating to 23
industrial relations to the Commonwealth. In light of this it is considered to be 24
premature to remake the Employment Protection Regulation 2001 and the 25
Industrial Relations (General) Regulation 2001 before the outcome of that 26
review is known. 27
(d) The Department of Health is currently preparing a new Public Health Act which 28
is to repeal and replace the Public Health Act 1991. The Public Health (Microbial 29
Control) Regulation 2000, Public Health (Skin Penetration) Regulation 2000 30
and the Public Health (Swimming Pools and Spa Pools) Regulation 2000 will be 31
repealed on the repeal of the Public Health Act 1991. It is therefore considered 32
not to be a good use of resources to remake those regulations before that 33
repeal. 34
(e) The RTA is currently preparing to consolidate road transport legislation. As part 35
of that consolidation the matters dealt with by the Road Transport (Safety and 36
Traffic Management) Regulation 1999 will be included in more general road 37
transport regulation. It is therefore proposed to await that consolidation rather 38
than remaking the regulation. 39
Page 41
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law 1
revision 2
2.1 Aboriginal Land Rights Regulation 2002 3
Clause 100 (2) 4
Omit "Section 6 of the Commercial Arbitration Act 1984". 5
Insert instead "Section 10 of the Commercial Arbitration Act 2010". 6
Explanatory note 7
The proposed amendment updates a cross-reference. 8
2.2 Agricultural Tenancies Act 1990 No 64 9
Section 26K, note 10
Omit "Commercial Arbitration Act 1984". 11
Insert instead "Commercial Arbitration Act 2010". 12
Explanatory note 13
The proposed amendment updates a cross-reference. 14
2.3 Apprenticeship and Traineeship Regulation 2010 15
Clause 11 (1) (b), (2) (b) and (3) (b) 16
Omit "subpararaphs" wherever occurring. Insert instead "subparagraphs". 17
Explanatory note 18
The proposed amendment corrects typographical errors. 19
2.4 Balranald Local Environmental Plan 2010 20
[1] Clause 6.6 (3), definition of "waterfront land" 21
Omit "bed or". Insert instead "bed of". 22
[2] Clause 6.6 (3), definition of "waterfront land" 23
Omit "high". Insert instead "highest". 24
Explanatory note 25
The proposed amendments correct typographical errors. 26
Page 42
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Amendments by way of statute law revision Schedule 2
2.5 Bellingen Local Environmental Plan 2010 1
Clause 4.2A (5) 2
Omit "suclauses". Insert instead "subclauses". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.6 Building Professionals Act 2005 No 115 6
Section 34 (4) 7
Omit "subsection (2) (f)". Insert instead "subsection (2) (g)". 8
Explanatory note 9
The proposed amendment corrects a cross-reference. 10
2.7 Camden Local Environmental Plan 2010 11
Clause 4.2A 12
Renumber subclause (3) where secondly occurring as subclause (4). 13
Explanatory note 14
The proposed amendment corrects numbering. 15
2.8 Children and Young Persons (Care and Protection) Act 1998 16
No 157 17
Section 229 (1A) 18
Omit the penalty provision. 19
Explanatory note 20
The proposed amendment clarifies the operation of a penalty. 21
2.9 Children's Court Rule 2000 22
Clause 30G (3), note 23
Omit "section 14M of". Insert instead "clause 13 of Schedule 1 to". 24
Explanatory note 25
The proposed amendment corrects a cross-reference. 26
2.10 Civil Procedure Act 2005 No 28 27
[1] Section 9 (4) 28
Omit "section 14B of". Insert instead "clause 2 of Schedule 1 to". 29
Page 43
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 2 Amendments by way of statute law revision
[2] Section 9 (4) 1
Omit "section 14C of". Insert instead "clause 3 of Schedule 1 to". 2
Explanatory note 3
The proposed amendments correct cross-references. 4
2.11 Coastal Protection and Other Legislation Amendment Act 5
2010 No 78 6
Schedule 3.2 7
Omit "section 79C (1) (iv)". Insert instead "section 79C (1) (a) (iv)". 8
Explanatory note 9
The proposed amendment corrects an incorporation direction. 10
2.12 Community Land Management Regulation 2007 11
Clause 20, note 12
Omit "Consumer, Trader and Tenancy Tribunal Regulation 2002". 13
Insert instead "Consumer, Trader and Tenancy Tribunal Regulation 2009". 14
Explanatory note 15
The proposed amendment updates a cross-reference. 16
2.13 Consumer, Trader and Tenancy Tribunal Regulation 2009 17
[1] Clause 36A 18
Omit "section 14B of". Insert instead "clause 2 of Schedule 1 to". 19
[2] Clause 36B (2) (b) 20
Omit "section 14E of". Insert instead "clause 5 of Schedule 1 to". 21
Explanatory note 22
The proposed amendments correct cross-references. 23
2.14 Coroners Act 2009 No 41 24
Section 104 (3) 25
Omit "section 14C of". Insert instead "clause 3 of Schedule 1 to". 26
Explanatory note 27
The proposed amendment corrects a cross-reference. 28
Page 44
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Amendments by way of statute law revision Schedule 2
2.15 District Court Act 1973 No 9 1
[1] Section 161 (6B) 2
Omit "section 14B of". Insert instead "clause 2 of Schedule 1 to". 3
[2] Section 161 (6B) 4
Omit "section 14C of". Insert instead "clause 3 of Schedule 1 to". 5
Explanatory note 6
The proposed amendments correct cross-references. 7
2.16 Dust Diseases Tribunal Act 1989 No 63 8
[1] Section 33 (8) 9
Omit "section 14B of". Insert instead "clause 2 of Schedule 1 to". 10
[2] Section 33 (8) 11
Omit "section 14C of". Insert instead "clause 3 of Schedule 1 to". 12
