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New South Wales
Statute Law (Miscellaneous
Provisions) Bill (No 2) 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Explanatory notes 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments by way of statute law revision 22
Schedule 3 Repeals 34
Schedule 4 General savings, transitional and other provisions 35
Notes 37
b2012-075-12.d09
New South Wales
Statute Law (Miscellaneous
Provisions) Bill (No 2) 2012
No , 2012
A Bill for
An Act to repeal certain Acts and to amend certain other Acts and instruments in
various respects and for the purpose of effecting statute law revision; and to make
certain savings.
Clause 1 Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2012. 3
2 Commencement 4
(1) This Act commences on 4 January 2013. 5
(2) However, the amendments made by the Schedules to this Act 6
commence on the day or days specified in those Schedules in relation to 7
the amendments concerned. If a commencement day is not specified, 8
the amendments commence in accordance with subsection (1). 9
3 Explanatory notes 10
The matter appearing under the heading "Explanatory note" in any of 11
the Schedules does not form part of this Act. 12
Page 2
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Minor amendments Schedule 1
Schedule 1 Minor amendments 1
1.1 Apprenticeship and Traineeship Act 2001 No 80 2
[1] Section 21, heading 3
Insert "on application by a party" after "plans" in the heading to the section. 4
[2] Section 21A 5
Insert after section 21: 6
21A Variation of training contracts and training plans by 7
Commissioner 8
(1) The Commissioner may, on receiving a recommendation from a 9
registered training organisation or any other relevant person or 10
body or on the Commissioner's own initiative, make a variation 11
to a training contract or training plan in accordance with this 12
section. 13
(2) A technical variation may be made at any time at the discretion 14
of the Commissioner. 15
(3) A technical variation is a variation that, in the Commissioner's 16
opinion, is of a minor nature and will not result in any material 17
change to the terms of the training contract or training plan. 18
(4) If the variation is not a technical variation, the following 19
provisions apply: 20
(a) the Commissioner must send a notice to each party (being 21
the employer and the apprentice or trainee) requesting the 22
party to notify the Commissioner whether or not the party 23
consents to the variation, 24
(b) if the Commissioner does not receive any reply to such a 25
request within 21 days after the date on which the notice 26
was sent, the consent of the party to whom the notice was 27
sent is taken to have been given, 28
(c) if the parties consent to the variation, the Commissioner 29
may make the variation. 30
(5) As soon as practicable after a variation is made under this section, 31
the Commissioner must give notification of the variation to the 32
following: 33
(a) the employer, 34
(b) the apprentice or trainee concerned, 35
Page 3
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 1 Minor amendments
(c) in the case of the variation of a training plan--the relevant 1
registered training organisation. 2
(6) A variation made under this section is binding on the employer 3
and the apprentice or trainee. 4
Explanatory note 5
Currently, section 21 of the Apprenticeship and Traineeship Act 2001 enables 6
variations to be made to a training contract or training plan only on the application of 7
the employer, apprentice or trainee concerned (a relevant party). Item [2] of the 8
proposed amendments extends the circumstances in which a variation may be made 9
to a training contract or training plan by enabling the Commissioner for Vocational 10
Training to do so on receiving a recommendation from a registered training 11
organisation or any other relevant person or body or on the Commissioner's own 12
initiative. The proposed amendment enables the Commissioner, at any time and at his 13
or her discretion, to make a technical variation that will not result in any material change 14
to the terms of the training contract or training plan. However, the Commissioner may 15
make other variations only after notifying the relevant parties and receiving their 16
consent (or their assumed consent if the Commissioner does not receive a response 17
from the parties within 21 days of notifying them). Any variation made by the 18
Commissioner is binding on, and must be notified to, the relevant parties. 19
Item [1] of the proposed amendments makes a consequential amendment. 20
1.2 Australian Museum Trust Act 1975 No 95 21
Section 18 22
Insert before section 19: 23
18 Personal liability 24
A matter or thing done or omitted to be done by the Trust, a 25
trustee, the Director or a person acting under the direction of the 26
Trust or the Director does not, if the matter or thing was done or 27
omitted to be done in good faith for the purposes of executing this 28
Act, subject a trustee, the Director or a person so acting 29
personally to any action, liability, claim or demand. 30
Explanatory note 31
The proposed amendment to the Australian Museum Trust Act 1975 ensures that a 32
trustee of the Australian Museum Trust, the Director of the Australian Museum or a 33
person acting under the direction of the Trust or the Director is not personally liable for 34
an act or omission done in good faith for the purpose of executing that Act. 35
1.3 Biofuels Act 2007 No 23 36
[1] Section 5 Act applies only to sales to person in NSW or for delivery in 37
NSW 38
Omit section 5 (2) and (2A). Insert instead: 39
(2) This Act does not apply to a sale of petrol or diesel fuel by one 40
volume fuel seller to another volume fuel seller. 41
Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Minor amendments Schedule 1
[2] Section 15 Exemptions from minimum biofuel requirements 1
Omit section 15 (4). Insert instead: 2
(4) An exemption can be granted as a partial exemption specifying a 3
percentage that is less than the minimum ethanol percentage or 4
minimum biodiesel percentage applicable under section 6 or 7. 5
Note. A partial exemption has the effect that the relevant section then 6
applies to require that the volume of ethanol (in petrol ethanol blend) or 7
volume of biodiesel (in biodiesel blend) sold by the volume fuel seller 8
concerned is not less than the specified minimum ethanol percentage or 9
specified minimum biodiesel percentage of the total volume of all petrol 10
or diesel fuel sold by that seller during the relevant period. 11
[3] Schedule 1 Savings, transitional and other provisions 12
Insert after clause 3: 13
Part 3 Provision consequent on enactment of 14
Statute Law (Miscellaneous Provisions) 15
Act (No 2) 2012 16
4 Exemption from minimum biofuel requirements 17
An order made by the Minister under section 15 (4) that was in 18
force immediately before the substitution of that subsection by 19
the Statute Law (Miscellaneous Provisions) Act (No 2) 2012 is 20
taken to have been made under that subsection as so substituted. 21
Explanatory note 22
Item [1] of the proposed amendments to the Biofuels Act 2007 (the Act) expands a 23
general exception from the operation of the Act (applying to certain bulk fuel sales) so 24
as to ensure that the Act's requirements for records and returns of fuel sales will only 25
apply to the fuel sales that are subject to the Act's main operative provisions (which 26
impose minimum ethanol/biodiesel content requirements for fuel). As a result of the 27
amendment, records and returns will no longer be required for sales by primary 28
wholesalers to major retailers. Those sales are currently not subject to the Act's 29
minimum ethanol/biodiesel content requirements (so the current requirement for 30
records and returns for those sales serves no purpose under the Act). 31
Item [2] of the proposed amendments recasts a provision that allows an exemption 32
from a minimum biofuel requirement to be granted as a "partial" exemption, to correct 33
the explanation of how such a partial exemption operates. 34
Item [3] of the proposed amendments inserts a transitional provision that preserves 35
exemptions from minimum biofuel requirements that were granted by the Minister 36
before the amendment made by item [2]. 37
Page 5
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 1 Minor amendments
1.4 Child Protection (Working with Children) Act 2012 No 51 1
Schedule 3 Savings, transitional and other provisions 2
Omit "by a tribunal under section 33H" from clause 6 (1). 3
Insert instead "under section 33H or 33I". 4
Commencement 5
The amendment to the Child Protection (Working with Children) Act 2012 is taken to 6
