Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are as follows:

(a) to amend the Crimes (Sentencing Procedure) Act 1999 to require a retired
Magistrate to be appointed as a member of the New South Wales Sentencing
Council,

(b) to amend the Director of Public Prosecutions Act 1986 to provide for the
superannuation entitlements of a Director who is appointed to that office
following a period of service as a judge,

(c) to amend the Land and Environment Court Act 1979:

        (i) to provide for the allocation of certain jurisdiction of the Court to
particular classes of the Court's jurisdiction, and
        (ii) to enable certain proceedings brought under the Environmental
Planning and Assessment Act 1979 and Trees (Disputes Between
Neighbours) Act 2006 to be dealt with by means of on-site hearings,

(d) to make an amendment to the Environmental Planning and Assessment
Regulation 2000 that is consequential on the amendments made to the Land
and Environment Court Act 1979,

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Explanatory note page 2

Courts and Other Legislation Amendment Bill 2011
Explanatory note

(e) to amend the Law Reform Commission Act 1967 to require reports of the
Commission to be tabled in Parliament within 14 sitting days of their receipt
by the Minister,

(f) to amend the NSW Trustee and Guardian Act 2009 to confirm the meaning of
certain definitions,

(g) to amend the Privacy and Personal Information Protection Act 1998 to
provide for the Office of the Sheriff of New South Wales to be a law
enforcement agency for the purposes of that Act,

(h) to amend the Surrogacy Act 2010 to make the registration (as opposed to
simply the notification) of the birth of a child a precondition for the making of
a parentage order under that Act,
        (i) to make amendments to the Trustee Companies Act 1964 that are
consequential on recent amendments made to the Corporations Act 2001 of
the Commonwealth.

The amendments to each of these Acts and the Regulation are explained in detail in
the explanatory note relating to the Act or Regulation concerned set out in
Schedule 1.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 makes it clear that the explanatory notes contained in Schedule 1 do not
form part of the proposed Act.

Schedule 1 Amendment of legislation
Schedule 1 contains the amendments to various Acts and the Regulation referred to
in the Overview.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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