Explanatory note 13
The proposed amendments correct cross-references. 14
2.17 Election Funding and Disclosures Act 1981 No 78 15
Section 95B (5), heading 16
Omit "aggregration". Insert instead "aggregation". 17
Explanatory note 18
The proposed amendment corrects a typographical error. 19
2.18 Electricity Supply Act 1995 No 94 20
[1] Section 65 (4) 21
Omit "Section 102". Insert instead "Section 185". 22
[2] Section 65 (4), note 23
Omit "section 102". Insert instead "section 185". 24
[3] Section 160 (1) (b) and (c) 25
Omit "a Cabinet document" wherever occurring. 26
Insert instead "Cabinet information". 27
Page 45
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 2 Amendments by way of statute law revision
[4] Section 160 (2) 1
Omit "a document is a Cabinet document". 2
Insert instead "information is Cabinet information". 3
[5] Section 160 (3) 4
Omit the definition of Cabinet document. Insert instead: 5
Cabinet information means information that is Cabinet 6
information under the Government Information (Public Access) 7
Act 2009. 8
Explanatory note 9
Items [1] and [2] of the proposed amendments correct cross-references. 10
Items [3]-[5] of the proposed amendments update terminology. 11
2.19 Electronic Transactions (ECM Courts) Order 2005 12
Clause 7 13
Omit "section 14C of". Insert instead "clause 3 of Schedule 1 to". 14
Explanatory note 15
The proposed amendment corrects a cross-reference. 16
2.20 Electronic Transactions Regulation 2007 17
Clause 8 (3) 18
Omit "Part 2A of". Insert instead "Schedule 1 to". 19
Explanatory note 20
The proposed amendment corrects a cross-reference. 21
2.21 Firearms Act 1996 No 46 22
Section 30 23
Renumber subsection (8) where firstly occurring as subsection (7A). 24
Explanatory note 25
The proposed amendment corrects numbering. 26
2.22 Gunnedah Local Environmental Plan 1998 27
Schedule 3, Column 1 28
Omit "Rerserve". Insert instead "Reserve". 29
Explanatory note 30
The proposed amendment corrects a typographical error. 31
Page 46
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Amendments by way of statute law revision Schedule 2
2.23 Health Practitioner Regulation (Adoption of National Law) 1
Act 2009 No 86 2
Schedule 1 [13] section 138 (1), paragraph (b) of definition of "Minister" 3
Omit "Ministering". Insert instead "Minister". 4
Explanatory note 5
The proposed amendment corrects a typographical error. 6
2.24 Health Practitioner Regulation (New South Wales) 7
Regulation 2010 8
Clause 17 (1) (b) 9
Omit "Guardianship". Insert instead "Guardian". 10
Explanatory note 11
The proposed amendment corrects a cross-reference. 12
2.25 Illawarra Regional Environmental Plan No 1 13
Clause 4 14
Omit "Municipalitity". Insert instead "Municipality". 15
Explanatory note 16
The proposed amendment corrects a typographical error. 17
2.26 Jury Regulation 2010 18
[1] Clause 5 (a) 19
Omit "assumed identity approval is in force under the Law Enforcement and 20
National Security (Assumed Identities) Act 1998". 21
Insert instead "authority is in force under the Law Enforcement and National 22
Security (Assumed Identities) Act 2010". 23
[2] Clause 5 (b) 24
Insert "authority was in force under the Law Enforcement and National 25
Security (Assumed Identities) Act 2010 or an" after "whom an". 26
Explanatory note 27
The proposed amendments update cross-references. 28
2.27 Land and Environment Court Act 1979 No 204 29
[1] Section 74 (7) 30
Omit "section 14B of". Insert instead "clause 2 of Schedule 1 to". 31
Page 47
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 2 Amendments by way of statute law revision
[2] Section 74 (7) 1
Omit "section 14C of". Insert instead "clause 3 of Schedule 1 to". 2
Explanatory note 3
The proposed amendments correct cross-references. 4
2.28 Local Court Act 2007 No 93 5
[1] Section 42 (4) 6
Omit "section 14B of". Insert instead "clause 2 of Schedule 1 to". 7
[2] Section 42 (4) 8
Omit "section 14C of". Insert instead "clause 3 of Schedule 1 to". 9
Explanatory note 10
The proposed amendments correct cross-references. 11
2.29 Marine Safety (General) Regulation 2009 12
[1] Clause 76 (3) 13
Omit "Subclause (1)". Insert instead "Subclause (2)". 14
[2] Schedule 2, Rule 3 (m) 15
Omit "Grand". Insert instead "Ground". 16
[3] Schedule 2, Rule 23 (a) (ii) 17
Omit "and may". Insert instead "but may". 18
[4] Schedule 2, Rule 24 (a) (i) 19
Omit "stem". Insert instead "stern". 20
[5] Schedule 2, Rule 24 (d) 21
Omit "apply". Insert instead "applies". 22
[6] Schedule 2, Rule 24 (e) (iii) 23
Omit "where the length". Insert instead "if the length". 24
[7] Schedule 2, Rule 27 (b) (iv) and (d) (iii) 25
Omit "an" wherever occurring. Insert instead "at". 26
Explanatory note 27
Item [1] of the proposed amendments corrects a cross-reference. 28
Items [2]-[7] of the proposed amendments correct typographical errors. 29
Page 48
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Amendments by way of statute law revision Schedule 2
2.30 Nambucca Local Environmental Plan 2010 1
Schedule 3, Part 1, Strata subdivision 2
Omit "State Environmental Planning Policy 71--Coastal Protection" from 3
subclause (2). 4
Insert instead "State Environmental Planning Policy No 71--Coastal 5
Protection". 6
Explanatory note 7
The proposed amendment corrects a typographical error. 8
2.31 National Park Estate (Riverina Red Gum Reservations) Act 9
2010 No 22 10
Schedule 4 11
Omit "sylvicultural". Insert instead "silvicultural". 12
Explanatory note 13