have commenced on the date of assent to that Act. 7
Explanatory note 8
The proposed amendment to the Child Protection (Working with Children) Act 2012 9
(the 2012 Act) corrects cross-referencing in a transitional provision. In particular, the 10
proposed amendment ensures that an unconditional order (removing a prohibition on 11
a person working in child-related employment) that is made under repealed provisions 12
of the Commission for Children and Young People Act 1998 is preserved and treated 13
as being an order of an equivalent kind in the 2012 Act. 14
1.5 Children and Young Persons (Care and Protection) Act 1998 15
No 157 16
[1] Section 27A Alternative reporting arrangements 17
Insert after section 27A (11): 18
(12) A staff member of a relevant agency may, in accordance with the 19
terms of an arrangement under this section, refer any of the 20
following matters to an assessment officer of the agency: 21
(a) a matter relating to a young person that the staff member 22
would otherwise report to the Director-General under 23
section 24, 24
(b) a matter relating to an unborn child that the staff member 25
would otherwise report to the Director-General under 26
section 25. 27
[2] Section 29 Protection of persons who make reports or provide certain 28
information 29
Insert at the end of the section: 30
Note. It is an offence under section 254 for a person to disclose any 31
information obtained in connection with the administration or execution 32
of this Act, except in certain circumstances. The maximum penalty is 10 33
penalty units (currently $1,100) or imprisonment for up to 12 months, or 34
both. 35
Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Minor amendments Schedule 1
[3] Section 61 Applications for care orders 1
Omit section 61 (2). Insert instead: 2
(1A) A care application must specify the particular care order sought 3
and the grounds on which it is sought. 4
(2) A care application must be accompanied by a written report 5
specifying such information as may be prescribed for the 6
purposes of this section by the rules made under the Children's 7
Court Act 1987. 8
(2A) However, a written report is not required to accompany a care 9
application if: 10
(a) the application is for the rescission or variation of a care 11
order under section 90, or 12
(b) such a report has previously been provided to the 13
Children's Court in relation to the child or young person 14
concerned. 15
[4] Chapter 9, Part 1, heading 16
Omit "in need of care and protection". 17
[5] Section 245B Interpretation 18
Insert "or a referral to an assessment officer under section 27A" after 19
"section 25" in section 245B (3) (a). 20
[6] Section 245B (3) (b) and (c) 21
Insert "or referral" after "report" wherever occurring. 22
[7] Section 264 Regulations 23
Omit "section 114" from section 264 (1A) (c). 24
Insert instead "section 65A or 114". 25
Explanatory note. 26
Item [1] of the proposed amendments to the Children and Young Persons (Care and 27
Protection) Act 1998 (the Act) enables mandatory reporters (such as teachers, health 28
care workers and police officers) to refer matters relating to the safety, welfare and 29
well-being of unborn children and young persons (aged 16 or 17 years) to assessment 30
officers instead of making a report about the unborn child or young person directly to 31
the Director-General of the Department of Family and Community Services (the 32
Director-General). Under existing alternative reporting arrangements, assessment 33
officers handle mandatory reports about children (aged under 16 years) that would 34
otherwise be reported directly to the Director-General. 35
Items [5] and [6] make it clear that Chapter 16A of the Act (which enables the exchange 36
of information about the safety, welfare and well-being of children and young persons 37
between agencies) extends to information about an unborn child who is the subject of 38
a referral to an assessment officer under the alternative reporting arrangements 39
Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 1 Minor amendments
referred to above. Currently, Chapter 16A only extends to information about unborn 1
children who are the subject of pre-natal reports to the Director-General. 2
Item [2] inserts a note referring to the offence under the Act of disclosing information 3
obtained in connection with the administration or execution of the Act except in certain 4
circumstances. The note is inserted into a section providing that the identity of a person 5
who makes a report about a child or young person to the Director-General is not to be 6
revealed, except in certain circumstances (such as the disclosure to the police of the 7
reporter's identity for the purposes of the investigation of various offences). 8
Item [3] removes the requirement for certain applications for care orders to be 9
accompanied by a written report setting out a summary of the facts, matters and 10
circumstances of the case. A written report will still be required for most initial care 11
applications, and all care applications must continue to specify the particular care order 12
sought and the grounds on which it is sought. 13
Item [4] amends the heading to a Part in Chapter 9 of the Act to reflect that the Part 14
applies to the medical examination and treatment of all children (and not only to 15
children who are in need of care and protection). 16
Item [7] expands the power to make regulations about the use of evidence given during 17
the course of alternative dispute resolution to include alternative dispute resolution that 18
is ordered by the Children's Court. 19
1.6 Crime Commission Act 2012 No 66 20
[1] Section 57 Directions and guidelines to Commission 21
Insert after section 57 (4): 22
(5) The Management Committee must furnish guidelines to the 23
Police Integrity Commission with respect to the negotiation by 24
the Police Integrity Commission of the terms of agreements 25
regarding orders made by consent under the Criminal Assets 26
Recovery Act 1990. 27
(6) Guidelines must not be furnished under subsection (5) unless the 28
Management Committee has consulted with the Commissioner 29
for the Police Integrity Commission about, and obtained his or 30
her written agreement to, the furnishing of the guidelines. 31
[2] Schedule 5 Amendment of Acts and regulations 32
Omit Schedule 5.11 [3]. 33
Commencement 34
The amendments to the Crime Commission Act 2012 are taken to have commenced 35
on 5 October 2012. 36
Explanatory note 37
Section 62 of the Criminal Assets Recovery Act 1990 (the CAR Act) provides that 38
consent orders, giving effect to the terms of agreements negotiated between the Crime 39
Commission and persons whose interests in property are subject to confiscation orders 40
under that Act, cannot be made unless the Commissioner for the Crime Commission 41
has certified that guidelines with respect to the negotiation of such terms of agreement 42
set by the NSW Crime Commission Management Committee under section 57 of the 43
Crime Commission Act 2012 have been complied with. 44
Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Minor amendments Schedule 1
Item [1] of the proposed amendments to the Crime Commission Act 2012 provides for 1
the Management Committee to set such guidelines for the Police Integrity Commission 2
in consultation with, and after obtaining the agreement of, the Commissioner for the 3
Police Integrity Commission. 4
Item [2] of the proposed amendments to the Crime Commission Act 2012 omits an 5
amendment made by that Act to section 19 of the Police Integrity Commission Act 1996 6
(which currently applies the CAR Act to the Police Integrity Commission in the same 7
way as it applies to the Crime Commission) that would, if commenced, prevent the 8
application of section 62 of the CAR Act to the Police Integrity Commission. 9
1.7 Criminal Procedure Act 1986 No 209 10
Section 94 Meaning of "offence involving violence" 11
Omit "section 35 (b) of the Crimes Act 1900" from section 94 (1) (d). 12
Insert instead "section 35 (1) or (2) of the Crimes Act 1900". 13
Explanatory note 14
The proposed amendment to the Criminal Procedure Act 1986 updates a 15
cross-reference to the offence of recklessly causing grievous bodily harm in a definition 16
of offences involving violence. Alleged victims of offences involving violence who 17
have made a written statement cannot generally be directed to attend committal 18
proceedings.The amendment also updates the definition to include the more serious 19
offence of recklessly causing grievous bodily harm in company. 20
1.8 Election Funding, Expenditure and Disclosures Act 1981 21
No 78 22
[1] Section 4 Definitions 23
