New South Wales Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (NO 2) 2019





                               New South Wales




Statute Law (Miscellaneous Provisions) Bill
(No 2) 2019
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--miscellaneous
                 amendments                                                   16
Schedule 3       General savings, transitional and other provisions           24
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,                                   , 2019




                                    New South Wales




Statute Law (Miscellaneous Provisions) Bill
(No 2) 2019

Act No        , 2019



An Act to amend certain 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) 2019 [NSW]




The Legislature of New South Wales enacts--
  1   Name of Act
               This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2019.
  2   Commencement
         (1)   This Act commences 14 days after the date of assent to this Act, except as provided
               by this section.
         (2)   The amendments made by Schedule 1 to this Act commence on the day or days
               specified in that Schedule in relation to the amendments concerned. If a
               commencement day is not specified in relation to an amendment, the amendment
               commences in accordance with subsection (1).
  3   Explanatory notes
               The matter appearing under the heading "Explanatory note" in any of the Schedules
               does not form part of this Act.




Page 2
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



Schedule 1              Minor amendments
1.1 Betting and Racing Act 1998 No 114
      Section 34 Delegation
      Insert at the end of the section--
              (2)    The Secretary of the Department of Customer Service may delegate the
                     exercise of any function of the Secretary under this Act (other than this power
                     of delegation) to--
                     (a) any person employed in the Public Service, or
                     (b) any person, or any class of persons, authorised for the purposes of this
                            subsection by the regulations.
      Explanatory note
      The proposed amendment enables the Secretary of the Department of Customer Service to delegate
      to a person employed in the Public Service or authorised by the regulations the Secretary's functions
      under the Betting and Racing Act 1998 relating to bookmakers' returns, the appointment of
      inspectors, and related investigation and enforcement powers.

1.2 Births, Deaths and Marriages Registration Act 1995 No 62
[1]   Section 4(1)
      Omit the definition of doctor.
[2]   Sections 12(3)(a) and (b) and 39(1)(b)
      Omit "doctor's" wherever occurring. Insert instead "registered medical practitioner's".
[3]   Sections 12(3)(b), (4) and (5), 38(1)(a) and 39
      Omit "doctor" wherever occurring. Insert instead "registered medical practitioner".
[4]   Section 32C Application must be accompanied by declarations by doctors
      Omit section 32C(a). Insert instead--
                   (a) 2 statutory declarations verifying that the person the subject of the
                        application has undergone a sex affirmation procedure, and
[5]   Section 32C(2)
      Insert at the end of section 32C--
              (2)    A statutory declaration required under subsection (1)(a) must be by--
                     (a) a registered medical practitioner, or
                     (b) a person authorised to practise medicine by a law of a jurisdiction
                           outside Australia.
[6]   Section 32DB Documents to accompany application to register change of sex
      Omit section 32DB(a). Insert instead--
                   (a) 2 statutory declarations verifying that the person the subject of the
                       application has undergone a sex affirmation procedure, and
[7]   Section 32DB(2)
      Insert at the end of section 32DB--
              (2)    A statutory declaration required under subsection (1)(a) must be by--


Page 3
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



                     (a)   a registered medical practitioner, or
                     (b)   a person authorised to practise medicine by a law of a jurisdiction
                           outside Australia.
      Explanatory note
      The Births, Deaths and Marriages Registration Act 1995 defines a doctor to be "a registered medical
      practitioner". Item [1] of the proposed amendments omits this redundant definition. Items [2] and [3]
      replace references in that Act to "doctor" with "registered medical practitioner".
      Items [4]-[7] permit overseas qualified doctors to provide the Registrar of Births, Deaths and
      Marriages statutory declarations verifying that a person applying for the registration of the person's
      change of sex has undergone a sex affirmation procedure. Currently, statutory declarations may only
      be provided by Australian registered medical practitioners.

