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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Statute Law (Miscellaneous Provisions) Bill
(No 2) 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments by way of statute law revision--miscellaneous
amendments 15
Schedule 3 Amendments by way of statute law revision--amendments relating
to machinery of government changes 23
Schedule 4 Repeals 36
Schedule 5 General savings, transitional and other provisions 37
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Statute Law (Miscellaneous Provisions) Bill
(No 2) 2022
Act No , 2022
An Act to repeal an Act and instrument and to amend certain other Acts and instruments in various
respects and for the purpose of effecting statute law revision; and to make certain savings.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Bill (No 2) 2022.
2 Commencement
This Act commences on 13 January 2023.
Page 2
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
Schedule 1 Minor amendments
1.1 Animal Research Act 1985 No 123
Section 61 Service of notices
Omit section 61(c). Insert instead--
(c) by electronic transmission to an address or location specified by the
person for the service of notices of that kind.
1.2 Associations Incorporation Act 2009 No 7
[1] Section 72 Application for cancellation
Insert after section 72(1)--
(1A) The association must pass a special resolution approving the application
before applying to the Secretary.
[2] Section 72(2)
Omit the subsection. Insert instead--
(2) The application must--
(a) be in the approved form, and
(b) include a copy of the special resolution.
[3] Section 72(3)
Omit "subsection (2)". Insert instead "subsection (2)(a)".
1.3 Biosecurity Act 2015 No 24
[1] Section 313 Claims
Omit "a manner required by the Secretary" from section 313(b).
Insert instead "an approved manner".
[2] Schedule 2 Prohibited matter
Omit the matter relating to Tilapia spp. (all species except T. buttikoferi) from Part 1.
Insert in alphabetical order under the heading "Pest Marine and Freshwater Finfish"--
Coptodon spp. (all species) Guinean tilapia/Redbreast tilapia/Redbelly
tilapia
Pelmatolapia spp. (all species) Black mangrove cichlid/Spotted tilapia
Tilapia spp. (all species) Banded tilapia
1.4 City of Sydney Act 1988 No 48
Section 16A Partnerships
Insert after section 16A(2)--
(3) For a firm taken to be a corporation under subsection (2)--
(a) each partner of the firm is taken to be a director of the corporation, and
Page 3
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
(b) the managing partner or chief executive of the firm, however styled, is
taken to be the company secretary of the corporation.
1.5 Community Land Development Act 2021 No 6
[1] Sections 25(3)(a) and (b), 26(2)(a) and (b), 69(5)(b) and 110(4) and (5)
Omit the provisions.
[2] Section 30 Association may grant or accept relevant interest
Omit "burdens" from section 30(1)(c). Insert instead "benefits".
[3] Section 30(2)(b)
Omit "benefits". Insert instead "burdens".
[4] Section 103 Application of Act to electronic plans and documents
Omit "certificate of title or" from section 103(6), definition of document.
1.6 Community Land Management Act 2021 No 7
[1] Section 14 Documents and records to be provided to association at first AGM
Omit "certificates (other than certificates of title for lots)" from section 14(1)(a).
Insert instead "certificates,".
[2] Section 14(1)(c)
Omit "the certificate of title for the association property,".
[3] Section 138 Civil penalty for breach of by-laws
Insert "made under section 129" after "by-law" in section 138(3).
[4] Sections 172(f) and 205(1)(b) and (2)
Omit the provisions.
1.7 Companion Animals Act 1998 No 87
[1] Section 89 Confidentiality of certain information
Insert "or address" after "name" in section 89(7).
[2] Schedule 3 Savings and transitional provisions
Omit "the commencement of the section" from clause 9(1). Insert instead "1 July 2020".
1.8 Dams Safety Act 2015 No 26
[1] Section 51 Service of documents
Omit section 51(1)(a)(iii). Insert instead--
(iii) sending the document by email to an email address specified by
the person for the service of documents, or
[2] Section 51(1)(b)(ii)
Omit the subparagraph. Insert instead--
Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
(ii) sending the document by email to an email address specified by
the body corporate for the service of documents.
1.9 Design and Building Practitioners Act 2020 No 7
[1] Section 52 Variation, suspension or cancellation of registration generally
Insert "varied," before "cancelled" in section 52(1)(g).
[2] Section 52A
Insert after section 52--
52A Variation of registration
(1) Division 1 applies to an application by a registered practitioner to vary the
practitioner's registration in the same way it applies to an application for the
grant of registration.
Note-- For applications for a cancellation or suspension of registration--see section
62.
(2) The regulations may make provision, including different provision, about the
same matters in relation to an application to vary registration as in relation to
an application for the grant of registration.
Example-- A fee to be paid for an application to vary registration that is different from
the fee to be paid for an application for the grant of registration.
(3) If a variation of registration results in a registered practitioner being registered
in an additional class, the registration in the additional class remains in force
for the period specified by the Secretary in the notice by which the registration
is varied, unless sooner cancelled.
1.10 Design and Building Practitioners Regulation 2021
[1] Clause 43, heading
Omit "variation, suspension or cancellation". Insert instead "suspension".
[2] Clause 43(1) and (1A)
Omit the subclauses.
1.11 Duties Act 1997 No 123
[1] Section 65 Exemptions from duty
Omit "Part V of the National Health Act 1953 of the Commonwealth" from section
65(16)(c).
Insert instead "the Aged Care Act 1997 of the Commonwealth, Chapter 3A".
[2] Section 108 Person liable to pay call option assignment duty
Omit "No duty is payable at this point" from the note.
Insert instead "A must pay duty on the dutiable value of the option, as determined under
Chapter 2".
[3] Section 252 Register of insurers
Omit section 252(2). Insert instead--
(2) The register must be made publicly available on the website of Revenue NSW.
Page 5
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
1.12 Electricity Supply Act 1995 No 94
Schedule 4A Energy security safeguard schemes
Omit "authorised officer" wherever occurring in clauses 71B(4) and (6) and 136C(4) and
(6).
Insert instead "compliance officer".
1.13 Exhibited Animals Protection Act 1986 No 123
Section 51 Service of notices
Omit section 51(c). Insert instead--
(c) by electronic transmission to an address or location specified by the
person for the service of notices of that kind, or
1.14 Fisheries Management Act 1994 No 38
[1] Section 4 Definitions
Omit section 4(1), definitions of noxious fish and noxious marine vegetation.
[2] Section 4(4)
Insert ", or in a regulation or another instrument made under this Act," after "reference in
this Act".
[3] Section 4(4)
Insert ", the regulation or the instrument" after "fish in this Act".
[4] Section 34A Definitions
Omit paragraphs (a) and (b) of the definition of official receipt.
Insert instead--
(a) if the fishing fee was paid in person--
(i) the hard copy receipt, or a copy of the receipt, issued as evidence
of payment, or
(ii) a photo, including a photo on a smartphone or other mobile
device, of the receipt that clearly displays the information on the
receipt, or
(b) if the fishing fee was paid over the telephone or by electronic means--
(i) the receipt number issued as evidence of payment, or
(ii) a photo, including a photo on a smartphone or other mobile
device, of the receipt that clearly displays the information on the
receipt, or
[5] Section 95 Cancellation or forfeiture of shares to be noted in Share Register
Omit ", forfeited or otherwise ceases to have effect" from section 95(1).
Insert instead "or forfeited".
[6] Section 125 Definition of "relevant authority"
Omit section 125(d).
Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
[7] Section 152 Conditions of permits
Omit "the destruction of noxious fish and" from section 152(2)(d).