The proposed amendment corrects a typographical error. 14
2.32 National Parks and Wildlife Regulation 2009 15
Schedule 3 Savings, transitional and other provisions 16
Renumber the Schedule as Schedule 4. 17
Explanatory note 18
The proposed amendment corrects numbering. 19
2.33 Petroleum (Onshore) Act 1991 No 84 20
Section 3 (1), definition of "landholder" 21
Omit the note to paragraph (g1). 22
Explanatory note 23
The proposed amendment omits a redundant note. 24
2.34 Protection of the Environment Operations (Clean Air) 25
Regulation 2010 26
Clause 79 27
Omit "Protection of the Environment (Clean Air) Regulation 2002". 28
Insert instead "Protection of the Environment Operations (Clean Air) 29
Regulation 2002". 30
Explanatory note 31
The proposed amendment corrects a cross-reference. 32
Page 49
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 2 Amendments by way of statute law revision
2.35 Radiation Control Amendment Act 2010 No 91 1
Schedule 1 [5], proposed section 8 (1) 2
Omit "caries". Insert instead "carries". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.36 Real Property Act 1900 No 25 6
Section 4A (1) 7
Omit "Land and Property Management Authority". 8
Insert instead "Department". 9
Explanatory note 10
The proposed amendment updates a reference to a Department. 11
2.37 Road Transport (General) Act 2005 No 11 12
[1] Section 130 (1) (a) 13
Omit "an applicable road law or". 14
[2] Section 130 (1) (a), note 15
Insert at the end of section 130 (1) (a): 16
Note. Australian applicable road law is defined in section 3 (1) to 17
mean an applicable road law or a corresponding applicable road law. 18
Explanatory note 19
Item [1] of the proposed amendments omits redundant words. 20
Item [2] of the proposed amendments inserts a note to clarify the amendment made by 21
item [1]. 22
2.38 Road Transport (Vehicle Registration) Regulation 2007 23
Clause 57 (2) (a) (ii) 24
Omit "scheduled". 25
Explanatory note 26
The proposed amendment omits a redundant word. 27
2.39 Supreme Court Act 1970 No 52 28
[1] Section 124 (10B) 29
Omit "section 14B of". Insert instead "clause 2 of Schedule 1 to". 30
Page 50
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Amendments by way of statute law revision Schedule 2
[2] Section 124 (10B) 1
Omit "section 14C of". Insert instead "clause 3 of Schedule 1 to". 2
Explanatory note 3
The proposed amendments correct cross-references. 4
2.40 Transport Administration Act 1988 No 109 5
Schedule 6A, clause 12 (1A) 6
Omit "Commercial Arbitration Act 1984". 7
Insert instead "Commercial Arbitration Act 2010". 8
Explanatory note 9
The proposed amendment updates a cross-reference. 10
2.41 Wagga Wagga Local Environmental Plan 2010 11
Dictionary, definition of "groundwater" 12
Omit "aquifier". Insert instead "aquifer". 13
Explanatory note 14
The proposed amendment corrects a typographical error. 15
2.42 Water Sharing Plan for the Peel Valley Regulated, 16
Unregulated, Alluvium and Fractured Rock Water Sources 17
2010 18
[1] Clause 6 (1) 19
Omit "Mooki Creek". Insert instead "Mooki River". 20
[2] Clause 81, note 21
Omit "clause 83". Insert instead "clause 81". 22
Explanatory note 23
The proposed amendments correct typographical errors. 24
Page 51
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 3 On-line notification of the making of statutory instruments
Schedule 3 On-line notification of the making of 1
statutory instruments 2
3.1 Children (Detention Centres) Act 1987 No 57 3
Section 5 (1) and (4) 4
Omit "in the Gazette" wherever occurring. 5
Insert instead "on the NSW legislation website". 6
3.2 Conveyancers Licensing Act 2003 No 3 7
Sections 9 (1) and 10 (4), definition of "corresponding law" 8
Omit "in the Gazette" wherever occurring. 9
Insert instead "on the NSW legislation website". 10
3.3 Conveyancers Licensing Regulation 2006 11
Clause 6 (2) (a) 12
Omit "in the Gazette". Insert instead "on the NSW legislation website". 13
3.4 Crimes (Administration of Sentences) Act 1999 No 93 14
Section 28 (1) 15
Omit "in the Gazette". Insert instead "on the NSW legislation website". 16
3.5 Electronic Transactions Act 2000 No 8 17
[1] Schedule 1 18
Insert after clause 2 (2): 19
(3) An order establishing an electronic case management system 20
under this clause may be published on the NSW legislation 21
website or in such other manner as determined by the Attorney 22
General. 23
[2] Schedule 1 24
Omit "in the Gazette" from clause 3. 25
Insert instead "on the NSW legislation website". 26
Page 52
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
On-line notification of the making of statutory instruments Schedule 3
3.6 Energy and Utilities Administration Act 1987 No 103 1
[1] Sections 24 (2), 26 (5) and 34D (1) 2
Omit "in the Gazette" wherever occurring. 3
Insert instead "on the NSW legislation website". 4
[2] Sections 25 (4) (a) and 27 (3) (a) 5
Insert "or on the NSW legislation website" after "Gazette" wherever 6
occurring. 7
3.7 Environmental Planning and Assessment Act 1979 No 203 8
Section 118 (7), (7A) and (9) 9
Insert "or on the NSW legislation website" after "Gazette" wherever 10
occurring. 11
3.8 Essential Services Act 1988 No 41 12
[1] Sections 4 (2) and (4) and 8 (1) and (4) 13
Omit "in the Gazette" wherever occurring. 14
Insert instead "on the NSW legislation website". 15
[2] Sections 9 (4) (a), 10 (6) and 11 (3) (a) 16
Insert "or on the NSW legislation website" after "Gazette" wherever 17
occurring. 18