1.3 Births, Deaths and Marriages Registration Regulation 2017
[1]   Clause 10 Application to alter Register to record change of sex
      Omit "section 32C(b)". Insert instead "section 32C(1)(b)".
[2]   Clause 10(a)
      Omit the paragraph. Insert instead--
                   (a) a signed statement by each registered medical practitioner or authorised
                        person who makes a statutory declaration under section 32C(1)(a) of the
                        Act declaring that the registered medical practitioner or authorised
                        person sighted proof of the identity of the person the subject of the
                        application when making the statutory declaration,
[3]   Clause 11 Application to register change of sex
      Omit "section 32DB(b)". Insert instead "section 32DB(1)(b)".
[4]   Clause 11(a)
      Omit the paragraph. Insert instead--
                   (a) a signed statement by each registered medical practitioner or authorised
                        person who makes a statutory declaration under section 32DB(1)(a) of
                        the Act declaring that the registered medical practitioner or authorised
                        person sighted proof of the identity of the person the subject of the
                        application when making the statutory declaration,
      Explanatory note
      The proposed amendments are consequential on proposed amendments to the Births, Deaths and
      Marriages Registration Act 1995 made in Schedule 1.2.

1.4 Children and Young Persons (Care and Protection) Act 1998 No 157
[1]   Section 168 Access to personal information
      Insert after section 168(3)--
              (4)   This section extends to any person who was under the parental responsibility
                    of the Minister or the Secretary, however expressed, under the repealed
                    Children (Care and Protection) Act 1987, the repealed Child Welfare Act 1939
                    or any other repealed Act.
                    Note. Under the repealed Acts, a person under the parental responsibility of the
                    Minister or the Secretary may have been referred to as a ward of the State, a person
                    under guardianship of the Minister or the Secretary or a person in foster care.

[2]   Section 169 Entitlement to certain documents
      Insert at the end of the section--


Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



              (2)   This section extends to any person who was under the parental responsibility
                    of the Minister or the Secretary, however expressed, under the repealed
                    Children (Care and Protection) Act 1987, the repealed Child Welfare Act 1939
                    or any other repealed Act.
                     Note. Under the repealed Acts, a person under the parental responsibility of the
                     Minister or the Secretary may have been referred to as a ward of the State, a person
                     under guardianship of the Minister or the Secretary or a person in foster care.
      Commencement
      The amendments to the Children and Young Persons (Care and Protection) Act 1998 commence on
      the date of assent to this Act.
      Explanatory note
      The proposed amendments make it clear that any person who has left statutory out-of-home care,
      regardless of the term used to describe that care or when the person left out-of-home care, is entitled
      to access and possess personal information held by a designated agency, the person's authorised
      carer or the Secretary of the Department of Communities and Justice.

1.5 Co-operatives (Adoption of National Law) Act 2012 No 29
      Section 18 Local regulations
      Insert at the end of section 18(2)(c)--
                           , and
                     (d) the fees to be paid in respect of matters arising under this Act, the
                           Co-operatives National Law (NSW) or the Co-operatives National
                           Regulations (NSW).
      Explanatory note
      The proposed amendment allows the making of regulations under the Co-operatives (Adoption of
      National Law) Act 2012 in relation to the fees payable in respect of matters arising under that Act, the
      Co-operatives National Law (NSW) and the Co-operatives National Regulations (NSW).

1.6 Fair Trading Legislation Amendment (Reform) Act 2018 No 65
      Schedule 8 Amendments relating to approval of forms
      Omit "Secretary" from Schedule 8.4[2]. Insert instead "Authority".
      Explanatory note
      The proposed amendment transfers to the State Insurance Regulatory Authority the function of
      approving the form of certificates of insurance and evidence of cover by alternative indemnity
      products under the Home Building Act 1989 (which is currently conferred on the Commissioner for
      Fair Trading).

1.7 Gaming and Liquor Administration Act 2007 No 91
      Section 42 Service of documents on Authority
      Omit section 42(1). Insert instead--
              (1)   A document may be served on the Authority by any of the following
                    methods--
                    (a) by sending it by post to an office of the Authority,
                    (b) by leaving it at the office with a person authorised in writing by the
                         Authority to accept service of documents on behalf of the Authority,
                    (c) by sending it by means of electronic communication addressed to the
                         Authority at the Authority's address for service of electronic
                         communications.




Page 5
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments


      Explanatory note
      The proposed amendment enables the service of documents on the Independent Liquor and Gaming
      Authority to be effected by electronic communication.