Insert ", appointed by the member under section 46A," after "an official agent" 24
in paragraph (f1) of the definition of official agent in section 4 (1). 25
[2] Section 4 (1), definition of "official agent" 26
Omit paragraph (f2). Insert instead: 27
(f2) in relation to a third-party campaigner for whom an official 28
agent, appointed by the campaigner under section 46B, is 29
registered in the Register of Official Agents--that official 30
agent, or 31
[3] Section 4 (1), definition of "official agent" 32
Omit "or candidate" from paragraph (g). 33
Insert instead ", candidate or third-party campaigner concerned". 34
Explanatory note 35
The proposed amendments to the Election Funding, Expenditure and Disclosures 36
Act 1981 ensure that the Election Funding Authority of New South Wales may 37
designate an official agent for an elected member or third-party campaigner if an official 38
agent is not otherwise appointed or designated for the member or campaigner. 39
Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 1 Minor amendments
1.9 Independent Commission Against Corruption Act 1988 1
No 35 2
Schedule 1 Provisions relating to Commissioner and Assistant 3
Commissioners 4
Omit "7 years" wherever occurring in clause 4 (1A) and (3). 5
Insert instead "9 years". 6
Explanatory note 7
The proposed amendment to the Independent Commission Against Corruption 8
Act 1988 extends the total period for which a person may hold office as an Assistant 9
Commissioner for the Independent Commission Against Corruption from 7 to 9 years. 10
1.10 Library Act 1939 No 40 11
Section 7BA 12
Insert after section 7B: 13
7BA Personal liability 14
A matter or thing done or omitted to be done by the Council, a 15
member of the Council, the State Librarian or a person acting 16
under the direction of the Council or the State Librarian does not, 17
if the matter or thing was done or omitted to be done in good faith 18
for the purposes of executing this Act, subject a member of the 19
Council, the State Librarian or a person so acting personally to 20
any action, liability, claim or demand. 21
Explanatory note 22
The proposed amendment to the Library Act 1939 ensures that a member of the Library 23
Council of New South Wales, the State Librarian or a person acting under the direction 24
of the Library Council or the State Librarian is not personally liable for an act or 25
omission done in good faith for the purpose of executing that Act. 26
1.11 Local Government Act 1993 No 30 27
Schedule 8 Savings, transitional and other provisions consequent on 28
the enactment of other Acts 29
Insert after clause 102: 30
102A Certain reinstated councils may retain Electoral Commissioner to 31
administer elections, polls and referendums until end of 2016 32
ordinary elections 33
(1) Despite section 296, a reinstated council may resolve, before 34
9 September 2013, that the council is to enter into a contract or 35
make arrangements with the Electoral Commissioner for the 36
Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Minor amendments Schedule 1
Electoral Commissioner to administer its elections, council polls 1
and constitutional referendums. 2
(2) The council must, as soon as possible, notify the following 3
persons of the making of such a resolution: 4
(a) the Electoral Commissioner, 5
(b) the Director-General. 6
(3) If such a contract is entered into or such arrangements made, the 7
Electoral Commissioner is to administer all the elections, council 8
polls and constitutional referendums of the council until the 9
conclusion of the 2016 ordinary election for councillors. 10
(4) In this clause: 11
election does not include an election of the mayor or a deputy 12
mayor by the councillors. 13
reinstated council means any of the following councils: 14
(a) Port Macquarie-Hastings Council, 15
(b) Shellharbour City Council, 16
(c) Wollongong City Council. 17
Explanatory note 18
The proposed amendment to the Local Government Act 1993 makes it clear that 19
certain local councils recently in administration (Port Macquarie-Hastings Council, 20
Shellharbour City Council and Wollongong City Council) may resolve, before 21
9 September 2013 (just as other councils may), that the New South Wales Electoral 22
Commissioner is to administer elections, council polls and constitutional referendums 23
for the council for the next election cycle. 24
1.12 Museum of Applied Arts and Sciences Act 1945 No 31 25
Section 16 26
Insert after section 15: 27
16 Personal liability 28
(1) A matter or thing done or omitted to be done by the Trustees, a 29
trustee, the principal officer or a person acting under the direction 30
of the Trustees or the principal officer does not, if the matter or 31
thing was done or omitted to be done in good faith for the 32
purposes of executing this Act, subject a trustee, the principal 33
officer or a person so acting personally to any action, liability, 34
claim or demand. 35
(2) In this section, principal officer means the member of staff 36
responsible for the day-to-day management and administration of 37
the Museum. 38
Page 11
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 1 Minor amendments
Explanatory note 1
The proposed amendment to the Museum of Applied Arts and Sciences Act 1945 2
ensures that a trustee of the Museum of Applied Arts and Sciences, the principal officer 3
of the Museum or a person acting under the direction of the Trustees or the principal 4
officer is not personally liable for an act or omission done in good faith for the purpose 5
of executing that Act. The Museum of Applied Arts and Sciences includes the 6
Powerhouse Museum, Powerhouse Discovery Centre, NSW Migration Heritage Centre 7
and Sydney Observatory. 8
1.13 Parliamentary Electorates and Elections Regulation 2008 9
[1] Schedule 1 Forms 10
Omit "the maximum penalty for failing to vote is 0.5 penalty units" from 11
Form 21. 12
Insert instead "the maximum penalty for failing to vote is 1 penalty unit 13
(currently $110)." 14
[2] Schedule 1, Form 21 15
Omit "$25". Insert instead "[specify penalty, which must not exceed $55]". 16
[3] Schedule 1, Form 21 17
Omit "the maximum penalty is 0.5 penalty units plus court costs". 18
Insert instead "the maximum penalty is 1 penalty unit (currently $110) and 19
court costs may also be payable". 20
[4] Schedule 1, Form 21 21
Omit "Penalty for any person giving a false reason for failure to vote is 0.5 22
penalty units". 23
Insert instead "The maximum penalty for any person giving a false reason for 24
an elector's failure to vote is 1 penalty unit (currently $110)". 25
Explanatory note 26
The proposed amendments to the Parliamentary Electorates and Elections 27
Regulation 2008 make a number of corrections to the prescribed form of penalty notice 28
for failure to vote in a State election, including amendments that are consequential on 29
amendments, enacted in 2009, to the Parliamentary Electorates and Elections 30
Act 1912. Those amendments increased the maximum penalty notice amount, under 31
section 120C of that Act, for failing to vote from $25 to $55. They also increased the 32
maximum penalty for the offences, under section 120F of that Act, of failing to vote and 33
giving a false reason for failing to vote from 0.5 penalty unit to 1 penalty unit 34
(currently $110). 35
Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Minor amendments Schedule 1
1.14 Prevention of Cruelty to Animals Act 1979 No 200 1
[1] Section 24E Power to enter land 2
Omit "a dwelling only with the consent of the occupier of the dwelling" from 3
section 24E (2). 4
Insert instead "premises or a part of premises used for residential purposes 5
only with the consent of the occupier of the premises". 6
[2] Section 24O Application and interpretation 7
Insert "and extends to premises and vehicles on the land" after "Rural Lands 8
Protection Act 1998)" in section 24O (1). 9
Commencement 10
Item [2] of the amendments to the Prevention of Cruelty to Animals Act 1979 is taken 11
to have commenced on 24 September 2012. 12
Explanatory note 13
Item [1] of the proposed amendments to the Prevention of Cruelty to Animals Act 1979 14
(the Act) updates the wording of a provision restricting the circumstances in which an 15
inspector may exercise a power under the Act to enter a dwelling, so as to make it clear 16
that the restriction applies only in relation to premises or the part of premises used for 17
residential purposes. 18
Item [2] makes it clear that a Part of the Act dealing with the Director-General's power 19
to authorise an inspector to seize and dispose of distressed stock animals depastured 20
on rateable land (within the meaning of the Rural Lands Protection Act 1998) extends 21
to premises and vehicles on the land. 22