[8] Section 154 Register of permits
Omit "providing a computer print-out or providing access to a computer terminal that can
be used to view the register" in section 154(6).
Insert instead "making the register, or that part kept by computer, available on the website
of the Department".
[9] Section 160 Power to cancel or suspend a permit after a hearing
Omit section 160(1)(c).
[10] Section 227 Delegation by Minister
Insert after section 227(2)--
(3) A delegation under this section must be notified by publication of the
instrument of delegation in the Gazette.
[11] Section 228 Delegation by Secretary
Insert after section 228(2)--
(2A) A delegation or subdelegation under this section must be notified by
publication of the instrument of delegation or subdelegation in the Gazette.
[12] Section 284 Public consultation procedure
Omit section 284(2). Insert instead--
(2) In order to give the public an opportunity to make submissions on a matter in
subsection (1), the person or body to whom the requirement applies must--
(a) publish the following on the Department's website--
(i) the matter that is subject to consultation,
(ii) the date by which submissions must be made, and
(b) allow a period of not less than 30 days for public comment.
(2A) A person or body may take other steps the person or body considers reasonable
to bring a matter in subsection (1) to the attention of the following persons or
class of persons--
(a) members of the public generally,
(b) if the matter relates to a particular area only--members of the public in
or near the area.
1.15 Fisheries Management (Aquaculture) Regulation 2017
[1] Clause 19 Payment obligation
Omit "Act, or" from clause 19(b). Insert instead "Act."
[2] Clause 19(c)
Omit the subclause.
[3] Clause 61 Information to be specified on containers of shellfish and other
aquaculture products for sale
Omit "and noxious fish" from clause 61(1).
Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
1.16 Fisheries Management (General) Regulation 2019
Clause 4 Definitions of fish species
Omit clause 4(2), including the note.
1.17 Food Act 2003 No 43
Section 137 Service of documents
Omit section 137(1)(e). Insert instead--
(e) by electronic transmission to an address or location specified by the
person for the service of documents of that kind,
1.18 Game and Feral Animal Control Act 2002 No 64
Schedule 3 Game animals
Omit "Grey Teal (Anas gibberifrons)" from Part 1A.
Insert instead "Grey Teal (Anas gracilis)".
1.19 Health Records and Information Privacy Act 2002 No 71
[1] Schedule 1 Health Privacy Principles
Insert after clause 10(4)--
(4A) If health information is used under subclause (1)(b1), the organisation--
(a) must not hold the information for longer than 18 months, unless
extenuating circumstances apply or consent has been obtained, and
(b) if the organisation is a law enforcement agency--must not use the
information for the purpose of prosecuting an offence.
[2] Schedule 1, clause 11(5A)
Insert after clause 11(5)--
(5A) If health information is disclosed under subclause (1)(b1), the organisation--
(a) must not hold the information for longer than 18 months, unless
extenuating circumstances apply or consent has been obtained, and
(b) if the organisation is a law enforcement agency--must not use the
information for the purpose of prosecuting an offence.
[3] Schedule 1, clause 16
Omit the clause.
1.20 Hemp Industry Act 2008 No 58
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
authorised officer means a person appointed by the Secretary under section
18.
[2] Section 3(1), definition of "inspector"
Omit the definition.
Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
[3] Sections 11, 15(2)(a), 16(1) and (3) and 36(2)
Omit "revoked" wherever occurring. Insert instead "cancelled".
[4] Sections 15(1) and 16(4)
Omit "revoking" wherever occurring. Insert instead "cancelling".
[5] Section 16, heading
Omit "Revocation". Insert instead "Cancellation".
[6] Section 16(3)
Omit "revocation". Insert instead "cancellation".
[7] Sections 16(2) and 38(c)
Omit "revoke" wherever occurring. Insert instead "cancel".
[8] Sections 17-21, 23, 25-33, 40(1)(d) and 45(6), definition of "authorised officer"
Omit "inspector", "inspector's" and "inspectors" wherever occurring.
Insert instead "authorised officer", "authorised officer's" and "authorised officers",
respectively.
[9] Section 28 Search warrants
Omit "authorised officer" from section 28(1) and (2). Insert instead "issuing officer".
[10] Section 28(4)
Omit the definition of authorised officer. Insert instead--
issuing officer means an authorised officer within the meaning of the Law
Enforcement (Powers and Responsibilities) Act 2002.
[11] Section 42 Service of documents
Omit section 42(1)(a)(iii). Insert instead--
(iii) electronic transmission to an address or location specified by the
person for the service of documents of that kind, or
[12] Section 42(1)(b)(ii)
Omit the subparagraph. Insert instead--
(ii) electronic transmission to an address or location specified by the
body corporate for the service of documents of that kind.
[13] Section 45 Penalty notices
Omit section 45(6), definition of authorised officer. Insert instead--
authorised officer includes a police officer.
Note-- An authorised officer is also defined in section 3 to mean a person appointed
by the Secretary under section 18.
1.21 Hemp Industry Regulation 2016
[1] Clauses 8, heading and 11(4)
Omit "revocation" wherever occurring. Insert instead "cancellation".
Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
[2] Clauses 8 and 11(4)
Omit "revoked" wherever occurring. Insert instead "cancelled".
1.22 Local Government Act 1993 No 30
Section 664 Disclosure and misuse of information
Omit section 664(1B)(d). Insert instead--
(d) an agenda, resolution or recommendation of a meeting that is open access
information under the Government Information (Public Access) Act 2009, Part
3.
1.23 Local Land Services Act 2013 No 51
Section 209 Service of documents
Omit section 209(1). Insert instead--
(1) A document may be served on Local Land Services by--
(a) leaving it at, or sending it by post to, an office of Local Land Services,
or
(b) sending it by electronic transmission to an address or location specified
by Local Land Services for the service of documents of that kind.
1.24 Mining Act 1992 No 29
Section 125 Grounds of cancellation of authorities
Omit "cancelled" from section 125(2). Insert instead "retained".
1.25 Mining and Petroleum Legislation Amendment Act 2022 No 21
[1] Schedule 1 Amendment of Mining Act 1992 No 29
Omit "section 261BC(7)(b)" from Schedule 1[99], proposed section 261BB(2)(b).
Insert instead "section 261BC(7)(a)".
[2] Schedule 1[104], proposed section 261BF(2)(b)
Omit "section 261BC(7)(b)". Insert instead "section 261BC(7)(a)".
[3] Schedule 1[123], proposed section 292Y(3)
Renumber the paragraphs in Schedule 1[123], proposed section 292Y(3) as (a)-(h).
[4] Schedule 1[178], proposed Schedule 6, clause 190(2)
Omit "refuse". Insert instead "reject".
[5] Schedule 1[178], proposed Schedule 6, clause 190(2)
Omit "refusal". Insert instead "rejection".
[6] Schedule 2 Amendment of Petroleum (Onshore) Act 1991 No 84
Renumber the paragraphs in Schedule 2[30], proposed section 67(3) as (a) and (b).
[7] Schedule 2[85], proposed section 138(1)(g2)
Renumber the subparagraphs as (i) and (ii).
Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
[8] Schedule 2[86], proposed section 146(1)
Omit "refused". Insert instead "rejected".
[9] Schedule 2[86], proposed section 146(1)(d)
Omit "refusal". Insert instead "rejection".
[10] Schedule 2[91], proposed Schedule 1, clause 78(2)
Omit "refuse". Insert instead "reject".