1.8 Gaming Machines Act 2001 No 127
      Section 64 Declaration of approved gaming machines
      Omit section 64(8). Insert instead--
              (8)   If the Authority revokes the declaration of a device as an approved gaming
                    machine, the revocation does not take effect until the hotelier, club or holder
                    of the dealer's licence who is in possession of the device has been given or
                    served written notice of the revocation--
                     (a) by post, or
                    (b) by email to an email address specified by the hotelier, club or holder of
                           the dealer's licence for the service of the notice.
      Explanatory note
      The proposed amendment enables the service of written notices of revocation of the declaration of a
      device as an approved gaming machine on the hotelier, club or holder of the dealer's licence who is
      in possession of the device to be effected by email.

1.9 Hairdressers Act 2003 No 62
      Section 7 Information and documents may be required
      Omit section 7(3). Insert instead--
              (3)   In this section--
                    authorised officer means an investigator appointed under section 18 of the
                    Fair Trading Act 1987 or an officer of a Government Department who is
                    authorised by the Minister for the purposes of this section.
      Explanatory note
      The proposed amendment amends the definition of authorised officer to include an investigator
      appointed under the Fair Trading Act 1987, to enable an investigator to require, by notice, an
      individual to give information or documents under the Hairdressers Act 2003.

1.10 Housing Act 2001 No 52
[1]   Section 63 Housing Account
      Omit "the Department or" wherever occurring in section 63(2)(a) and (d).
[2]   Section 63(3)
      Omit "the Department and the Corporation to exercise their functions".
      Insert instead "the Corporation to exercise its functions".
[3]   Section 63(4)
      Omit "the Department". Instead instead "the Corporation".
      Explanatory note
      The proposed amendments to the Housing Act 2001 ensure that only amounts advanced by the
      Treasurer or appropriated for the purposes of the New South Wales Land and Housing Corporation
      are required to be directed to the Housing Account (and not all amounts so advanced or appropriated
      for the purposes of the Department of Communities and Justice). This reflects the current
      administrative and financial arrangements relating to the Housing Account held in the Special
      Deposits Account.




Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



1.11 Independent Commission Against Corruption Act 1988 No 35
      Section 52 Legal and financial assistance for witness
      Omit "Director-General of the Attorney General's Department" from section 52(5).
      Insert instead "Secretary, a Deputy Secretary or the General Counsel of the Department of
      Communities and Justice".
      Explanatory note
      The proposed amendment allows the Attorney General to delegate functions relating to the approval
      of an application by a witness for financial or legal assistance under section 52 of the Independent
      Commission Against Corruption Act 1988 to the Secretary, a Deputy Secretary or the General
      Counsel of the Department of Communities and Justice. Currently, the functions may only be
      delegated to the Secretary.

1.12 Independent Pricing and Regulatory Tribunal Act 1992 No 39
[1]   Section 13 Investigations and reports by Tribunal--general
      Omit "newspaper circulating in the State" from section 13(2).
      Insert instead "manner that the Tribunal is satisfied is likely to bring the notice to the
      attention of members of the public generally".
[2]   Section 19 Reports to be made public
      Omit section 19(4).
[3]   Section 21 Hearings in investigations
      Omit "by advertisement published in a newspaper circulating in the State" from section
      21(3).
      Insert instead "in a manner that the Tribunal is satisfied is likely to bring the notice to the
      attention of members of the public generally".
      Explanatory note
      Items [1] and [3] of the proposed amendments replace the existing requirement for the Independent
      Pricing and Regulatory Tribunal (the Tribunal) to give notice in a newspaper of certain investigations
      and associated hearings with the requirement to publish those notices in a manner that the Tribunal
      is satisfied is likely to bring those notices to the attention of members of the public generally.The
      amendments reflect recent reforms of notification requirements across the statute book.
      Item [2] removes the requirement for copies of certain reports to be made available for sale at the
      principal office of the Government Information Service (which is no longer operational). The Tribunal's
      reports are available free of charge on its website.

1.13 Law Enforcement Conduct Commission Act 2016 No 61
      Section 77 Legal and financial assistance for witness
      Insert ", a Deputy Secretary or the General Counsel" after "the Secretary" in section 77(5).
      Explanatory note
      The proposed amendment allows the Attorney General to delegate functions relating to the approval
      of an application by a witness for financial or legal assistance under section 77 of the Law
      Enforcement Conduct Commission Act 2016 to the Secretary, a Deputy Secretary or the General
      Counsel of the Department of Communities and Justice. Currently, the functions may only be
      delegated to the Secretary.