1.15 Public Finance and Audit Act 1983 No 152 23
Section 48A Review of Audit Office 24
Omit "3" from section 48A (1). Insert instead "4". 25
Explanatory note 26
The purpose of the proposed amendment to the Public Finance and Audit Act 1983 is 27
to change the frequency at which the Audit Office must be reviewed by a person 28
appointed by the Public Accounts Committee (PAC) from 3 to 4 yearly. The proposed 29
amendment gives effect to a recommendation of PAC in Conduct of the 2009 Review 30
of the Audit Office under S48A of the Public Finance and Audit Act 1983 (Report 1/55, 31
September 2011) to align the required frequency of reviews with the 4-year term of the 32
Legislative Assembly from which the membership of PAC is drawn. 33
1.16 Racing Administration Act 1998 No 114 34
Section 19 Authorised betting event bookmakers 35
Insert after section 19 (1): 36
Note. A licensed bookmaker does not require an authorisation under 37
this section to take bets (on or off a racecourse) on declared betting 38
events when the bookmaker is taking bets pursuant to an authority under 39
Page 13
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 1 Minor amendments
section 16 to conduct telephone or electronic betting at a racecourse or 1
approved premises off a racecourse. 2
Explanatory note 3
The proposed amendment to the Racing Administration Act 1998 makes it clear that 4
the authority a bookmaker requires to take bets at a racecourse on certain "declared" 5
events is not required for the taking of bets on those events pursuant to an authority to 6
conduct telephone or electronic betting at a racecourse or at approved premises off a 7
racecourse. 8
1.17 Residential Tenancies Act 2010 No 42 9
[1] Section 202 Nature of proceedings for offences 10
Omit section 202 (4). Insert instead: 11
(4) Proceedings for an offence against this Act may be brought: 12
(a) in the case of an offence in relation to a rental bond for a 13
residential tenancy agreement or a proposed residential 14
tenancy agreement--within the period of 3 years that next 15
succeeds: 16
(i) the commission of the offence, or 17
(ii) the termination of the residential tenancy 18
agreement, 19
whichever is the later, or 20
(b) in any other case--within the period of 3 years that next 21
succeeds the commission of the offence, or 22
(c) with the consent of the Attorney General--at any time. 23
[2] Schedule 2 Savings, transitional and other provisions 24
Insert at the end of the Schedule with appropriate Part and clause numbering: 25
Part Provision consequent on enactment of 26
Statute Law (Miscellaneous Provisions) 27
Act (No 2) 2012 28
Nature of proceedings for offences 29
The amendment made to section 202 (4) by the Statute Law 30
(Miscellaneous Provisions) Act (No 2) 2012 does not apply to an 31
offence committed before the commencement of the amendment. 32
Explanatory note 33
Item [1] of the proposed amendments to the Residential Tenancies Act 2010 (the Act) 34
enables proceedings for an offence in relation to rental bonds for an existing or 35
proposed residential tenancy agreement to be brought within 3 years from the 36
commission of the offence or the termination of the residential tenancy agreement, 37
whichever is the later. Currently, the Act requires proceedings for all offences under the 38
Page 14
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Minor amendments Schedule 1
Act, including offences in relation to rental bonds, to be brought within 3 years from the 1
commission of the offence, unless the Attorney General's consent is provided. 2
The proposed amendment reinstates the position of offences in relation to rental bonds 3
that existed under section 17 (2) (a) of the Landlord and Tenant (Rental Bonds) 4
Act 1977 which was repealed by the Act. 5
Item [2] of the proposed amendments makes it clear that the proposed amendment to 6
section 202 (4) of the Act does not apply to offences in relation to rental bonds that were 7
committed before the commencement of the proposed amendment. 8
1.18 Security Industry Act 1997 No 157 9
[1] Section 10 Master licences 10
Insert "the other person" after "purpose of" in section 10 (3). 11
[2] Section 10 (3) 12
Omit "unless the other person". Insert instead "unless that other person". 13
[3] Section 14 Application for licence 14
Insert after section 14 (2): 15
(3) The applicant must supply evidence that the applicant has 16
undertaken and completed the requisite training, assessment and 17
instruction for the class of licence sought as referred to in 18
section 15 (1) (d). 19
(4) The applicant may provide any such evidence after the 20
application has been lodged, so long as it is provided within the 21
period, after the application is lodged, that is prescribed by the 22
regulations. 23
[4] Sections 35 (2) and 36 (3) 24
Insert ", or that has become illegible," after "mutilated" wherever occurring. 25
[5] Section 48 Regulations 26
Insert after section 48 (3): 27
(4) The regulations may apply, adopt or incorporate any publication 28
as in force at a particular time or from time to time. 29
Commencement 30
Items [3]-[5] of the amendments to the Security Industry Act 1997 commence, or are 31
taken to have commenced, on 1 November 2012. 32
Explanatory note 33
A master licence under the Security Industry Act 1997 (the Act) may authorise the 34
licence holder to carry on security activities as a self-employed person or to provide 35
persons to carry on security activities. Item [1] of the proposed amendments clarifies 36
that a master licence does not authorise the licence holder to enter into any 37
arrangement with another person for the purpose of the other person providing persons 38
Page 15
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 1 Minor amendments
to carry on security activities unless that other person also holds a master licence or is 1
a corporation holding a visitor permit authorising its holder to carry on security activities 2
of a kind authorised by a master licence. Item [2] makes a consequential amendment. 3
Under section 15 (1) (d) of the Act, as inserted by the Security Industry Amendment 4
Act 2012 (the 2012 Amendment Act), the Commissioner of Police must refuse an 5
application for a licence under the Act if not satisfied that the applicant has undertaken 6
and completed the requisite training, assessment and instruction for the class of 7
licence sought. Item [3] amends section 14 of the Act (as amended by the 2012 8
Amendment Act) to require an applicant for a licence to supply evidence of having 9
undertaken and completed such a course. Item [3] also enables the applicant to provide 10
that evidence after lodging the application (so long as the applicant provides the 11
evidence within the period, after lodging the application, prescribed by the regulations). 12
Item [4] amends sections 35 and 36 of the Act (as amended by the 2012 Amendment 13
Act) to ensure that the holder of a licence under the Act is not required to produce on 14
demand or wear an illegible licence during the period in which the holder is waiting for 15
the licence to be replaced. 16
Item [5] enables regulations to be made under the Act that apply, adopt or incorporate 17
any publication as in force at a particular time or from time to time. As a consequence 18
of section 69 (2) of the Interpretation Act 1987, the regulations currently cannot apply, 19
adopt or incorporate any publication as in force from time to time. 20
1.19 Special Commissions of Inquiry Act 1983 No 90 21
[1] Section 3 Definitions 22
Omit the definition of Judge from section 3 (1). 23
[2] Section 4 Issue of commission 24
Omit section 4 (2) and (2A). Insert instead: 25
(2) A person is not eligible to be issued a commission unless the 26
person: 27
(a) is or is qualified to be appointed as a Judge of the Supreme 28
Court of the State or of any other State or Territory, a Judge 29
of the Federal Court of Australia or a Justice of the High 30
Court of Australia, or 31
(b) is a former Judge or Justice of any court referred to in 32
paragraph (a). 33
(2A) A person is not eligible to be issued a commission if the person is 34
a member of the Legislative Council or of the Legislative 35
Assembly or is a member of a House of Parliament or legislature 36
of another State or Territory or of the Commonwealth. 37
Explanatory note 38
Item [2] of the proposed amendments to the Special Commissions of Inquiry Act 1983 39
inserts provisions relating to the eligibility of a person for appointment as a 40
Commissioner for a Special Commission of Inquiry (SCOI) similar to provisions relating 41
to the eligibility of a person for appointment as a Commissioner for the Crime 42