3.9 Prisoners (Interstate Transfer) Act 1982 No 104 19
Section 6 (1) 20
Omit "in the Gazette". Insert instead "on the NSW legislation website". 21
3.10 Property, Stock and Business Agents Act 2002 No 66 22
Sections 15 (1) and 21 (2) 23
Omit "in the Gazette" wherever occurring. 24
Insert instead "on the NSW legislation website". 25
Page 53
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 3 On-line notification of the making of statutory instruments
3.11 Road Obstructions (Special Provisions) Act 1979 No 9 1
Sections 2A (2) and 10 (3) 2
Omit "in the Gazette" wherever occurring. 3
Insert instead "on the NSW legislation website". 4
3.12 State Emergency and Rescue Management Act 1989 No 165 5
Section 34 (b) 6
Insert "or on the NSW legislation website" after "Gazette". 7
3.13 Workplace Injury Management and Workers Compensation 8
Act 1998 No 86 9
Section 30 (1A) 10
Omit the subsection. Insert instead: 11
(1A) Before a WorkCover Guideline is published in the Gazette or a 12
regulation (whether made under this Act or the 1987 Act) is 13
published on the NSW legislation website, a copy of the 14
Guideline or the regulation must be provided to the Council. 15
Explanatory note 16
This Schedule contains amendments that relate to the official notification of the making 17
of certain statutory instruments on the NSW legislation website that is maintained by 18
the Parliamentary Counsel. The amendments provide that certain statutory instruments 19
such as orders and notices are required to be, or may be, published on the NSW 20
legislation website instead of in the Gazette. 21
Page 54
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Repeals Schedule 4
Schedule 4 Repeals 1
Part 1 Repeals 2
1 Repeal of redundant Acts, instruments and provisions 3
The following Acts and instruments, or provisions of Acts, are repealed: 4
Act or instrument Provisions repealed
Appropriation Act 2009 No 43 Whole Act
Appropriation (Budget Variations) Act 2009 Whole Act
No 10
Appropriation (Parliament) Act 2009 No 44 Whole Act
Appropriation (Special Offices) Act 2009 No 45 Whole Act
Coal Mines Regulation (Transitional Whole Regulation
Provisions) Regulation 1984
Duties (Marketable Securities) Order 1998 Whole Order
Government Insurance Office (Privatisation) Whole Regulation
Savings and Transitional Regulation 1992
Home Building Legislation Amendment Act Section 6
2001 No 51
2 Repeal of amending provisions that have commenced 5
The following Acts, or provisions of Acts, are repealed: 6
Act Provisions repealed
Assisted Reproductive Technology Act 2007 Section 73 and Schedule 2
No 69
Coroners Act 2009 No 41 Schedule 3 (Consequential
amendment of Acts and
Regulations)
Marine Safety Act 1998 No 121 Schedule 3.4, 3.5, 3.6 and
3.7 [1], [2] and [14]
Miscellaneous Acts (Coal Mines Regulation) Whole Act
Repeal and Amendment Act 1982 No 69
Miscellaneous Acts (Planning) Repeal and Sections 4 and 5 and
Amendment Act 1979 No 205 Schedules 1 and 2
Police (Special Provisions) Act 1901 No 5 First Schedule
Page 55
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 4 Repeals
Act Provisions repealed
Private Health Facilities Act 2007 No 9 Section 67 and Schedule 5
Sydney Water Catchment Management Act Section 72
1998 No 171
Workers Compensation Legislation Amendment Whole Act
Act 1995 No 30
3 Repeal of provisions that amend Acts or instruments that have since 1
been repealed or superseded 2
The following Acts, or provisions of Acts, are repealed: 3
Act Provisions repealed
Children and Young Persons Legislation Section 3 and Schedule
(Repeal and Amendment) Act 1998 No 158 2.10
Children (Care and Protection) (Personal and Whole Act
Family Violence) Amendment Act 1987 No 186
Crimes (Sentencing Legislation) Amendment Whole Act
(Intensive Correction Orders) Act 2010 No 48
Health Care Complaints Act 1993 No 105 Section 102 and
Schedule 3
Road Transport Legislation Amendment Act Schedule 2
2008 No 61
4 Repeal of Acts whose provisions are transferred by Part 2 4
The following Acts are repealed: 5
Act Provisions repealed
National Parks and Wildlife (Adjustment of Whole Act
Areas) Act 2006 No 15
National Parks and Wildlife (Broken Head Whole Act
Nature Reserve) Act 2010 No 12
National Parks and Wildlife (Further Whole Act
Adjustment of Areas) Act 2005 No 60
National Parks and Wildlife (Leacock Regional Whole Act
Park) Act 2008 No 20
Page 56
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Repeals Schedule 4
5 Repeal of Residential Parks Amendment (Statutory Review) Act 2005 1
No 117 2
The Residential Parks Amendment (Statutory Review) Act 2005 is 3
repealed. 4
Explanatory note 5
Clause 5 repeals the Residential Parks Amendment (Statutory Review) Act 2005 (the 6
2005 Act) which contains only formal provisions, and uncommenced amendments 7
relating to the payment of charges for gas under residential tenancy agreements to 8
which the Residential Parks Act 1998 (the 1998 Act) applies. The uncommenced 9
amendments were part of a raft of amendments made by the 2005 Act as a result of a 10
ministerial review of the 1998 Act and have since been superseded by proposed 11
national reforms in the area. 12
Part 2 Transfer of existing provisions to enable repeal 13
of separate Acts 14
Amendment of National Parks and Wildlife Act 1974 No 80 15
Insert after Part 1 of Schedule 2 (Revocation of reservation or dedication of 16
certain land): 17
Part 2 Revocations under the National Parks and 18