[11] Schedule 2[91], proposed Schedule 1, clause 78(2)
Omit "refusal". Insert instead "rejection".
1.26 Natural Resources Access Regulator Act 2017 No 64
[1] Section 5 Board of Regulator
Omit "3 members" from section 5(2).
Insert instead "at least 3, but not more than 5, members".
[2] Schedule 1 Members and procedure of Board
Omit "all of the" from clause 12. Insert instead "3".
1.27 Passenger Transport Act 1990 No 39
[1] Section 63 Regulations
Insert after section 63(2)(g)(iv)--
(v) matters relating to the issue of driver authority cards to persons
authorised to drive public passenger vehicles, including
information to be displayed on the cards and the form and display
of the cards, and
[2] Section 63(2)(m)
Omit the paragraph.
1.28 Payroll Tax Act 2007 No 21
[1] Section 23 Value of shares and options
Omit "Income Tax Assessment Regulations 1997" from the note to section 23.
Insert instead "Income Tax Assessment (1997 Act) Regulations 2021".
[2] Schedule 2 NSW specific provisions
Omit "21 days" from clause 21(1). Insert instead "28 days".
1.29 Plantations and Reafforestation Act 1999 No 97
Section 69 Service of notices
Insert at the end of section 69(c)--
, or
(d) by electronic transmission to an address or location specified by the
person for the service of notices of that kind.
Page 11
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
1.30 Poppy Industry Act 2016 No 37
Section 43 Service of documents
Omit section 43(1)(e). Insert instead--
(e) by electronic transmission to an address or location specified by the
person for the service of documents of that kind,
1.31 Property and Stock Agents Act 2002 No 66
Section 196 Power to suspend licence or certificate of registration when show cause
notice served
Omit section 196(3)(a). Insert instead--
(a) the suspension relates to a failure to comply with section 111(1)--in
which case the suspension may be imposed until--
(i) the relevant records and documents are caused to be audited as
required by the subsection, and
(ii) the auditor appointed to make the audit provides a copy of the
report on the audit to the Secretary in accordance with section
116(1), or
1.32 Public Holidays Act 2010 No 115
Section 4 Standard public holidays
Omit "Queen's" from section 4(h). Insert instead "King's".
1.33 Road Transport Act 2013 No 18
[1] Section 4 Definitions
Omit section 4(1), definition GVM (gross vehicle mass), paragraphs (a) and (b).
Insert instead--
(a) as stated on the RAV for the vehicle, or
(b) if the GVM is not stated on the RAV--as stated by the vehicle's
manufacturer on an identification plate on the vehicle, or
(c) if the GVM is not stated on the RAV or on the vehicle's identification
plate, or if there is a specification on an identification plate on the
vehicle but the specification is not appropriate because the vehicle has
been modified--as certified by Transport for NSW.
[2] Section 4(1)
Insert in alphabetical order--
identification plate means a plate authorised to be placed on a vehicle, or taken
to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989
of the Commonwealth as in force immediately before its repeal.
RAV means the Register of Approved Vehicles kept under the Road Vehicle
Standards Act 2018 of the Commonwealth, section 14(1).
[3] Section 82 Definitions
Omit "compliance plate" from section 82, definition of vehicle identifier, paragraph (a).
Insert instead "identification plate, or as stated on the RAV for the vehicle,".
Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
[4] Schedule 2 Registration charges for heavy vehicles
Omit the definitions of identification plate and RAV from Schedule 2, clause 1.
1.34 Rural Assistance Act 1989 No 97
Section 51 Service of documents
Insert after section 51(2)--
(2A) A document, including a notice, may also be served on the Authority or
another person by electronic transmission to an address or location specified
by the Authority or person for the service of documents of that kind.
1.35 Stock Medicines Act 1989 No 182
[1] Section 43 Offences relating to advertising
Omit section 43(3).
[2] Section 60A Penalty notices
Omit section 60A(6). Insert instead--
(6) In this section--
authorised officer means an authorised officer under the Biosecurity Act 2015.
[3] Section 62 Service of notices
Omit section 62(a)(iii). Insert instead--
(iii) by electronic transmission to an address or location specified by
the person for the service of notices or orders of that kind, or
[4] Section 62(b)(ii)
Omit the subparagraph. Insert instead--
(ii) by electronic transmission to an address or location specified by
the body corporate for the service of notices or orders of that
kind.
1.36 Uncollected Goods Act 1995 No 68
Section 28 Relevant charges due to receiver
Insert "carriage," after "any" in section 28(1)(b).
1.37 Veterinary Practice Act 2003 No 87
[1] Section 94 How notice is to be given
Omit section 94(1)(b). Insert instead--
(b) by electronic transmission to an address or location specified by the
person for the service of notices of that kind, or
[2] Section 95 Service of documents on Board
Omit section 95(1)(b). Insert instead--
(b) by electronic transmission to an address or location specified by the
Board for the service of documents of that kind, or
Page 13
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 1 Minor amendments
1.38 Water Management Act 2000 No 92
[1] Section 43 Duration of management plans
Omit "from" wherever occurring in section 43(1). Insert instead "commencing on".
[2] Section 43(2)
Omit "Within the fifth year after it was made".
Insert instead "In the 5 years before its expiry".
[3] Section 68A Amendment of share or extraction components of access licences and
other actions by Minister
Omit "The Minister may, in such a case, grant a new access licence specifying the share
component to which the specific purpose access licence no longer applies." from section
68A(1C).
[4] Section 368 Appeals to Land and Environment Court
Insert before section 368(1)(o)--
(n1) a decision in relation to a bore driller's licence, being a decision
prescribed by the regulations for the purposes of this paragraph,
Examples-- The following kinds of decisions may be prescribed--
(a) decisions to refuse to grant a bore driller's licence,
(b) decisions to grant a bore driller's licence subject to a condition,
(c) decisions to vary a condition of a bore driller's licence,
(d) decisions to suspend or cancel a bore driller's licence.
[5] Section 400 Regulations
Insert at the end of section 400(1)(e)--
, and
(f) the regulation of vessels and works on or along the Murray River,
including the following--
(i) the regulation and control of vessels at or near locks, weirs and
other works,
(ii) the management and control of works.
[6] Dictionary
Omit ", the grant of an access licence" from the definition of Ministerial action, paragraph
(d1).
Page 14
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
Schedule 2 Amendments by way of statute law revision--
miscellaneous amendments
2.1 Bathurst Regional Local Environmental Plan 2014
Schedule 5 Environmental heritage
Omit "Gorman's Hill" wherever occurring. Insert instead "Gormans Hill".
2.2 Building and Development Certifiers Act 2018 No 63
[1] Schedule 1 Savings, transitional and other provisions
Omit "that Regulation to which the recognition related" from clause 14(1).
Insert instead "the Environmental Planning and Assessment Regulation 2021 or the
Environmental Planning and Assessment (Development Certification and Fire Safety)
Regulation 2021 that correspond to the provisions of the Environmental Planning and
Assessment Regulation 2000 to which the recognition related".
[2] Schedule 1, clause 14(5)
Omit "Environmental Planning and Assessment Regulation 2000".
Insert instead "Environmental Planning and Assessment Regulation 2021".
2.3 Casino Control Act 1992 No 15
[1] Section 136 NICC's functions
Renumber section 136(1)(a)-(b) as paragraphs (a)-(c).
[2] Schedule 1 Constitution and procedure of NICC
Renumber clause 2(1)-(2) as subclauses (1)-(3).