Commission, the Independent Commission Against Corruption or the Police Integrity 43
Commission. In particular, the amendment generally broadens the range of persons 44
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Minor amendments Schedule 1
who may be appointed as a Commissioner for a SCOI (enabling a person to be 1
appointed if the person holds, has held or is qualified to hold judicial office in Australia 2
or if the person is an Australian lawyer of at least 7 years' standing) and prevents a 3
person being appointed who is a member of a House of Parliament in Australia. 4
Currently, a person may be appointed as a Commissioner for a SCOI only if the person 5
is a New South Wales judge or the person is an Australian lawyer of at least 7 years' 6
standing. 7
Item [1] makes a consequential amendment. 8
1.20 State Emergency Service Act 1989 No 164 9
[1] Section 3 Definitions 10
Omit "State Emergency Service of New South Wales" from the definition of 11
State Emergency Service in section 3 (1). 12
Insert instead "NSW State Emergency Service". 13
[2] Section 7 State Emergency Service 14
Omit "State Emergency Service of New South Wales" from section 7 (1). 15
Insert instead "NSW State Emergency Service". 16
[3] Section 7 (3) 17
Insert after section 7 (2): 18
(3) In any Act or instrument, a reference to the NSW State 19
Emergency Service need not include the term "NSW". 20
Explanatory note 21
Item [2] of the proposed amendments to the State Emergency Service Act 1989 22
renames the State Emergency Service of New South Wales as the NSW State 23
Emergency Service. Item [1] is a consequential amendment. 24
Item [3] of the proposed amendments provides that any reference in an Act or 25
instrument to the NSW State Emergency Service need not include the term "NSW". 26
This has an effect similar to section 12 (2) of the Interpretation Act 1987, which 27
currently operates in relation to the State Emergency Service of New South Wales so 28
that a reference in an Act or instrument to the State Emergency Service need not 29
include the words "of New South Wales". 30
1.21 Sydney Opera House Trust Act 1961 No 9 31
Section 27 32
Insert after section 26: 33
27 Personal liability 34
(1) A matter or thing done or omitted to be done by the Trust, a 35
trustee, the principal officer or a person acting under the direction 36
of the Trust or the principal officer does not, if the matter or thing 37
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 1 Minor amendments
was done or omitted to be done in good faith for the purposes of 1
executing this Act, subject a trustee, the principal officer or a 2
person so acting personally to any action, liability, claim or 3
demand. 4
(2) In this section, principal officer means the member of staff 5
responsible for the day-to-day management and administration of 6
the Opera House. 7
Explanatory note 8
The proposed amendment to the Sydney Opera House Trust Act 1961 ensures that a 9
trustee of The Sydney Opera House Trust, the principal officer of the Sydney Opera 10
House or a person acting under the direction of the Trust or the principal officer is not 11
personally liable for an act or omission done in good faith for the purpose of executing 12
that Act. 13
1.22 Travel Agents Act 1986 No 5 14
[1] Section 53 Service of documents 15
Omit section 53 (1) (a). Insert instead: 16
(a) where the person is a natural person: 17
(i) by giving it to or serving it personally on the person, 18
or 19
(ii) by sending it by post to the person at the person's 20
usual or last known place of residence or business, 21
or 22
(iii) by sending it by post to the person at the person's 23
postal address notified to the Director-General, or 24
[2] Section 53 (1) (b) (iv) and (v) 25
Omit section 53 (1) (b) (iv). Insert instead: 26
(iv) by sending it by prepaid post addressed to the 27
corporation at that registered office or the 28
corporation's postal address notified to the 29
Director-General, or 30
(v) without limiting the other provisions of this 31
paragraph, where the corporation is the holder of a 32
licence, by sending it by prepaid post addressed to 33
the corporation at the address of the principal place 34
of business of the licensee (as shown on the register 35
of licensees). 36
Explanatory note 37
Item [1] of the proposed amendments to the Travel Agents Act 1986 (the Act) allows 38
a document under that Act to be served on a person by sending it by post to a postal 39
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Minor amendments Schedule 1
address notified by the person to the Director-General. Currently, documents under the 1
Act can only be sent by post to a person's residential or business address. 2
Item [2] allows a document under the Act to be served on a corporation by sending it 3
by prepaid post to a postal address notified by the corporation to the Director-General. 4
Currently, documents under the Act can only be sent by prepaid post to a corporation's 5
registered office or business address (where the corporation is the holder of a licence). 6
1.23 Universities Governing Bodies Act 2011 No 51 7
Section 4 Adoption by resolution of the standard governing body 8
provisions 9
Insert after section 4 (4): 10
(5) An order made by the Minister under this section may provide for 11
the commencement of provisions of a savings or transitional 12
nature before the day on which the governing body resolution 13
takes effect. 14
Commencement 15
The amendment to the Universities Governing Bodies Act 2011 is taken to have 16
commenced on 25 October 2011. 17
Explanatory note 18
The amendment to the Universities Governing Bodies Act 2011 makes it clear that an 19
order made under section 4 of that Act, giving effect to a resolution of a University to 20
adopt the standard governing body provisions under that Act, may provide for savings 21
and transitional provisions to commence before the resolution takes effect. 22
1.24 Water Management Act 2000 No 92 23
[1] Chapter 3, Part 2, Division 3, heading 24
Omit "and duration". Insert instead ", duration and amendment". 25
[2] Chapter 3, Part 2, Division 3, note 26
Insert after the heading to Division 3 of Part 2 of Chapter 3: 27
Note. An access licence may be amended under section 71S, on 28
application of the licence holder, so as to change the extraction 29
component of the licence. The share component of an access licence 30
may be changed, on application of the licence holder, under section 71R. 31
[3] Section 67 Imposition of conditions after access licence is granted 32
Omit section 67 (2). Insert instead: 33
(2) Subsection (1) does not apply to conditions imposed on an access 34
licence: 35
(a) at the request of the holder of the access licence, or 36
(b) as a result of action taken under section 66 (3), or 37
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 1 Minor amendments
(c) when the access licence is amended under section 68B, or 1
(d) in connection with a dealing under Division 4. 2
[4] Section 68B 3
Insert after section 68A: 4
68B Increase of share components of Commonwealth and other 5
access licences arising from arrangements 6
(1) The Minister may amend an access licence held by the 7
Commonwealth (or a person nominated by the Commonwealth), 8
at the Minister's discretion, by increasing the share component of 9
the licence if the Minister is satisfied that: 10
(a) the amendment is required in order to give effect to an 11
agreement or other arrangement (including, but not limited 12
to, a funding agreement or arrangement) entered into by or 13
on behalf of the State, and 14
(b) the licence forms part of the Commonwealth 15
environmental water holdings within the meaning of the 16
Water Act 2007 of the Commonwealth. 17
(2) The Minister may amend an access licence held by the State (or 18
a public authority prescribed by the regulations), at the Minister's 19
discretion, by increasing the share component of the licence if: 20
(a) the Minister is satisfied that the amendment is required in 21
order to give effect to an agreement or other arrangement 22
(including, but not limited to, a funding agreement or 23
arrangement) entered into by or on behalf of the State, and 24
(b) the licence: 25
(i) is subject to an adaptive environmental water 26
condition, or 27
(ii) is of an environmental subcategory, or 28
(iii) is for water taken or permitted to be taken under a 29
licence of a class prescribed by the regulations for 30
environmental purposes. 31
[5] Section 91I Taking water when metering equipment not working 32
Omit section 91I (4). Insert instead: 33
(4) In this section, metered work means a water management work 34
in connection with which metering equipment has been installed. 35