Wildlife (Further Adjustment of Areas) Act 19
2005 20
3 Revocation in Illawarra Escarpment State Conservation Area 21
(1) The reservation under this Act as state conservation area of land 22
to which this clause applies, being part of Illawarra Escarpment 23
State Conservation Area, is revoked. 24
(2) This clause applies to land within Lot 2, DP 1083121 and those 25
parts of Lot 31, DP 1083116 that were within Illawarra 26
Escarpment State Conservation Area immediately before the 27
commencement of section 3 of the National Parks and Wildlife 28
(Further Adjustment of Areas) Act 2005. 29
(3) On the revocation of the reservation as state conservation area of 30
land to which this clause applies, that land: 31
(a) is vested in the Crown for an estate in fee simple, freed and 32
discharged from all trusts, obligations, estates, interests 33
and rights of way or other easements, and 34
(b) is subject to the Crown Lands Act 1989. 35
Page 57
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 4 Repeals
4 Revocation in Jerrawangala National Park and Morton National 1
Park 2
(1) The reservation under this Act as national park of land to which 3
this clause applies, being part of Jerrawangala National Park and 4
part of Morton National Park, is revoked. 5
(2) This clause applies to the following land: 6
(a) land within Lots 31-33, DP 1075211, 7
(b) land within Lots 64-68, DP 1075869, Lots 100-111, 8
DP 1078152 and Lots 11-32, DP 1080225. 9
(3) On the revocation of the reservation as national park of land to 10
which this clause applies, that land is vested in the Minister on 11
behalf of the Crown for the purposes of Part 11 of this Act for an 12
estate in fee simple, freed and discharged from all trusts, 13
obligations, estates, interests, rights of way or other easements. 14
(4) The Minister must not transfer under Part 11 of this Act: 15
(a) the whole or any part of land to which this clause applies, 16
or 17
(b) any interest in that land, 18
unless other land is first transferred into the national park estate 19
as compensation for the excision of that land (being other land the 20
Minister is satisfied is of equal or greater conservation value in 21
terms of natural and cultural heritage). 22
(5) For the purposes of subclause (4), the national park estate 23
comprises land reserved under this Act or land acquired by the 24
Minister under Part 11 of this Act for the purposes of its 25
reservation under this Act. 26
5 Transferred provisions to which Interpretation Act 1987 applies 27
Clauses 3 and 4 re-enact (with minor modification) sections 3-5 28
of the National Parks and Wildlife (Further Adjustment of Areas) 29
Act 2005. Clauses 3 and 4 are transferred provisions to which 30
section 30A of the Interpretation Act 1987 applies. 31
Part 3 Revocations under the National Parks and 32
Wildlife (Adjustment of Areas) Act 2006 33
6 Revocation in Bargo State Conservation Area 34
The reservation under this Act as state conservation area of land 35
within Lot 100, DP 1088254, being part of Bargo State 36
Conservation Area, is revoked. 37
Page 58
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Repeals Schedule 4
7 Reservation of certain Crown land as state conservation area or 1
national park 2
(1) The land shown coloured pink on the map catalogued 3
Misc R 00105 in the Department of Environment, Climate 4
Change and Water is reserved under this Act as Bargo River State 5
Conservation Area. 6
(2) Land within Lots 9 and 10, DP 753788 is reserved under this Act 7
as part of Yengo National Park. 8
8 Transferred provisions to which Interpretation Act 1987 applies 9
Clauses 6 and 7 re-enact (with minor modification) sections 3 and 10
4 of the National Parks and Wildlife (Adjustment of Areas) Act 11
2006. Clauses 6 and 7 are transferred provisions to which 12
section 30A of the Interpretation Act 1987 applies. 13
Part 4 Revocations under the National Parks and 14
Wildlife (Leacock Regional Park) Act 2008 15
9 Revocation in Leacock Regional Park 16
(1) The reservation under this Act as regional park of land to which 17
this clause applies, being part of Leacock Regional Park, is 18
revoked. 19
(2) This clause applies to an area of about 1,564 square metres, being 20
Lot 2, DP 1123827. 21
(3) On the revocation of the reservation as regional park of land to 22
which this clause applies, that land is vested in the Minister on 23
behalf of the Crown for the purposes of Part 11 of this Act for an 24
estate in fee simple, freed and discharged from all trusts, 25
obligations, estates, interests, rights of way or other easements. 26
(4) In this clause, Leacock Regional Park means an area of about 27
34.3 hectares, being the land reserved as Leacock Regional Park 28
by notices published in the following: 29
(a) Gazette No 97 of 5 September 1997 at page 7850, 30
(b) Gazette No 156 of 12 October 2001 at page 8586. 31
10 Transferred provisions to which Interpretation Act 1987 applies 32
Clause 9 re-enacts (with minor modification) sections 3 and 4 of 33
the National Parks and Wildlife (Leacock Regional Park) Act 34
2008. Clause 9 is a transferred provision to which section 30A of 35
the Interpretation Act 1987 applies. 36
Page 59
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 4 Repeals
Part 5 Revocations under the National Parks and 1
Wildlife (Broken Head Nature Reserve) Act 2
2010 3
11 Revocation in Broken Head Nature Reserve 4
(1) The reservation under this Act as nature reserve of land to which 5