2.4 Cemeteries and Crematoria Act 2013 No 105
Section 132 Powers of authorised officers
Omit section 132(6).
2.5 Centennial Park and Moore Park Trust Act 1983 No 145
Section 18B Liability of vehicle owner for certain offences
Omit section 18B(6), definition of owner.
2.6 Child Protection (Working with Children) Act 2012 No 51
Section 36A Information-sharing
Omit "section 36" from section 36A(4), definition of interstate screening agency.
Insert instead "section 34".
2.7 Children's Guardian Act 2019 No 25
[1] Sections 85(2), 86(1) and (3) and 87(1)(a) and (5)
Omit "the register" wherever occurring. Insert instead "a register".
Page 15
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
[2] Sections 86(2) and 88
Omit "the register" wherever occurring.
Insert instead "the residential care workers register".
[3] Section 87, heading
Omit "register". Insert instead "registers".
[4] Section 87(4)
Omit "included on the register". Insert instead "included on a register".
[5] Section 88, heading
Omit "register". Insert instead "residential care workers register".
2.8 Contract Cleaning Industry (Portable Long Service Leave Scheme) Act
2010 No 122
Sections 38(1) and 70(1)(a)
Omit "an externally-administered body corporate" wherever occurring.
Insert instead "a Chapter 5 body corporate".
2.9 Conveyancers Licensing Act 2003 No 3
[1] Section 10 Disqualified persons
Omit "an externally-administered body corporate (within the meaning of the Corporations
Act)" wherever occurring in section 10(2)(c) and (d)(i).
Insert instead "a Chapter 5 body corporate".
[2] Section 10(2)(d)(ii), (3B)(c) and (3C)
Omit "an externally-administered body corporate" wherever occurring.
Insert instead "a Chapter 5 body corporate".
[3] Section 10(4)
Insert in alphabetical order--
Chapter 5 body corporate has the same meaning as in the Corporations Act.
2.10 Credit (Commonwealth Powers) Act 2010 No 6
[1] Schedule 3 Savings, transitional and other provisions
Omit "Director-General" wherever occurring in clause 10(1). Insert instead "Secretary".
[2] Schedule 3, clause 10(1)
Omit "Director-General's". Insert instead "Secretary's".
2.11 Dams Safety Regulation 2019
[1] Clause 20 Safety review
Insert "(a)" before "has not been involved" in clause 20(6B), definition of independent
competent person.
Page 16
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
[2] Clause 20(6B), definition of "independent competent person"
Insert "(b)" before "is independent of each".
2.12 Design and Building Practitioners Act 2020 No 7
Section 17 Compliance declarations by registered building practitioners
Omit "under subsection (1)" from section 17(6), definition of required document.
Insert instead "under this section".
2.13 Destination NSW Act 2011 No 21
Section 16 Acquisition of land
Insert "for" before "an authorised work" in section 16(2).
2.14 Disability Inclusion Act 2014 No 41
Section 6 Having regard to disability principles
Omit "Part 5". Insert instead "Part 4".
2.15 Duties Act 1997 No 123
[1] Section 104ZJA Certain development by Australian-based developers that are
foreign persons
Omit "section 109C of the Environmental Planning and Assessment Act 1979" from section
104ZJA(1)(b).
Insert instead "the Environmental Planning and Assessment Act 1979, section 6.4".
[2] Section 107 Assignment of rights under call option dutiable as transfer
Omit "exerciseable" wherever occurring. Insert instead "exercisable".
2.16 Electric Vehicles (Revenue Arrangements) Act 2021 No 25
[1] Schedule 1 Dictionary
Omit "means" from the definition of motor vehicle.
[2] Schedule 1, definition of "motor vehicle", paragraph (a)
Insert "means" before "a motor vehicle".
2.17 Electricity Supply Act 1995 No 94
Schedule 4A Energy security safeguard schemes
Omit "a a" from clause 78A(2)(b). Insert instead "a".
2.18 Environmental Planning and Assessment Act 1979 No 203
[1] Section 2.23 Community participation plans--preparation
Omit "section 402 of the Local Government Act 1993" from section 2.23(4).
Insert instead "the Local Government Act 1993, section 402A".
Page 17
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
[2] Sections 4.42(1)(b) and 5.24(1)(b)
Omit "section 15 of the Mine Subsidence Compensation Act 1961" wherever occurring.
Insert instead "the Coal Mine Subsidence Compensation Act 2017, section 22".
2.19 Fisheries Management Act 1994 No 38
[1] Section 7D Purpose of fishery management strategy
Omit "Section 115I of that Act" from the note to the section.
Insert instead "Schedule 1AA, clause 4".
[2] Section 7D, note
Omit "that Division". Insert instead "the Schedule".
2.20 Greater Sydney Parklands Trust Act 2022 No 9
Section 37 Establishment
Omit "Special" from section 37(1)(a). Insert instead "(Special".
2.21 Home Building Act 1989 No 147
[1] Sections 33B(1)(a)(xv)-(xvii) and 90(1), definition of "insolvent", paragraph (b)
Omit "an externally-administered body corporate" wherever occurring.
Insert instead "a Chapter 5 body corporate".
[2] Section 33B(1)(a)(xv)-(xvii)
Omit "other than external administration" wherever occurring.
Insert instead "other than Chapter 5 body corporate".
[3] Schedule 1 Definitions and other interpretative provisions
Omit the definition of externally-administered body corporate from clause 1(1).
Insert in alphabetical order--
Chapter 5 body corporate has the same meaning as in the Corporations Act
2001 of the Commonwealth.
2.22 Industrial Relations Advisory Council Act 2010 No 76
[1] Section 6(1)(b) and Schedule 1, clause 7(2)(b)
Omit "Director-General" wherever occurring. Insert instead "Secretary".
[2] Section 6(1)(c) and Schedule 1, clause 7(2)(c)
Omit the paragraphs.
2.23 Infrastructure NSW Act 2011 No 23
Section 34 Acquisition of land
Insert "for" before "an authorised work" in section 34(2).
Page 18
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.24 Land Tax Act 1956 No 27
Section 5C Surcharge land tax--certain development by Australian-based
developers that are foreign persons
Omit "section 109C of the Environmental Planning and Assessment Act 1979" from section
5C(1)(b).
Insert instead "the Environmental Planning and Assessment Act 1979, section 6.4".
2.25 Land Tax Management Act 1956 No 26
Section 10AA Exemption for land used for primary production
Omit "section 33A(1) of the Environmental Planning and Assessment Act 1979" from
section 10AA(4)(b).
Insert instead "the Environmental Planning and Assessment Act 1979, section 3.20".
2.26 Local Government Amendment Act 2021 No 11
Schedule 1 Amendment of Local Government Act 1993 No 30
Omit "rate the" from Schedule 1[30], proposed section 591(2). Insert instead "rate that".
2.27 Local Land Services Act 2013 No 51
Section 201 Acquisition of land
Insert "for" before "an authorised work" in section 201(2).
2.28 Long Service Leave (Metalliferous Mining Industry) Regulation 2021
Clause 4, heading
Omit "annual".
2.29 Long Service Leave Regulation 2021
Clause 4, heading
Omit "annual".
2.30 Mining Regulation 2016
Schedule 8A Standard conditions of mining leases
Omit "clause 13" from clause 2(1). Insert instead "clause 12".
2.31 Pawnbrokers and Second-hand Dealers Act 1996 No 13
Section 27 Demerit points scheme
Omit "an officer prescribed by the regulations" from section 27(6).