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Minor amendments Schedule 1
[6] Section 368 Appeals to Land and Environment Court 1
Insert at the end of section 368 (2) (c): 2
, and 3
(d) no appeal lies against a decision of the Minister to impose 4
a discretionary condition on a licence amended under 5
section 68B. 6
[7] Dictionary 7
Insert "or 68B" after "section 68A" in paragraph (d) of the definition of 8
Ministerial action. 9
Explanatory note 10
Item [4] of the proposed amendments to the Water Management Act 2000 (the Act) 11
enables the Minister for Primary Industries (the Minister) to amend an access licence 12
held by the Commonwealth or the State by increasing the licence's share component, 13
in order to give effect to an agreement entered into by the State and where the licence 14
forms part of the Commonwealth environmental water holdings or is used for certain 15
environmental purposes. Item [4] is in similar terms to sections 63A and 63B of the Act, 16
which enable the Minister to grant an access licence to the Commonwealth or the State 17
in order to give effect to an agreement entered into by the State. 18
Item [6] ensures that the holder of an access licence that is amended as provided for 19
by item [4] (for example, the Commonwealth) cannot appeal against the Minister's 20
decision to impose a discretionary condition on the licence. Item [6] is consistent with 21
section 368 (2) (c), which removes any right of appeal against the Minister's decision 22
to grant an access licence to the Commonwealth or the State under section 63A or 63B 23
of the Act or to impose a discretionary condition on such a licence. 24
Items [1]-[3] and [7] are consequential on the amendment made by item [4]. 25
Item [5] amends section 91I of the Act to ensure that it is generally an offence to take 26
water from a water source to which Part 3 of Chapter 3 of the Act applies when related 27
metering equipment is not operating (or is not operating properly), regardless of how 28
the equipment came to be installed. The proposed amendment ensures that 29
section 91I is consistent with section 91K of the Act, under which it is generally an 30
offence to interfere with, damage, destroy or disconnect metering equipment, 31
regardless of how the equipment came to be installed. 32
Page 21
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law 1
revision 2
2.1 Air Transport Act 1964 No 36 3
[1] Section 2 (1), definition of "Director-General" 4
Omit "Ministry of Transport". Insert instead "Department of Transport". 5
[2] Section 5 (1) (a) 6
Omit "the office of the Ministry of Transport". 7
Insert instead "the head office of Transport for NSW". 8
[3] Section 12A (1) (a) 9
Omit the paragraph. Insert instead: 10
(a) a member of staff employed in the Transport Service who 11
is appointed by the Director-General, 12
Explanatory note 13
Item [1] of the proposed amendments updates a reference to a Director-General of a 14
Department. Item [2] updates the reference to the office at which an application for a 15
licence is to be lodged. Item [3] updates a reference to staff. 16
2.2 Boorowa Local Environmental Plan 2012 17
Clause 4.2A 18
Renumber clause 4.2A (5) and (6) as clause 4.2A (4) and (5), respectively. 19
Explanatory note 20
The proposed amendment corrects numbering. 21
2.3 Children and Young Persons (Care and Protection) Act 1998 22
No 157 23
Section 245I (c) 24
Omit "Centrelink". 25
Insert instead "the Commonwealth Department of Human Services". 26
Explanatory note 27
The proposed amendment updates a reference to a Commonwealth Government 28
agency. 29
Page 22
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Amendments by way of statute law revision Schedule 2
2.4 Community Land Development Regulation 2007 1
Clause 36 2
Omit "Country Energy". 3
Insert in alphabetical order "Essential Energy". 4
Explanatory note 5
The proposed amendment updates a reference to a corporation. 6
2.5 Compensation to Relatives Act 1897 No 31 7
Section 7 (2) 8
Omit "public trustee". Insert instead "NSW Trustee and Guardian". 9
Explanatory note 10
The proposed amendment updates a reference to an office holder. 11
2.6 Contaminated Land Management Act 1997 No 140 12
Sections 7 (2) (d) and 38 (3) 13
Omit "Public Trustee" wherever occurring. 14
Insert instead "NSW Trustee and Guardian". 15
Explanatory note 16
The proposed amendment updates references to an office holder. 17
2.7 Co-operatives (Adoption of National Law) Act 2012 No 29 18
Appendix, section 393 19
Renumber the paragraphs in section 393 as paragraphs (a)-(g). 20
Explanatory note 21
The proposed amendment corrects numbering. 22
2.8 Criminal Procedure Act 1986 No 209 23
Schedule 1, Table 1, clause 18A 24
Omit "section 26". Insert instead "section 26 (1A) or (1B)". 25
Explanatory note 26
The proposed amendment clarifies a cross-reference. 27
Page 23
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 2 Amendments by way of statute law revision
2.9 Election Funding, Expenditure and Disclosures Act 1981 1
No 78 2
[1] Section 4 (1), note to definition of "official agent" 3
Omit the note. 4
[2] Section 47 (1) and (2) 5
Omit "section 46" wherever occurring. Insert instead "this Division". 6
[3] Part 6, Division 4A, heading 7
Omit the heading. Insert instead: 8
Division 4A Prohibition of donations from property 9
developers or tobacco, liquor or gambling 10
industries 11
[4] Section 96GA, note 12
Omit the note. Insert instead: 13
Note. Section 96I makes it an offence for a person to do any act that is 14
unlawful under this Division if the person is, at the time of the act, aware 15
of the facts that result in the act being unlawful. Section 96J also 16
provides for the recovery by the Authority of unlawful political donations. 17
Explanatory note 18
The proposed amendments are consequential on amendments enacted in 2010. In 19
particular, item [1] removes a note that is no longer accurate, item [2] updates 20
cross-references, item [3] updates a heading and item [4] updates a note. 21
2.10 Fair Trading Act 1987 No 68 22
Section 4 (1), definition of "officer" 23
Omit "section 85 of the Public Sector Employment and Management 24
Act 2002" from paragraph (b). 25
Insert instead "the Public Sector Employment and Management Act 2002". 26
Explanatory note 27
The proposed amendment updates a cross-reference to a repealed provision of the 28
Public Sector Employment and Management Act 2002. 29
2.11 First State Superannuation Act 1992 No 100 30
Schedule 1 31
Omit "Upper Parramatta River Catchment Management Trust". 32
Explanatory note 33
The proposed amendment removes a redundant reference to a trust. 34
Page 24
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Amendments by way of statute law revision Schedule 2
2.12 Government Information (Public Access) Act 2009 No 52 1
[1] Schedule 2, clause 4 2
Omit "office of Public Trustee". Insert instead "NSW Trustee and Guardian". 3
[2] Schedule 2, clause 4 4
Omit "Public Trustee's". Insert instead "NSW Trustee and Guardian's". 5
Explanatory note 6
The proposed amendments update references to an office and office holder. 7
2.13 Gunnedah Local Environmental Plan 2012 8
Part 2, Land Use Table, Zone RE2, item 4 9
Omit "Elecricity". Insert instead "Electricity". 10
Explanatory note 11
The proposed amendment corrects a spelling error. 12
2.14 Hawkesbury Local Environmental Plan 2012 13
Schedule 5 14
Omit "Goal" from the matter relating to 19 Upper MacDonald Road, St 15
Albans. 16
Insert instead "Gaol". 17
Explanatory note 18
The proposed amendment corrects a spelling error. 19
2.15 Health Care Complaints Act 1993 No 105 20
Section 25 (1) 21
Omit "Mental Health Act 1990". Insert instead "Mental Health Act 2007". 22
Explanatory note 23
The proposed amendment updates a reference to an Act. 24
2.16 Health Records and Information Privacy Act 2002 No 71 25
Section 4 (1), definition of "public sector agency" 26
Omit paragraph (c). 27
Explanatory note 28
The proposed amendment removes a provision made redundant by amendments 29
made to the Public Sector Employment and Management Act 2002 by the Public Sector 30
Employment Legislation Amendment Act 2006. 31
Page 25
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 2 Amendments by way of statute law revision
2.17 Independent Pricing and Regulatory Tribunal Act 1992 No 39 1
Schedule 1 2
Omit "Country Energy". Insert instead "Essential Energy". 3
Explanatory note 4
The proposed amendment updates a reference to a corporation. 5
2.18 Industrial Relations Act 1996 No 17 6
[1] Section 210 (1) (ib) 7
Omit "Chief Investigator of the Independent Transport Safety and Reliability 8
Regulator or an officer of the Ministry of Transport". 9