this clause applies, being part of Broken Head Nature Reserve, is 6
revoked. 7
(2) This clause applies to an area of about 981 square metres of 8
Broken Head Nature Reserve, being Lot 4, DP 1139721. 9
(3) On the revocation of the reservation as nature reserve of land to 10
which this clause applies, that land is vested in the Minister on 11
behalf of the Crown for the purposes of Part 11 of this Act for an 12
estate in fee simple, freed and discharged from all trusts, 13
obligations, estates, interests, rights of way or other easements. 14
(4) In this clause, Broken Head Nature Reserve means an area of 15
about 98 hectares, being the land reserved as Broken Head Nature 16
Reserve by notices published in the following: 17
(a) Gazette No 119 of 27 September 1974 at page 3843 (as 18
amended by an erratum published in Gazette No 149 of 19
13 December 1974 at page 4884), 20
(b) Gazette No 166 of 7 November 1980 at page 5732, 21
(c) Gazette No 38 of 6 March 1981 at page 1301, 22
(d) Gazette No 46 of 26 March 1982 at page 1281, 23
(e) Gazette No 60 of 27 April 1984 at page 2227, 24
(f) Gazette No 145 of 12 October 1984 at page 4989, 25
(g) Gazette No 52 of 11 March 1988 at page 1528, 26
(h) Gazette No 164 of 23 December 2005 at 27
pages 11512-11516. 28
12 Transferred provisions to which Interpretation Act 1987 applies 29
Clause 11 re-enacts (with minor modification) sections 3 and 4 of 30
the National Parks and Wildlife (Broken Head Nature Reserve) 31
Act 2010. Clause 11 is a transferred provision to which 32
section 30A of the Interpretation Act 1987 applies. 33
Explanatory note 34
The proposed amendment inserts into Schedule 2 (Revocation of reservation or 35
dedication of certain land) to the National Parks and Wildlife Act 1974 the substance of 36
provisions (of possible ongoing effect) contained in the following Acts: 37
(a) National Parks and Wildlife (Further Adjustment of Areas) Act 2005, 38
Page 60
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Repeals Schedule 4
(b) National Parks and Wildlife (Adjustment of Areas) Act 2006, 1
(c) National Parks and Wildlife (Leacock Regional Park) Act 2008, 2
(d) National Parks and Wildlife (Broken Head Nature Reserve) Act 2010. 3
In accordance with section 30A of the Interpretation Act 1987, the transfer of the 4
provisions does not affect the operation (if any) or meaning of the provisions. The 5
transfer of the provisions enables the repeal, by clause 4 of Part 1, of those Acts. 6
Part 3 Amendment of Interpretation Act 1987 No 15 in 7
relation to restoration of repealed Acts and 8
instruments 9
Section 29A 10
Insert after section 29: 11
29A Revocation of repeal of Acts and instruments 12
(1) The Governor may, by proclamation published on the NSW 13
legislation website, revoke the repeal of an Act or instrument if 14
the revocation of the repeal is authorised by this section. In that 15
case, the Act or instrument is taken not to be, and never to have 16
been, repealed. 17
(2) The revocation of the repeal of an Act or instrument is authorised 18
only if, at the time of the repeal, the Act or instrument effecting 19
the repeal: 20
(a) stated that this section applied to the repeal or otherwise 21
authorised the Governor to revoke the repeal, or 22
(b) described the repeal (in a heading or otherwise) as the 23
repeal of redundant, spent or unnecessary Acts or 24
instruments. 25
(3) The revocation of the repeal of an Act or instrument under this 26
section does not operate so as: 27
(a) to affect in a manner prejudicial to any person (other than 28
the State or an authority of the State) the rights of that 29
person existing before the revocation of the repeal, or 30
(b) to impose liabilities on any person (other than the State or 31
an authority of the State) in respect of anything done or 32
omitted to be done before the revocation of the repeal. 33
Explanatory note 34
The proposed amendment to the Interpretation Act 1987 inserts proposed section 29A 35
to enable the Governor, by proclamation, to revoke the repeal of any Act or instrument 36
and restore its operation if the Act or instrument effecting the repeal so provides. The 37
proposed section replaces a similar provision previously contained in Statute Law 38
Page 61
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Schedule 4 Repeals
(Miscellaneous Provisions) Acts (that enabled revocation of repeals effected by those 1
Acts). The proposed section applies to the repeal of a portion of an Act or instrument 2
by virtue of section 5 (3) of the Interpretation Act 1987. 3
Page 62
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
General savings, transitional and other provisions Schedule 5
Schedule 5 General savings, transitional and other 1
provisions 2
1 Effect of amendment of amending provisions 3
(1) An amendment made by Schedule 1 or 2 to an amending provision 4
contained in an Act or instrument is, if the amending provision has 5
commenced before the Schedule 1 or 2 amendment concerned, taken to 6
have effect as from the commencement of the amending provision 7
(whether or not the amending provision has been repealed). 8
(2) In this clause: 9
amending provision means a provision of an Act or instrument that 10
makes a direct amendment to an Act or instrument by: 11
(a) the repeal or omission of matter contained in the amended Act or 12
instrument without the insertion of any matter instead of the 13