Insert instead "the Secretary".
2.32 Pawnbrokers and Second-hand Dealers Regulation 2021
Clause 40 Certification of number of demerit points
Omit the clause.
Page 19
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.33 Photo Card Act 2005 No 20
Section 38 Amendment of Acts
Omit the section.
2.34 Plantations and Reafforestation (Code) Regulation 2001
[1] Appendix Plantations and Reafforestation Code
Omit "Director-General" wherever occurring in clauses 11(1) and (2), 12(2) and (3),
22(2)(b), 25A(5), 26(3), 28A(1) and (2), 34(1)(b)(i), 41F(7), 47(2), 54, 55(1)(c) and 62(2).
Insert instead "Secretary".
[2] Appendix, Dictionary
Omit the definition of Director-General.
[3] Appendix, Dictionary
Insert in alphabetical order--
Secretary means the Secretary of the Department.
2.35 Property and Stock Agents Act 2002 No 66
[1] Section 16 Disqualified persons
Omit "an externally-administered body corporate (within the meaning of the Corporations
Act)" wherever occurring in section 16(1A)(c) and (d)(i).
Insert instead "a Chapter 5 body corporate".
[2] Section 16(1A)(d)(ii), (2B)(c) and (2C)
Omit "an externally-administered body corporate" wherever occurring.
Insert instead "a Chapter 5 body corporate".
[3] Section 16(3)
Insert after section 16(2D)--
(3) In this section--
Chapter 5 body corporate has the same meaning as in the Corporations Act.
2.36 Protection of the Environment Operations (General) Regulation 2022
Section 146 Definitions
Omit "perfluroalkyl carbons" from the definition of long-chain PFAS, paragraph (a).
Insert instead "perfluoroalkyl carbons".
2.37 Public Interest Disclosures Act 1994 No 92
Section 6A Steering Committee
Omit "Director-General" wherever occurring in section 6A. Insert instead "Secretary".
Page 20
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.38 Public Spaces (Unattended Property) Act 2021 No 38
[1] Section 12 When authorised officers have "possession" of property
Omit "has possession of property" from section 12(1).
[2] Section 12(1)(a)
Insert "has possession of property" before "as soon as".
[3] Section 18 Authorised officers may take possession of unattended animals
Omit "items" from section 18(3)(b). Insert instead "animals".
2.39 Retail Trading Act 2008 No 49
Section 8B COVID-19 pandemic--supermarkets exempt from trading restrictions on
certain public holidays in 2020
Omit the section.
2.40 Retirement Villages Act 1999 No 81
[1] Section 57 Certain persons not to be operators
Omit "an externally-administered body corporate" wherever occurring in section 57(2)(b)
and (3A).
Insert instead "a Chapter 5 body corporate".
[2] Section 57(4)
Omit "externally-administered body corporate".
Insert instead "Chapter 5 body corporate".
2.41 Road Transport (Vehicle Registration) Regulation 2017
[1] Clause 74 Notification of decisions by TfNSW
Omit "2021" " from clause 74(2)(b). Insert instead "2021".
[2] Clause 96 Service of notices under Part
Omit "2021" " from clause 96, note. Insert instead "2021".
[3] Clause 141 Application of Road Transport (General) Regulation 2021, Part 4 and
clause 163
Omit "2021" " from clause 141(1). Insert instead "2021".
2.42 Rural Fires Regulation 2022
Schedule 2 Penalty notice offences
Omit the matter relating to sections 108(3), 116(5), 117C(4), 117D(1) and 117E(4).
2.43 Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Section 7 Assessors
Omit "Director-General" from section 7(1)(a). Insert instead "Secretary".
Page 21
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.44 Strata Schemes Management Act 2015 No 50
Schedule 3 Savings, transitional and other provisions
Omit clause 18.
2.45 Subordinate Legislation Act 1989 No 146
Section 11 Governor may postpone repeal by order
Omit "regulations" from section 11(6). Insert instead "statutory rules".
2.46 Sydney Olympic Park Authority Act 2001 No 57
Section 25 Powers of enforcement
Omit "Part 6 of the Environmental Planning and Assessment Act 1979".
Insert instead "the Environmental Planning and Assessment Act 1979, Part 9".
2.47 Transport Administration Act 1988 No 109
Sections 12(3), 35F(3), 36E(3) and 37E(3)
Insert "for" before "an authorised work" wherever occurring.
2.48 Warringah Local Environmental Plan 2011
Clause 4.6 Exceptions to development standards
Relocate clause 4.6(8)(d) after clause 4.6(8)(caa).
2.49 Water Management Act 2000 No 92
Section 94
Omit "Planning Assessment Commission" wherever occurring.
Insert instead "Independent Planning Commission of New South Wales".
2.50 Water Sharing Plan for the Hunter Unregulated and Alluvial Water
Sources 2022
[1] Section 63 Metering conditions
Renumber section 63(3)(i)-(iii) as paragraphs (a)-(c).
[2] Section 68 Amendments
Insert "(1)" before "This Plan may be amended as".
Page 22
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
Schedule 3 Amendments by way of statute law revision--
amendments relating to machinery of
government changes
3.1 Associations Incorporation Act 2009 No 7
Section 4 Definitions
Omit "Department of Finance, Services and Innovation" from section 4(1), definition of
Department and definition of Secretary, paragraph (a).
Insert instead "Department of Customer Service".
3.2 Betting and Racing Act 1998 No 114
Sections 6(2)(d), 26G-26GB and 34(2)
Omit "Department of Customer Service" wherever occurring.
Insert instead "Department of Enterprise, Investment and Trade".
3.3 Boarding Houses Act 2012 No 74
[1] Sections 4(1), definition of "Commissioner", 7(3), 15(2) and 27(2)
Omit "Department of Finance, Services and Innovation" wherever occurring.
Insert instead "Department of Customer Service".
[2] Sections 4(1), definition of "Secretary", 35(2), 66(2), 85(2), 86(1)(b) and (3)(b) and 88
Omit "Department of Family and Community Services" wherever occurring.
Insert instead "Department of Communities and Justice".
3.4 Boarding Houses Regulation 2013
Clause 3 Definitions
Omit "Department of Family and Community Services" from clause 3(1), definition of
Department.
Insert instead "Department of Communities and Justice".
3.5 Building and Construction Industry Long Service Payments Act 1986
No 19
Section 3 Definitions
Omit "Department of Finance, Services and Innovation" from section 3(1), definition of
Chief Executive Officer.
Insert instead "Department of Customer Service".
3.6 Building and Construction Industry Security of Payment Act 1999 No
46
Sections 4(1), definition of "Secretary", and 32C(1), definition of "authorised officer",
and (2)
Omit "Department of Finance, Services and Innovation" wherever occurring.
Page 23
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
Insert instead "Department of Customer Service".
3.7 Building Products (Safety) Act 2017 No 69
Sections 3(1), definition of "Secretary", and 75(1)(a)
Omit "Department of Finance, Services and Innovation" wherever occurring.
Insert instead "Department of Customer Service".
3.8 Casino Control Act 1992 No 15
Section 3 Definitions
Omit "Department of Customer Service" from section 3(1), definition of Secretary.
Insert instead "Department of Enterprise, Investment and Trade".
3.9 Casino Control Regulation 2019
Clause 3 Definitions
Omit "Department of Customer Service" from section 3(1), definition of Liquor & Gaming
NSW and definition of Secretary.
Insert instead "Department of Enterprise, Investment and Trade".