Insert instead "Chief Investigator (within the meaning of the Transport 10
Administration Act 1988) or a member of staff employed in the Transport 11
Service". 12
[2] Section 218 (1) (m) 13
Omit "paragraph (n)". Insert instead "paragraph (o)". 14
Explanatory note 15
Item [1] of the proposed amendments corrects a reference to an official and updates a 16
reference to staff. Item [2] corrects a cross-reference. 17
2.19 Law Enforcement (Powers and Responsibilities) Act 2002 18
No 103 19
[1] Schedule 2 20
Omit the matter relating to the Disorderly Houses Act 1943, the Employment 21
Agents Act 1996 and the Stock (Artificial Breeding) Act 1985. 22
[2] Schedule 2 23
Insert in alphabetical order: 24
Fire Brigades Act 1989, section 22D 25
Mining Act 1992, section 248F 26
Residential Tenancies Act 2010, section 200 27
Restricted Premises Act 1943, section 13 28
Rural Fires Act 1997, section 33C 29
Explanatory note 30
The proposed amendments correct and update cross-references. 31
Page 26
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Amendments by way of statute law revision Schedule 2
2.20 Library Act 1939 No 40 1
Section 2 (1) 2
Omit the definition of Board. 3
Explanatory note 4
The proposed amendment removes redundant matter. 5
2.21 Merriwa Local Environmental Plan 1992 6
Clause 14 (3) (a) 7
Omit "Coucil". Insert instead "Council". 8
Explanatory note 9
The proposed amendment corrects a spelling error. 10
2.22 Mining Act 1992 No 29 11
[1] Section 292M (6) 12
Omit "section 117". Insert instead "section 197 (3)". 13
[2] Schedule 7, Part 1 14
Omit "section 70 (1) (b)". Insert instead "section 70 (1) (a1)". 15
Explanatory note 16
The proposed amendments correct cross-references. 17
2.23 Non-Indigenous Animals Regulation 2012 18
[1] Clause 27 (a) 19
Omit "offsping". Insert instead "offspring". 20
[2] Clause 45 (c) (ii) (C) 21
Insert "or" at the end of the subsubparagraph. 22
Explanatory note 23
Item [1] of the proposed amendments corrects a spelling error. Item [2] inserts a 24
missing word. 25
2.24 Petroleum (Onshore) Act 1991 No 84 26
Section 22 27
Renumber section 22 (3A) where secondly occurring as section 22 (3B). 28
Explanatory note 29
The proposed amendment corrects duplicated numbering. 30
Page 27
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 2 Amendments by way of statute law revision
2.25 Privacy and Personal Information Protection Act 1998 1
No 133 2
[1] Section 3 (1), definition of "public sector agency" 3
Omit paragraph (c). 4
[2] Schedule 2, clause 7 (1) 5
Omit "Parts 2 and 8 of the Public Sector Management Act 1988". 6
Insert instead "Chapters 1A and 5 of the Public Sector Employment and 7
Management Act 2002". 8
Explanatory note 9
Item [1] of the proposed amendments removes a provision made redundant by 10
amendments made to the Public Sector Employment and Management Act 2002 by the 11
Public Sector Employment Legislation Amendment Act 2006. 12
Item [2] updates a reference to provisions of a repealed Act. 13
2.26 Public Authorities (Financial Arrangements) 14
Regulation 2005 15
[1] Schedule 2 16
Omit "Country Energy". Insert in alphabetical order "Essential Energy". 17
[2] Schedule 2 18
Omit "Public Transport Ticketing Corporation". 19
Explanatory note 20
Item [1] of the proposed amendments updates a reference to a corporation. Item [2] 21
removes a redundant reference to a dissolved body. 22
2.27 Public Finance and Audit Act 1983 No 152 23
Schedule 2 24
Omit "Public Transport Ticketing Corporation" and "Upper Parramatta River 25
Catchment Trust". 26
Explanatory note 27
The proposed amendment removes redundant references to a dissolved body and a 28
trust. 29
2.28 Public Sector Employment and Management Act 2002 No 43 30
Schedule 1, Part 2 31
Omit the matter relating to the Upper Parramatta River Catchment Trust 32
Division. 33
Page 28
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendment removes a redundant reference to a trust. 2
2.29 Retirement Villages Act 1999 No 81 3
Section 17, note 4
Omit "Trade Practices Act 1974". 5
Insert instead "Competition and Consumer Act 2010". 6
Explanatory note 7
The proposed amendment updates a reference to a Commonwealth Act. 8
2.30 Richmond Valley Local Environmental Plan 2012 9
Clause 4.1C (3) 10
Omit "for subdivide land". Insert instead "for the subdivision of land". 11
Explanatory note 12
The proposed amendment corrects a grammatical error. 13
2.31 Road Transport (General) Regulation 2005 14
Clause 78 (10) 15
Omit "subclause (6) or (8)". Insert instead "subclause (7) or (9)". 16
Explanatory note 17
The proposed amendment corrects cross-references. 18
2.32 Road Transport (Safety and Traffic Management) Regulation 19
1999 20
Schedule 3 21
Omit "Aukland". Insert instead "Auckland". 22
Explanatory note 23
The proposed amendment corrects the spelling of a street name. 24
2.33 State Authorities Non-contributory Superannuation Act 25
1987 No 212 26
Schedule 1, Part 1 27
Omit "Upper Parramatta River Catchment Trust". 28
Explanatory note 29
The proposed amendment removes a redundant reference to a trust. 30
Page 29
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 2 Amendments by way of statute law revision
2.34 State Authorities Superannuation Act 1987 No 211 1
Schedule 1, Part 1 2
Omit "Upper Parramatta River Catchment Trust". 3
Explanatory note 4
The proposed amendment removes a redundant reference to a trust. 5
2.35 State Emergency and Rescue Management Act 1989 No 165 6
Section 60D (1) and (4) 7
Insert "or on the NSW legislation website" after "Gazette" wherever 8
occurring. 9
Explanatory note 10
The proposed amendment provides that certain orders in relation to emergency 11
operations may be published on the NSW legislation website, as an alternative to the 12
Gazette. 13
2.36 Superannuation Act 1916 No 28 14
Schedule 3, Part 1 and Schedule 26, Part 1 15
Omit "Upper Parramatta River Catchment Trust" wherever occurring. 16
Explanatory note 17
The proposed amendment removes redundant references to a trust. 18
2.37 Supreme Court Rules 1970 19
Part 51B, heading and rule 1 and Schedule F, Form 1 20
Omit "Crimes (Local Courts Appeal and Review) Act 2001" wherever 21
occurring. 22
Insert instead "Crimes (Appeal and Review) Act 2001". 23
Explanatory note 24
The proposed amendment updates references to an Act. 25
2.38 Tow Truck Industry Regulation 2008 26
The whole Regulation 27
Omit "The RTA" and "the RTA" wherever occurring. Insert instead "RMS". 28
Explanatory note 29
The proposed amendment updates references to a body. 30
Page 30
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Amendments by way of statute law revision Schedule 2
2.39 Transport Administration Act 1988 No 109 1
[1] Section 3 (1) 2
Omit the definition of Public Transport Ticketing Corporation. 3
[2] Section 56 (d) 4
Omit the paragraph. Insert instead: 5
(d) until its dissolution, Sydney Metro. 6
[3] Section 65, paragraph (j) of the definition of "transport authority" 7
Omit the paragraph. Insert instead: 8
(j) until its dissolution, Sydney Metro. 9
[4] Section 81A, paragraph (g) of the definition of "Authority" 10
Omit the paragraph. 11
[5] Schedule 5, clause 2, paragraph (h) of the definition of "Authority" 12
Omit the paragraph. Insert instead: 13
(h) until its dissolution, Sydney Metro. 14
[6] Schedule 9 15
Omit the Schedule. 16
Explanatory note 17
The proposed amendments remove redundant references and provisions relating to a 18
dissolved body. 19
2.40 Waste Recycling and Processing Corporation (Authorised 20
Transaction) Act 2010 No 8 21
[1] Sections 7 (1), (3), (4) and (7) and 16 (2) and Schedule 5, clauses 3 (3) and 22
5 (2) 23
Omit "Treasurer" wherever occurring. 24
Insert instead "Minister for Finance and Services". 25
[2] Section 20 (2) 26
Insert at the end of section 20: 27
(2) The Minister for Finance and Services (the Minister) may 28
delegate to the Director-General of the Department of Finance 29
and Services, or to any other officer of the Government Service 30
prescribed by the regulations, any function of the Minister under 31
this Act except this power of delegation. 32
Page 31
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 2 Amendments by way of statute law revision
[3] Schedule 5, clauses 1 and 7 1
Omit "General Manager" wherever occurring. 2
Insert instead "Chief Executive". 3
[4] Schedule 5, clause 5 (3) 4
Insert after clause 5 (2): 5
(3) In respect of any such transfer, a reference in any provision of 6
Schedule 3 to the Treasurer is to be construed as a reference to the 7
Minister for Finance and Services. 8
Explanatory note 9
The proposed amendments update references to office holders in line with 10
arrangements under the Public Sector Employment and Management (Waste Assets 11
Management Corporation) Order 2010 and the Public Sector Employment and 12