repealed or omitted matter, or 14
(b) the omission of matter contained in the amended Act or 15
instrument and the insertion of matter instead of the omitted 16
matter, or 17
(c) the insertion into the amended Act or instrument of matter, not 18
being matter inserted instead of matter omitted from the Act or 19
instrument. 20
Explanatory note 21
This clause ensures that certain amendments, including amendments correcting errors 22
in technical provisions (for example, headings indicating the section to be amended or 23
directions as to where a new section is to be inserted) and rectifying minor drafting 24
errors (for example, corrections in numbering of provisions, correction or insertion of 25
cross-references, omission of unnecessary matter or insertion of omitted matter), will 26
be taken to have commenced on the date the amendments to which they relate 27
commenced. 28
2 Effect of amendment or repeal on acts done or decisions made 29
Except where it is expressly provided to the contrary, if this Act: 30
(a) amends a provision of an Act or an instrument, or 31
(b) repeals and re-enacts (with or without modification) a provision 32
of an Act or an instrument, 33
any act done or decision made under the provision amended or repealed 34
has effect after the amendment or repeal as if it had been done or made 35
under the provision as so amended or repealed. 36
Explanatory note 37
This clause ensures that the amendment or repeal of a provision will not, unless 38
expressly provided, vitiate any act done or decision made under the provision as in 39
force before the amendment or repeal. 40
Page 63
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
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
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts 11
or instruments by this Act. 12
Explanatory note 13
The effect of this clause is to enable the Governor, by proclamation, to revoke the 14
repeal of any Act or instrument or the provision of any Act or instrument repealed by 15
this Act. The Act or instrument or provision of an Act or instrument the subject of the 16
revocation of repeal is taken not to be, and never to have been, repealed. 17
5 Regulations 18
(1) The Governor may make regulations containing provisions of a savings 19
or transitional nature consequent on the enactment of this Act. 20
(2) Any such provision may, if the regulations so provide, take effect from 21
the date of assent to this Act or a later date. 22
(3) To the extent to which any such provision takes effect from a date that 23
is earlier than the date of its publication on the NSW legislation website, 24
the provision does not operate so as: 25
(a) to affect, in a manner prejudicial to any person (other than the 26
State or an authority of the State), the rights of that person 27
existing before the date of its publication, or 28
(b) to impose liabilities on any person (other than the State or an 29
authority of the State) in respect of anything done or omitted to 30
be done before the date of its publication. 31
Explanatory note 32
This clause enables the making of regulations of a savings or transitional nature having 33
a short term effect and relating to incidental matters arising out of the proposed Act with 34
regard to which no specific, or sufficient, provision has been made in the proposed Act. 35
Page 64
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Notes
Notes 1
Index of Acts and instruments amended by Schedules 1-4 2
Aboriginal Land Rights Regulation 2002--Schedule 2 3
Adoption Act 2000 No 75--Schedule 1 4
Agricultural Tenancies Act 1990 No 64--Schedule 2 5
Apprenticeship and Traineeship Regulation 2010--Schedule 2 6
Assisted Reproductive Technology Act 2007 No 69--Schedule 4 7
Balranald Local Environmental Plan 2010--Schedule 2 8
Bellingen Local Environmental Plan 2010--Schedule 2 9
Building Professionals Act 2005 No 115--Schedule 2 10
Camden Local Environmental Plan 2010--Schedule 2 11
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 2 12
Children and Young Persons Legislation (Repeal and Amendment) Act 1998 13
No 158--Schedule 4 14
Children (Detention Centres) Act 1987 No 57--Schedule 3 15
Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 16
No 13--Schedule 1 17
Children's Court Rule 2000--Schedule 2 18
Civil Procedure Act 2005 No 28--Schedule 2 19
Coastal Protection and Other Legislation Amendment Act 2010 No 78--Schedule 2 20
Commission for Children and Young People Act 1998 No 146--Schedule 1 21
Community Land Management Regulation 2007--Schedule 2 22
Community Relations Commission and Principles of Multiculturalism Act 2000 23
No 77--Schedule 1 24
Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2-- 25
Schedule 1 26
Community Welfare Act 1987 No 52--Schedule 1 27
Consumer, Trader and Tenancy Tribunal Regulation 2009--Schedule 2 28
Conveyancers Licensing Act 2003 No 3--Schedule 3 29
Conveyancers Licensing Regulation 2006--Schedule 3 30
Conveyancing Act 1919 No 6--Schedule 1 31
Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11--Schedule 1 32
Co-operative Housing and Starr-Bowkett Societies Regulation 2005--Schedule 1 33
Co-operatives Act 1992 No 18--Schedule 1 34
Co-operatives Regulation 2005--Schedule 1 35
Coroners Act 2009 No 41--Schedules 2 and 4 36
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Notes
Crimes (Administration of Sentences) Act 1999 No 93--Schedule 3 1
District Court Act 1973 No 9--Schedule 2 2