3.10 Charitable Fundraising Act 1991 No 69
[1] Section 4 Definitions
Omit "Department of Finance, Services and Innovation" from section 4(1), definition of
Department.
Insert instead "Department of Customer Service".
[2] Section 4(1), definition "Secretary"
Omit the definition. Insert instead--
Secretary means--
(a) the Commissioner for Fair Trading, Department of Customer Service,
or
(b) if there is no person employed as Commissioner for Fair Trading--the
Secretary of the Department.
[3] Section 41T Exclusion of personal liability
Omit "of the Department of Finance, Services and Innovation" from section 41T(1)(b).
3.11 Coal Mine Subsidence Compensation Act 2017 No 37
Section 4 Definitions
Omit "Department of Finance, Services and Innovation" from section 4(1), definition of
Department.
Insert instead "Department of Customer Service".
Page 24
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
3.12 Community Gaming Act 2018 No 60
Section 4 Definitions
Omit "Department of Finance, Services and Innovation" from section 4(1), definition of
Department, and definition of Secretary, paragraph (a).
Insert instead "Department of Customer Service".
3.13 Contract Cleaning Industry (Portable Long Service Leave Scheme) Act
2010 No 122
Section 3 Definitions
Omit "Department of Finance, Services and Innovation" from section 3(1), definition of
Secretary.
Insert instead "Department of Customer Service".
3.14 Conveyancers Licensing Act 2003 No 3
[1] Section 3 Definitions
Omit "Department of Finance, Services and Innovation" from the definition of
Department, and definition of Secretary, paragraph (a).
Insert instead "Department of Customer Service".
[2] Section 3, definition of "Secretary", paragraph (b)
Omit "of Finance, Services and Innovation".
3.15 Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11
Sections 29(1), 43(14) and 47A
Omit "Department of Finance, Services and Innovation" wherever occurring.
Insert instead "Department of Customer Service".
3.16 Co-operatives (Adoption of National Law) Act 2012 No 29
Section 3 Definitions
Omit "Department of Finance, Services and Innovation" wherever occurring in section
3(2), definition of Secretary.
Insert instead "Department of Customer Service".
3.17 Credit (Commonwealth Powers) Act 2010 No 6
Schedule 3 Savings, transitional and other provisions
Omit "Department of Finance and Services" from clause 10(1).
Insert instead "Department of Customer Service".
3.18 Dangerous Goods (Road and Rail Transport) Act 2008 No 95
Section 71 Delegation
Omit "Department of Finance, Services and Innovation" from section 71(2).
Page 25
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
Insert instead "Department of Customer Service".
3.19 Destination NSW Act 2011 No 21
Section 7 Establishment of Board of Management
Omit "Department of Industry" from section 7(2)(d).
Insert instead "Department of Enterprise, Investment and Trade".
3.20 Entertainment Industry Act 2013 No 73
Sections 4(1), definition of "Secretary", 31(1), 36(a) and 41(1)
Omit "Treasury" wherever occurring.
Insert instead "Department of Customer Service".
3.21 Explosives Regulation 2013
Clauses 6, 102(2), definition of "relevant authority", paragraph (c) and note and
103(1), note
Omit "Department of Planning and Environment" wherever occurring.
Insert instead "Department of Regional NSW".
3.22 Fair Trading Act 1987 No 68
[1] Section 4 Definitions
Omit "Department of Finance, Services and Innovation" from section 4(1), definition of
Department, and definition of Secretary, paragraph (a).
Insert instead "Department of Customer Service".
[2] Section 4(1), definition of "Secretary", paragraph (b)
Omit "of Finance, Services and Innovation".
3.23 Film and Television Industry Act 1988 No 18
Section 3 Definitions
Omit "Department of Trade and Investment, Regional Infrastructure and Services" from
section 3(1), definition of Department.
Insert instead "Department of Enterprise, Investment and Trade".
3.24 Food Act 2003 No 43
Section 110 Definitions
Omit "Chief Executive of the Office of Environment and Heritage" from the definition of
relevant body.
Insert instead "Secretary of the Department of Planning and Environment".
Page 26
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
3.25 Funeral Funds Act 1979 No 106
[1] Section 4 Definitions
Omit "Department of Finance, Services and Innovation" from section 4(1), definition of
Department, and definition of Secretary, paragraph (a).
Insert instead "Department of Customer Service".
[2] Section 4(1), definition of "Secretary", paragraph (b)
Omit "of Finance, Services and Innovation".
3.26 Gaming and Liquor Administration Act 2007 No 91
Section 3 Definitions
Omit "Department of Customer Service" from section 3(1), definition of Department.
Insert instead "Department of Enterprise, Investment and Trade".
3.27 Gaming and Liquor Administration Regulation 2016
[1] Schedule 1 Persons and bodies to whom information may be divulged
Omit "Deputy Secretary, Liquor, Gaming and Racing Division, Department of Customer
Service" from item 1.
Insert instead "Chief Executive Officer of Hospitality and Racing, Department of
Enterprise, Investment and Trade".
[2] Schedule 1, item 1
Omit "Liquor & Gaming NSW, Department of Customer Service".
Insert instead "the Department of Enterprise, Investment and Trade".
3.28 Gaming Machines Act 2001 No 127
Sections 4(1), definition of "Secretary" and 48(5)
Omit "Department of Customer Service" wherever occurring.
Insert instead "Department of Enterprise, Investment and Trade".
3.29 Gaming Machines Regulation 2019
Clause 3 Definitions
Omit "Department of Customer Service" from clause 3(1), definition of Liquor & Gaming
NSW.
Insert instead "Department of Enterprise, Investment and Trade".
3.30 Gas and Electricity (Consumer Safety) Act 2017 No 15
[1] Section 4 Definitions
Omit "Department of Finance, Services and Innovation" from section 4(1), definition of
Department, and definition of Secretary, paragraph (a).
Insert instead "Department of Customer Service".
Page 27
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
[2] Section 38AC Metering safety management system requirements
Omit "the Department of Planning, Industry and Environment" from section 38AC(6),
definition of Code for Safe Meter Installation.
Insert instead "Treasury".
[3] Section 44 Arrangements with other public authorities regarding certain investigable
incidents
Omit "Department of Planning, Industry and Environment" from section 44(5), definition
of Energy Secretary.
Insert instead "Treasury".
3.31 Gas and Electricity (Consumer Safety) Regulation 2018
Clause 34 Standards and requirements for electrical installation work
Omit "by the Resources and Energy Division of the Department of Planning and
Environment" from the note to clause 34(3).
Insert instead "on the energy.nsw.gov.au website".
3.32 Government Information (Public Access) Regulation 2018
[1] Schedule 3 Agencies declared to be part of other agencies
Insert in alphabetical order in the table--
Sydney Olympic Park Authority Department of Planning and Environment
[2] Schedule 3, table
Omit the Parent agency for each Subsidiary agency listed in Column 1 below.
Insert instead the Parent agency listed in Column 2.