Management (Waste Assets Management Corporation) Order 2011. 13
2.41 Water Management Act 2000 No 92 14
Schedule 3, Part 3 15
Omit "Country Energy". Insert instead "Essential Energy". 16
Explanatory note 17
The proposed amendment updates a reference to a corporation. 18
2.42 Water Management (General) Regulation 2011 19
The whole Regulation 20
Omit "Country Energy" and "Country Energy's" wherever occurring. 21
Insert instead "Essential Energy" and "Essential Energy's", respectively. 22
Explanatory note 23
The proposed amendment updates references to a corporation. 24
2.43 Water Sharing Plan for the Lachlan Unregulated and Alluvial 25
Water Sources 2012 26
[1] Clause 22 (i) 27
Omit "39 ML/day". Insert instead "39ML/year". 28
[2] Clause 69 (b) 29
Omit "ATS 474". Insert instead "ATS 4747". 30
Explanatory note 31
The proposed amendments correct typographical errors. 32
Page 32
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Amendments by way of statute law revision Schedule 2
2.44 Water Sharing Plan for the NSW Border Rivers Unregulated 1
and Alluvial Water Sources 2012 2
Appendix 4 3
Omit "Pox". Insert instead "Box". 4
Explanatory note 5
The proposed amendment corrects a typographical error. 6
2.45 West Scholarships Act 1930 No 19 7
Section 13 (2) 8
Omit the subsection. Insert instead: 9
(2) The by-laws shall be submitted for the approval of the Governor. 10
Explanatory note 11
The proposed amendment removes redundant provisions relating to the making of 12
by-laws, which are provided for in Part 6 of the Interpretation Act 1987. 13
2.46 Workers Compensation (Bush Fire, Emergency and Rescue 14
Services) Regulation 2012 15
Clause 4 (b) 16
Omit "of New South Wales". 17
Explanatory note 18
The proposed amendment omits redundant matter. 19
Page 33
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 3 Repeals
Schedule 3 Repeals 1
1 Repeal of redundant Acts and provisions 2
The following Acts and provisions of an instrument are repealed: 3
Act or instrument Provisions repealed
Appropriation Act 2011 No 42 Whole Act
Appropriation (Supply and Budget Variations) Whole Act
Act 2011 No 14
Legal Profession Regulation 2005 Schedule 6
Statute Law (Miscellaneous Provisions) Act 2011 Whole Act
No 27
Statute Law (Miscellaneous Provisions) Act 2012 Whole Act
No 42
2 Repeal of amending provisions or repeals that have commenced 4
The following provisions of Acts and instruments are repealed: 5
Act or instrument Provisions repealed
Ports and Maritime Administration Act 1995 Section 111 and
No 13 Schedule 3
State Environmental Planning Policy (State and Schedule 6
Regional Development) 2011
State Environmental Planning Policy (Sydney Schedule 1
Drinking Water Catchment) 2011
State Environmental Planning Policy (Western Note to clause 8 (1), and
Sydney Employment Area) 2009 Schedule 5
Sutherland Shire Local Environmental Plan 2006 Clause 8 (5) and
Schedule 1
Water Management Act 2000 No 92 Schedule 8.30 [3] and [5]
3 Restoration of repealed Act 6
The repeal of the Law Courts Limited Act 1977 by the Statute Law 7
(Miscellaneous Provisions) Act 2011 is revoked and the Law Courts 8
Limited Act 1977 is taken not to be, and never to have been, repealed. 9
Page 34
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
General savings, transitional and other provisions Schedule 4
Schedule 4 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 35
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Schedule 4 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, or provisions of Acts 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 by the proposed Act of any Act or instrument or any provision of an Act or 15
instrument. The Act, instrument or provision the subject of the revocation of repeal is 16
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 36
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Notes
Notes 1
Index of Acts and instruments amended by Schedules 1 and 2 2
Air Transport Act 1964 No 36--Schedule 2 3
Apprenticeship and Traineeship Act 2001 No 80--Schedule 1 4
Australian Museum Trust Act 1975 No 95--Schedule 1 5
Biofuels Act 2007 No 23--Schedule 1 6
Boorowa Local Environmental Plan 2012--Schedule 2 7
Child Protection (Working with Children) Act 2012 No 51--Schedule 1 8
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedules 1 9
and 2 10
Community Land Development Regulation 2007--Schedule 2 11
Compensation to Relatives Act 1897 No 31--Schedule 2 12
Contaminated Land Management Act 1997 No 140--Schedule 2 13
Co-operatives (Adoption of National Law) Act 2012 No 29--Schedule 2 14
Crime Commission Act 2012 No 66--Schedule 1 15
Criminal Procedure Act 1986 No 209--Schedules 1 and 2 16
Election Funding, Expenditure and Disclosures Act 1981 No 78--Schedules 1 and 2 17
Fair Trading Act 1987 No 68--Schedule 2 18
First State Superannuation Act 1992 No 100--Schedule 2 19
Government Information (Public Access) Act 2009 No 52--Schedule 2 20
Gunnedah Local Environmental Plan 2012--Schedule 2 21
Hawkesbury Local Environmental Plan 2012--Schedule 2 22
Health Care Complaints Act 1993 No 105--Schedule 2 23
Health Records and Information Privacy Act 2002 No 71--Schedule 2 24
Independent Commission Against Corruption Act 1988 No 35--Schedule 1 25
Independent Pricing and Regulatory Tribunal Act 1992 No 39--Schedule 2 26
Industrial Relations Act 1996 No 17--Schedule 2 27
aw Enforcement (Powers and Responsibilities) Act 2002 No 103--Schedule 2 28
ibrary Act 1939 No 40--Schedules 1 and 2 29
ocal Government Act 1993 No 30--Schedule 1 30
Merriwa Local Environmental Plan 1992--Schedule 2 31
Mining Act 1992 No 29--Schedule 2 32
Museum of Applied Arts and Sciences Act 1945 No 31--Schedule 1 33
Non-Indigenous Animals Regulation 2012--Schedule 2 34
Parliamentary Electorates and Elections Regulation 2008--Schedule 1 35
Petroleum (Onshore) Act 1991 No 84--Schedule 2 36
Page 37
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Notes
Prevention of Cruelty to Animals Act 1979 No 200--Schedule 1 1
Privacy and Personal Information Protection Act 1998 No 133--Schedule 2 2
Public Authorities (Financial Arrangements) Regulation 2005--Schedule 2 3
Public Finance and Audit Act 1983 No 152--Schedules 1 and 2 4
Public Sector Employment and Management Act 2002 No 43--Schedule 2 5
Racing Administration Act 1998 No 114--Schedule 1 6
Residential Tenancies Act 2010 No 42--Schedule 1 7
Retirement Villages Act 1999 No 81--Schedule 2 8
Richmond Valley Local Environmental Plan 2012--Schedule 2 9
Road Transport (General) Regulation 2005--Schedule 2 10
Road Transport (Safety and Traffic Management) Regulation 1999--Schedule 2 11
Security Industry Act 1997 No 157--Schedule 1 12
Special Commissions of Inquiry Act 1983 No 90--Schedule 1 13
State Authorities Non-contributory Superannuation Act 1987 No 212--Schedule 2 14
State Authorities Superannuation Act 1987 No 211--Schedule 2 15
State Emergency and Rescue Management Act 1989 No 165--Schedule 2 16
State Emergency Service Act 1989 No 164--Schedule 1 17
Superannuation Act 1916 No 28--Schedule 2 18
Supreme Court Rules 1970--Schedule 2 19
Sydney Opera House Trust Act 1961 No 9--Schedule 1 20
Tow Truck Industry Regulation 2008--Schedule 2 21
Transport Administration Act 1988 No 109--Schedule 2 22
Travel Agents Act 1986 No 5--Schedule 1 23
Universities Governing Bodies Act 2011 No 51--Schedule 1 24
Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010 25
No 8--Schedule 2 26
Water Management Act 2000 No 92--Schedules 1 and 2 27
Water Management (General) Regulation 2011--Schedule 2 28
Water Sharing Plan for the Lachlan Unregulated and Alluvial Water Sources 29
2012--Schedule 2 30
Water Sharing Plan for the NSW Border Rivers Unregulated and Alluvial Water 31
Sources 2012--Schedule 2 32
West Scholarships Act 1930 No 19--Schedule 2 33
Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 34
2012--Schedule 2 35
Page 38
Statute Law (Miscellaneous Provisions) Bill (No 2) 2012
Notes
Index of Acts wholly repealed by Schedule 3 1
Appropriation Act 2011 No 42 2
Appropriation (Supply and Budget Variations) Act 2011 No 14 3
Statute Law (Miscellaneous Provisions) Act 2011 No 27 4
Statute Law (Miscellaneous Provisions) Act 2012 No 42 5
Index of Acts and instruments partly repealed by Schedule 3 6
egal Profession Regulation 2005 7
Ports and Maritime Administration Act 1995 No 13 8
State Environmental Planning Policy (State and Regional Development) 2011 9
State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 10
State Environmental Planning Policy (Western Sydney Employment Area) 2009 11
Sutherland Shire Local Environmental Plan 2006 12
Water Management Act 2000 No 92 13
Page 39
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