1.14 Ombudsman Act 1974 No 68
[1]   Section 6 Office of Ombudsman
      Omit section 6(3)(a) and (b). Insert instead--



Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



                     (a)   is a member of the Legislative Council or the Legislative Assembly, or
                     (b)   is a member of a House of Parliament of another State or of the
                           Commonwealth.
[2]   Section 6(4)(a)
      Omit the paragraph.
[3]   Section 35 Ombudsman, officer or expert as witness
      Omit "21A" from section 35(2)(a). Insert instead "19A, 19B, 19C, 21C".
[4]   Schedule 2 Savings and transitional provisions
      Insert after clause 6--
         7   Statute Law (Miscellaneous Provisions) Act (No 2) 2019
                    Section 6, as amended by the Statute Law (Miscellaneous Provisions) Act (No
                    2) 2019, extends to the person who held office as Ombudsman immediately
                    before the commencement of the amendment.
      Explanatory note
      Items [1] and [2] of the proposed amendments remove the requirement for the Ombudsman to be
      under 65 years of age. Item [4] extends those amendments to the existing Ombudsman.
      Item [3] extends a provision that makes the Ombudsman competent and compellable to give evidence
      or produce documents in certain legal proceedings to include proceedings relating to the
      unauthorised publication of evidence or prejudicial disclosure of information during investigations by
      the Ombudsman. Generally, the Ombudsman is not competent or compellable. Item [3] also corrects
      a cross-reference.

1.15 Passenger Transport Act 2014 No 46
      Schedule 4 Amendment of Acts
      Omit Schedule 4.12[22]. Insert instead--
      [22]   Schedule 1, clause 8
                    Omit the clause.
      Commencement
      The amendment to the Passenger Transport Act 2014 commences on the date of assent to this Act.
      Explanatory note
      The proposed amendment is consequential on the proposed amendment to the Transport
      Administration Act 1988 made in Schedule 1.25.

1.16 Public Lotteries Act 1996 No 86
[1]   Section 81 Delegation
      Insert at the end of the section--
              (2)   The Secretary of the Department of Customer Service may delegate the
                    exercise of any function of the Secretary under this Act (other than this power
                    of delegation) to--
                    (a) any person employed in the Public Service, or
                    (b) any person, or any class of persons, authorised for the purposes of this
                           subsection by the regulations.
[2]   Section 82 Service of documents
      Insert at the end of section 82(1)(d)--


Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



                           , or
                     (e)   by email to an email address specified by the person for the service of
                           documents of that kind.
[3]   Section 82(2)(c)
      Insert at the end of section 82(2)(b)--
                           , or
                     (c) by email to an email address specified by the corporation for the service
                           of documents of that kind.
      Explanatory note
      Item [1] of the proposed amendments enables the Secretary of the Department of Customer Service
      to delegate to a person employed in the Public Service or authorised by the regulations the
      Secretary's functions under the Public Lotteries Act 1996 of appointing inspectors for the purposes of
      the Act and related investigation and enforcement powers.
      Items [2] and [3] enable the service of documents on persons (including corporations) to be effected
      by email.

1.17 Public Works and Procurement Act 1912 No 45 (as amended by Public
     Works and Procurement Amendment (Enforcement) Act 2018)
      Section 176F Compensation for contravention
      Omit ", expression of interest or request for tender" from paragraph (a) of the definition of
      procurement process expenditure in section 176F(5).
      Insert instead "or expression of interest".
      Commencement
      The amendment to the Public Works and Procurement Act 1912 commences or is taken to have
      commenced on the commencement of Schedule 1[6] to the Public Works and Procurement
      Amendment (Enforcement) Act 2018.
      Explanatory note
      The proposed amendment removes the reference to a "request for tender" from the definition of
      procurement process expenditure that is to be inserted by the Public Works and Procurement
      Amendment (Enforcement) Act 2018 into the Public Works and Procurement Act 1912 (being certain
      costs incurred by a participant in a procurement process carried out by a government agency). The
      reference is unnecessary because the costs of preparing a request for tender are incurred by the
      government agency carrying out the procurement process rather than participants in the procurement
      process.