Column 1 Column 2
Advisory committee established under the Department of Regional NSW
Food Act 2003
Advisory committee established under the Department of Planning and Environment
National Parks and Wildlife Act 1974
Advisory committee established under the Department of Planning and Environment
Protection of the Environment
Administration Act 1991
Agricultural industry services committee Department of Regional NSW
constituted by the Agricultural Industry
Services Act 1998
Agricultural Scientific Collections Trust Department of Regional NSW
Animal Research Review Panel Department of Regional NSW
Belgenny Farm Agricultural Heritage Department of Regional NSW
Centre Trust
Biodiversity Conservation Trust of New Department of Planning and Environment
South Wales
Page 28
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
Column 1 Column 2
Border Fence Maintenance Board Department of Regional NSW
Botany Cemetery Trust Department of Planning and Environment
Cape Byron State Conservation Area Trust Department of Planning and Environment
Committee of inquiry established under the Department of Planning and Environment
Energy and Utilities Administration Act
1987
Dumaresq-Barwon Border Rivers Department of Planning and Environment
Commission
Energy Corporation Department of Planning and Environment
Environmental Trust Department of Planning and Environment
Exhibited Animals Advisory Committee Department of Regional NSW
Heritage Council of New South Wales Department of Planning and Environment
Library Council of New South Wales Department of Premier and Cabinet
Local Government Boundaries Commission Department of Planning and Environment
Local Government Grants Commission Department of Planning and Environment
Mining and Petroleum Competence Board Department of Regional NSW
National Parks and Wildlife Advisory Department of Planning and Environment
Council
New South Wales Biological Control Department of Regional NSW
Authority
New South Wales Innovation and Treasury
Productivity Council
New South Wales Land and Housing Department of Planning and Environment
Corporation
New South Wales Rural Assistance Department of Regional NSW
Authority
NSW Coastal Council Department of Planning and Environment
NSW Food Authority Department of Regional NSW
NSW Skills Board Department of Education
Parramatta Park Trust Department of Planning and Environment
Review panel under the Gas Supply Act Department of Planning and Environment
1996
Small Business Commissioner Treasury
Trust established in respect of a common Department of Planning and Environment
under the Commons Management Act 1989
Trustees of the Farrer Memorial Research Department of Regional NSW
Scholarship Fund
3.33 Greyhound Racing Regulation 2019
Clause 24 Delegation by Minister
Omit "Department of Customer Service".
Insert instead "Department of Enterprise, Investment and Trade".
Page 29
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
3.34 Heritage Regulation 2012
Clauses 8 and 22(4)
Omit "Director-General of the Department of Premier and Cabinet (or a delegate of the
Director-General)" wherever occurring.
Insert instead "Secretary of the Department of Planning and Environment or a delegate of
the Secretary".
3.35 Holiday Parks (Long-term Casual Occupation) Act 2002 No 88
Section 3 Definitions
Omit "Department of Finance, Services and Innovation" from section 3(1), definition of
Secretary, paragraphs (a) and (b).
Insert instead "Department of Customer Service".
3.36 Home Building Act 1989 No 147
Sections 48D(1), 114(1), 119(b), 128(1)(a), 131(1) and Schedule 1, clause 1(1),
definition of "Secretary"
Omit "Department of Finance, Services and Innovation" wherever occurring.
Insert instead "Department of Customer Service".
3.37 Home Building Regulation 2014
Clause 59 Exemptions from insurance for certain community care work funded by
State or Commonwealth government
Omit "Department of Family and Community Services" from clause 59(1).
Insert instead "Department of Communities and Justice".
3.38 Innovation and Productivity Council Act 1996 No 77
Section 3 Definitions
Omit "Department of Industry, Skills and Regional Development" from the definition of
Department.
Insert instead "Department of Enterprise, Investment and Trade".
3.39 Liquor Act 2007 No 90
Sections 4(1), definition of "Secretary", 116C(4) and 144F
Omit "Department of Customer Service" wherever occurring.
Insert instead "Department of Enterprise, Investment and Trade".
3.40 Liquor Regulation 2018
[1] Clause 3 Definitions
Omit "Department of Customer Service" from clause 3(1), definition of Liquor & Gaming
NSW.
Insert instead "Department of Enterprise, Investment and Trade".
Page 30
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
[2] Clauses 53(4) and 55(c)
Omit ", Department of Customer Service" wherever occurring.
3.41 Long Service Corporation Act 2010 No 123
Section 3 Definitions
Omit "Department of Finance, Services and Innovation" from section 3(1), definition of
Secretary.
Insert instead "Department of Customer Service".
3.42 Mine and Petroleum Site Safety (Cost Recovery) Act 2005 No 116
Section 3 Definitions
Omit "Department of Planning and Environment" from section 3(1), definition of
Department.
Insert instead "Department of Regional NSW".
3.43 Motor Dealers and Repairers Regulation 2014
Clause 56 Penalty notice officers
Omit "Office of Finance and Services" from clause 56(1)(a).
Insert instead "Department of Customer Service".
3.44 Motor Vehicle Sports (Public Safety) Act 1985 No 24
Sections 13(1)(a) and 16(2)(b)
Omit "Department of Sport and Recreation" wherever occurring.
Insert instead "Department of Enterprise, Investment and Trade".
3.45 Music Festivals Act 2019 No 17
Section 19A Protection from personal liability
Omit "Department of Customer Service" from section 19A(3), definition of protected
person, paragraph (b).
Insert instead "Department of Enterprise, Investment and Trade".
3.46 National Parks and Wildlife Act 1974 No 80
[1] Section 5 Definitions
Omit "Department of Planning, Industry and Environment" from section 5(1), definition of
Department.
Insert instead "Department of Planning and Environment".
[2] Section 5(1), definition "DPC Secretary"
Omit the definition.
[3] Section 21 Delegation
Omit "or the DPC Secretary" from section 21(3)(c)(viii).
Page 31
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
[4] Sections 85, heading and 90C(3)(b)
Omit "DPC Secretary's" wherever occurring. Insert instead "Secretary's".
[5] Sections 85, 85A(1), 87, 88-90D, 90F-90I, 90K-90M, 90Q and 90R
Omit "DPC Secretary" wherever occurring. Insert instead "Secretary".
3.47 National Parks and Wildlife Regulation 2019
[1] Clauses 59, 60, 62 and 83(1)
Omit "DPC Secretary" wherever occurring. Insert instead "Secretary".
[2] Clause 60(4)(d)
Omit "DPC Secretary's". Insert instead "Secretary's".
3.48 Paintball Act 2018 No 44
[1] Section 3 Definitions
Omit "Department of Finance, Services and Innovation" from section 3(1), definition of
Department and definition of Secretary, paragraph (a).
Insert instead "Department of Customer Service".
[2] Section 3(1), definition of "Secretary", paragraph (b)
Omit "of Finance, Services and Innovation".
3.49 Partnership Act 1892 No 12
Section 49 Definitions
Omit "Department of Finance, Services and Innovation" from the definition of Registrar,
paragraphs (a) and (b).
Insert instead "Department of Customer Service".
3.50 Pawnbrokers and Second-hand Dealers Act 1996 No 13
Sections 3(1), definition of "Secretary" and 39A(a)
Omit "Department of Finance, Services and Innovation" wherever occurring.
Insert instead "Department of Customer Service".
3.51 Plantations and Reafforestation Act 1999 No 97
[1] Section 4 Definitions
Omit "Department of Planning, Industry and Environment" from section 4(1), definition of
Department.
Insert instead "Department of Regional NSW".
[2] Section 15 Provisions relating to threatened species conservation
Omit "Director-General of National Parks and Wildlife" wherever occurring in section
15(4)(a) and (5).
Insert instead "Secretary of the Department of Planning and Environment".
Page 32
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
3.52 Plantations and Reafforestation (Code) Regulation 2001
Appendix, Dictionary
Omit "Department of Land and Water Conservation" from the definition of Department.
Insert instead "Department of Regional NSW".