Dust Diseases Tribunal Act 1989 No 63--Schedule 2 3
Election Funding and Disclosures Act 1981 No 78--Schedule 2 4
Electricity Supply Act 1995 No 94--Schedule 2 5
Electronic Transactions Act 2000 No 8--Schedule 3 6
Electronic Transactions (ECM Courts) Order 2005--Schedule 2 7
Electronic Transactions Regulation 2007--Schedule 2 8
Energy and Utilities Administration Act 1987 No 103--Schedule 3 9
Environmental Planning and Assessment Act 1979 No 203--Schedules 1 and 3 10
Essential Services Act 1988 No 41--Schedule 3 11
Fines Act 1996 No 99--Schedule 1 12
Firearms Act 1996 No 46--Schedule 2 13
Gas Supply Act 1996 No 38--Schedule 1 14
Gunnedah Local Environmental Plan 1998--Schedule 2 15
Health Care Complaints Act 1993 No 105--Schedule 4 16
Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86-- 17
Schedules 1 and 2 18
Health Practitioner Regulation (New South Wales) Regulation 2010--Schedule 2 19
Heritage Act 1977 No 136--Schedule 1 20
Home Building Legislation Amendment Act 2001 No 51--Schedule 4 21
Illawarra Regional Environmental Plan No 1--Schedule 2 22
Independent Commission Against Corruption Act 1988 No 35--Schedule 1 23
Independent Pricing and Regulatory Tribunal Act 1992 No 39--Schedule 1 24
Institute of Sport Act 1995 No 52--Schedule 1 25
Interpretation Act 1987 No 15--Schedule 4 26
Jury Regulation 2010--Schedule 2 27
and and Environment Court Act 1979 No 204--Schedule 2 28
aw Enforcement and National Security (Assumed Identities) Act 2010 No 73-- 29
Schedule 1 30
aw Enforcement (Controlled Operations) Act 1997 No 136--Schedule 1 31
icensing and Registration (Uniform Procedures) Act 2002 No 28--Schedule 1 32
ocal Court Act 2007 No 93--Schedule 2 33
Marine Safety Act 1998 No 121--Schedule 4 34
Marine Safety (General) Regulation 2009--Schedule 2 35
Mining Act 1992 No 29--Schedule 1 36
Mining Regulation 2010--Schedule 1 37
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Notes
Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 No 205-- 1
Schedule 4 2
Motor Vehicles Taxation Act 1988 No 111--Schedule 1 3
Nambucca Local Environmental Plan 2010--Schedule 2 4
National Park Estate (Riverina Red Gum Reservations) Act 2010 No 22--Schedule 2 5
National Parks and Wildlife Act 1974 No 80--Schedule 4 6
National Parks and Wildlife Regulation 2009--Schedule 2 7
Petroleum (Onshore) Act 1991 No 84--Schedule 2 8
Plant Diseases Act 1924 No 38--Schedule 1 9
Police (Special Provisions) Act 1901 No 5--Schedule 4 10
Prisoners (Interstate Transfer) Act 1982 No 104--Schedule 3 11
Private Health Facilities Act 2007 No 9--Schedule 4 12
Property, Stock and Business Agents Act 2002 No 66--Schedule 3 13
Protection of the Environment Operations (Clean Air) Regulation 2010--Schedule 2 14
Public Sector Employment and Management Act 2002 No 43--Schedule 1 15
Radiation Control Amendment Act 2010 No 91--Schedule 2 16
Real Property Act 1900 No 25--Schedule 2 17
Residential Tenancies Act 2010 No 42--Schedule 1 18
Retirement Villages Act 1999 No 81--Schedule 1 19
Road Obstructions (Special Provisions) Act 1979 No 9--Schedule 3 20
Road Transport (Driver Licensing) Act 1998 No 99--Schedule 1 21
Road Transport (General) Act 2005 No 11--Schedule 2 22
Road Transport Legislation Amendment Act 2008 No 61--Schedule 4 23
Road Transport (Vehicle Registration) Regulation 2007--Schedule 2 24
State Emergency and Rescue Management Act 1989 No 165--Schedule 3 25
Strata Schemes (Freehold Development) Act 1973 No 68--Schedule 1 26
Strata Schemes (Leasehold Development) Act 1986 No 219--Schedule 1 27
Subordinate Legislation Act 1989 No 146--Schedule 1 28
Supreme Court Act 1970 No 52--Schedule 2 29
Sydney Water Catchment Management Act 1998 No 171--Schedule 4 30
Transport Administration Act 1988 No 109--Schedule 2 31
Wagga Wagga Local Environmental Plan 2010--Schedule 2 32
Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and 33
Fractured Rock Water Sources 2010--Schedule 2 34
Workplace Injury Management and Workers Compensation Act 1998 No 86-- 35
Schedule 3 36
Page 67
Statute Law (Miscellaneous Provisions) Bill (No 2) 2010
Notes
Index of Acts and instruments wholly repealed by Schedules 1 and 4 1
Appropriation Act 2009 No 43--Schedule 4 2
Appropriation (Budget Variations) Act 2009 No 10--Schedule 4 3
Appropriation (Parliament) Act 2009 No 44--Schedule 4 4
Appropriation (Special Offices) Act 2009 No 45--Schedule 4 5
Children (Care and Protection) (Personal and Family Violence) Amendment 6
Act 1987 No 186--Schedule 4 7
Coal Mines Regulation (Transitional Provisions) Regulation 1984--Schedule 4 8
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 9
No 48--Schedule 4 10
Duties (Marketable Securities) Order 1998--Schedule 4 11
Government Insurance Office (Privatisation) Savings and Transitional Regulation 12
1992--Schedule 4 13
Miscellaneous Acts (Coal Mines Regulation) Repeal and Amendment Act 1982 14
No 69--Schedule 4 15
National Parks and Wildlife (Adjustment of Areas) Act 2006 No 15--Schedule 4 16
National Parks and Wildlife (Broken Head Nature Reserve) Act 2010 No 12-- 17
Schedule 4 18
National Parks and Wildlife (Further Adjustment of Areas) Act 2005 No 60-- 19
Schedule 4 20
National Parks and Wildlife (Leacock Regional Park) Act 2008 No 20--Schedule 4 21
Residential Parks Amendment (Statutory Review) Act 2005 No 117--Schedule 4 22
Workers Compensation Legislation Amendment Act 1995 No 30--Schedule 4 23
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