1.18 Registered Clubs Act 1976 No 31
[1]   Section 35A Secretary may carry out inquiries and investigations
      Omit section 35A(1). Insert instead--
              (1)   The Secretary may carry out such investigations and inquiries as the Secretary
                    considers necessary in connection with--
                    (a) a complaint or proposed complaint under Part 6A in relation to the
                          secretary, or a member of the governing body, of a registered club, or
                    (b) compliance with the provisions of Part 4A (including the provisions of
                          the Registered Clubs Accountability Code) by a registered club or
                          member of the governing body or employee of a registered club.
[2]   Section 71 Service of notices
      Omit section 71(1). Insert instead--




Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



              (1)   Any notice or other instrument to be served on a registered club under this Act
                    may be served by any of the following methods--
                    (a) by leaving it with the secretary of the club, a member of the governing
                         body or of a committee of the club or a person who is apparently an
                         employee of the club at the premises of the club,
                    (b) by affixing it to a conspicuous part of the premises of the club,
                    (c) by email to an email address specified by the registered club for the
                         service of notices or other instruments of that kind.
      Explanatory note
      Item [1] of the proposed amendments makes it clear that the Secretary of the Department of Customer
      Service may continue to carry on investigations and inquiries in connection with a complaint or
      proposed complaint in relation to the secretary, or a member of the governing body, of a registered
      club after the Secretary has ascertained that a complaint should be made to the Independent Liquor
      and Gaming Authority under Part 6A of the Registered Clubs Act 1976.
      Item [2] enables the service of notices on registered clubs to be effected electronically.

1.19 Residential Tenancies Amendment (Review) Act 2018 No 58
[1]   Schedule 1 Amendment of Residential Tenancies Act 2010 No 42
      Insert "(if any)" after "regulations" in paragraph (a) of the proposed definition of separately
      metered in Schedule 1[1].
[2]   Schedule 1[18]
      Insert "(if any)" after "fee" wherever occurring in proposed sections 65B(2)(d) and
      65C(2)(d).
      Explanatory note
      Item [1] of the proposed amendments makes it clear that the regulations need not prescribe any
      Australian Standard dealing with electrical, gas, oil or water metering equipment for the purposes of
      the definition of separately metered proposed to be inserted into the Residential Tenancies Act 2010
      (the principal Act) by the Residential Tenancies Amendment (Review) Act 2018 (the amending
      Act).
      Item [2] makes it clear that the regulations need not prescribe an application fee for an application to
      the Commissioner for Fair Trading to investigate alleged damage to premises by a tenant or an
      alleged breach by a landlord of the landlord's obligation to provide and maintain premises in a
      reasonable state of repair under sections 65B and 65C proposed to be inserted into the principal Act
      by the amending Act.

1.20 Road Transport Act 2013 No 18
[1]   Section 82 Definitions
      Omit the definition of former written-off light vehicle. Insert in alphabetical order--
                  inspected written-off light vehicle has the meaning given by section 83(1).
[2]   Section 83 NSW written-off light vehicles register
      Omit "former written-off light vehicles" from section 83(1)(b).
      Insert instead "inspected written-off light vehicles".
[3]   Section 104A Definitions
      Omit the definition of former written-off heavy vehicle. Insert in alphabetical order--
                  inspected written-off heavy vehicle has the meaning given by section
                  104B(1).




Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



[4]   Section 104B NSW written-off heavy vehicles register
      Omit "former written-off heavy vehicles" from section 104B(1)(c).
      Insert instead "inspected written-off heavy vehicles".
      Explanatory note
      The proposed amendments replace references in the Road Transport Act 2013 to "former" written-off
      light and heavy vehicles with "inspected" written-off light and heavy vehicles to make the language of
      that Act consistent with the language commonly used in the motor vehicle repair industry and in other
      jurisdictions.