3.53 Plumbing and Drainage Act 2011 No 59
Section 3 Definitions
Omit "Department of Finance, Services and Innovation" wherever occurring in section
3(1), definition of plumbing regulator.
Insert instead "Department of Customer Service".
3.54 Property and Stock Agents Act 2002 No 66
[1] Section 3 Definitions
Omit "Department of Finance, Services and Innovation" from section 3(1), definition of
Department, and definition of Secretary, paragraph (a).
Insert instead "Department of Customer Service".
[2] Section 3(1), definition of "Secretary", paragraph (b)
Omit "of Finance, Services and Innovation".
3.55 Public Lotteries Act 1996 No 86
Section 81 Delegation
Omit "Department of Customer Service" from section 81(2).
Insert instead "Department of Enterprise, Investment and Trade".
3.56 Public Lotteries Regulation 2016
Clause 3 Definitions
Omit "Department of Customer Service" from clause 3(1), definition of Liquor & Gaming
NSW, and definition of Secretary.
Insert instead "Department of Enterprise, Investment and Trade".
3.57 Registered Clubs Act 1976 No 31
Section 4 Definitions
Omit "Department of Customer Service" from section 4(1), definition of Secretary.
Insert instead "Department of Enterprise, Investment and Trade".
3.58 Registered Clubs Regulation 2015
Clause 3(1), definition of "Department" and Schedule 2, clause 2(1), definition of
"departmental Secretary"
Omit "Department of Customer Service" wherever occurring.
Insert instead "Department of Enterprise, Investment and Trade".
Page 33
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
3.59 Residential (Land Lease) Communities Act 2013 No 97
[1] Section 4 Definitions
Omit "Department of Finance, Services and Innovation" wherever occurring in section
4(1), definition of Commissioner.
Insert instead "Department of Customer Service".
[2] Section 20 Evidential provisions concerning Register
Omit "Department of Finance, Services and Innovation" from section 20(2).
Insert instead "Department of Customer Service".
3.60 Residential Tenancies Act 2010 No 42
[1] Sections 3(1), definition of "Department", and 178(1)(a) and (2)
Omit "Department of Finance, Services and Innovation" wherever occurring.
Insert instead "Department of Customer Service".
[2] Section 3(1), definition of "Secretary"
Omit the definition. Insert instead--
Secretary means--
(a) the Commissioner for Fair Trading, Department of Customer Service,
or
(b) if there is no person employed as Commissioner for Fair Trading--the
Secretary of the Department.
[3] Sections 160(2)(a), 164(4), 165(3), 171 and 178(1)(b)
Omit "Department of Family and Community Services" wherever occurring.
Insert instead "Department of Communities and Justice".
3.61 Retail Leases Act 1994 No 46
Section 3 Definitions
Omit "Treasury" from section 3(1), definition of Department.
Insert instead "Department of Customer Service".
3.62 Retail Trading Act 2008 No 49
Sections 3(1), definitions of "Departmental website" and "Secretary" and 20(a)
Omit "Department of Finance, Services and Innovation" wherever occurring.
Insert instead "Department of Customer Service".
3.63 Retirement Villages Act 1999 No 81
Section 4 Definitions
Omit "Department of Finance, Services and Innovation" wherever occurring in section
4(1), definition of Secretary.
Insert instead "Department of Customer Service".
Page 34
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 3 Amendments by way of statute law revision--amendments relating to machinery of government
changes
3.64 Stock Medicines Act 1989 No 182
Schedule 2 Savings, transitional and other provisions
Omit "Department of Industry, Skills and Regional Development" from clause 21(4).
Insert instead "Department of Regional NSW".
3.65 Strata Schemes Management Act 2015 No 50
[1] Section 4 Definitions
Omit "Department of Finance, Services and Innovation" from section 4(1), definition of
Department, and definition of Secretary, paragraph (a).
Insert instead "Department of Customer Service".
[2] Section 4(1), definition of "Secretary", paragraph (b)
Omit "of Finance, Services and Innovation".
3.66 Swimming Pools Act 1992 No 49
Sections 3(1), definition of "Secretary" and 27(1)(b)
Omit "Department of Finance, Services and Innovation" wherever occurring.
Insert instead "Department of Customer Service".
3.67 Totalizator Act 1997 No 45
Section 115 Delegation
Omit "Department of Customer Service" from section 115(2).
Insert instead "Department of Enterprise, Investment and Trade".
3.68 Tow Truck Industry Act 1998 No 111
Section 3 Definitions
Omit "Department of Finance, Services and Innovation" from section 3(1), definition of
Department.
Insert instead "Department of Customer Service".
3.69 Work Health and Safety Act 2011 No 10
[1] Section 4, definition of "member of staff", paragraph (a) and Schedule 2, clause
1(1)(a) and (2)
Omit "Department of Finance, Services and Innovation" wherever occurring.
Insert instead "Department of Customer Service".
[2] Section 4, definition of "member of staff", paragraph (b)
Omit "Department of Planning and Environment".
Insert instead "Department of Regional NSW".
Page 35
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 4 Repeals
Schedule 4 Repeals
Repeal of redundant Act and instrument
The following Act and instrument are repealed--
Instrument Provisions repealed
Stock Medicines Amendment Act 2004 No 89 Whole instrument
City of Sydney Regulation 2016 Whole instrument
Page 36
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 5 General savings, transitional and other provisions
Schedule 5 General savings, transitional and other
provisions
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 to an amending provision contained in an Act or
instrument is, if the amending provision has commenced before the Schedule 1
amendment, taken to have effect as from the commencement of the amending
provision, whether or not the amending provision has been repealed.
(2) In this section--
amending provision means a provision of an Act or instrument that makes a direct
amendment to an Act or instrument by--
(a) the repeal or omission of matter contained in the amended Act or instrument
without the insertion of matter instead of the repealed or omitted matter, or
(b) the omission of matter contained in the amended Act or instrument and the
insertion of matter instead of the omitted matter, or
(c) the insertion into the amended Act or instrument of matter, not being matter
inserted instead of matter omitted from the Act or instrument.
2 Effect of amendment or repeal on acts done or decisions made
Unless expressly provided to the contrary, if this Act--
(a) amends a provision of an Act or an instrument, or
(b) repeals and re-enacts, with or without modification, a provision of an Act or
an instrument,
an act done or decision made under the provision amended or repealed has effect
after the amendment or repeal as if it had been done or made under the provision as
amended or repealed.
3 Effect of amendment on instruments
Unless expressly provided to the contrary, an instrument made under an Act
amended by this Act, that is in force immediately before the commencement of the
amendment, is taken to have been made under the Act as amended.
4 Revocation of repeal
The Interpretation Act 1987, section 29A applies to the repeal of Acts or instruments,
or provisions of Acts or instruments, by this Act.
5 Regulations
(1) The Governor may make regulations containing provisions of a savings or
transitional nature consequent on the enactment of this Act.
(2) The provisions may, if the regulations so provide, take effect from the date of assent
to this Act or a later date.
(3) To the extent to which the provisions take effect from a date that is earlier than the
date of its publication on the NSW legislation website, the provision does not
operate--
(a) to affect, in a way prejudicial to a person, other than the State or an authority
of the State, the rights of the person existing before the date of its publication,
or
Page 37
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 [NSW]
Schedule 5 General savings, transitional and other provisions
(b) to impose liabilities on a person, other than the State or an authority of the
State, in respect of anything done or omitted to be done before the date of its
publication.
Page 38
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