1.21 Surveying and Spatial Information Act 2002 No 83
      Section 3 Definitions
      Omit the definitions of Australian Height Datum and Geocentric Datum of Australia from
      section 3(1).
      Insert instead, respectively--
                    Australian Height Datum means the datum surface prescribed by the
                    regulations for the purposes of this definition.
                    Geocentric Datum of Australia means the datum surface prescribed by the
                    regulations for the purposes of this definition.
      Commencement
      The amendment to the Surveying and Spatial Information Act 2002 commences on 1 January 2020.
      Explanatory note
      The proposed amendment enables the datum surfaces on which the definitions of Australian Height
      Datum and Geocentric Datum of Australia rely to be prescribed by the regulations to enable those
      definitions to be readily updated to maintain consistency with national standards as determined from
      time to time.

1.22 Surveying and Spatial Information Regulation 2017
      Clauses 5A and 5B
      Insert after clause 5--
       5A    Australian Height Datum
                    For the purposes of the definition of Australian Height Datum in section 3(1)
                    of the Act, the datum surface approximating mean sea level that was adopted
                    by the National Mapping Council of Australia in May 1971 is prescribed.
       5B    Geocentric Datum of Australia
              (1)   For the purposes of the definition of Geocentric Datum of Australia in section
                    3(1) of the Act, the datum surface approximating the shape of the earth's
                    surface defined by the reference frame designated under the National
                    Measurement (Recognized-Value Standard of Measurement of Position)
                    Determination 2017 of the Commonwealth is prescribed.
                    Note: The reference frame designated in the National Measurement
                    (Recognized-Value Standard of Measurement of Position) Determination 2017 of the
                    Commonwealth is Geocentric Datum of Australia 2020 (GDA2020) at the Reference
                    Epoch of 2020.0.
              (2)   In this clause--
                    Chief Metrologist means the Chief Metrologist established under section
                    18A(1) of the National Measurement Act 1960 of the Commonwealth.
                    National Measurement (Recognized-Value Standard of Measurement of
                    Position) Determination 2017 means the standard of measurement of that


Page 11
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



                    name maintained by the Chief Metrologist under section 8(1) of the National
                    Measurement Act 1960 of the Commonwealth.
      Commencement
      The amendment to the Surveying and Spatial Information Regulation 2017 commences on 1 January
      2020.
      Explanatory note
      The proposed amendment is consequential on the proposed amendment to the Surveying and Spatial
      Information Act 2002 made in Schedule 1.21, and prescribes the datum surfaces for the purposes of
      the definitions of Australian Height Datum and Geocentric Datum of Australia in that Act to ensure
      those definitions are consistent with current national standards.

1.23 Totalizator Act 1997 No 45
[1]   Section 115 Delegation
      Insert at the end of the section--
              (2)   The Secretary of the Department of Customer Service may delegate the
                    exercise of any function of the Secretary under this Act (other than this power
                    of delegation) to--
                    (a) any person employed in the Public Service, or
                    (b) any person, or any class of persons, authorised for the purposes of this
                           subsection by the regulations.
[2]   Section 116 Service of documents
      Insert at the end of section 116(1)(d)--
                           , or
                     (e) by email to an email address specified by the person for the service of
                           documents of that kind.
[3]   Section 116(2)(c)
      Insert at the end of section 116(2)(b)--
                           , or
                     (c) by email to an email address specified by the corporation for the service
                           of documents of that kind.
      Explanatory note
      Item [1] of the proposed amendments enables the Secretary of the Department of Customer Service
      to delegate to a person employed in the Public Service or authorised by the regulations the
      Secretary's functions under the Totalizator Act 1997 to appoint inspectors for the purposes of the Act
      and related investigation and enforcement powers.
      Items [2] and [3] enable the service of documents on persons (including corporations) to be effected
      by email.

1.24 Tow Truck Industry Act 1998 No 111
[1]   Section 17 Application for licence
      Insert at the end of section 17(2)(g)--
                           and
[2]   Section 17(2)(h)
      Omit the paragraph. Insert instead--
                  (h) be accompanied by the fee (if any) prescribed by the regulations.



Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



[3]   Section 21 Licence fees
      Omit the section.
[4]   Section 25 Application for drivers certificate
      Omit section 25(2)(c). Insert instead--
                   (c) be accompanied by the fee (if any) prescribed by the regulations.
[5]   Section 30 Drivers certificate fees
      Omit the section.
[6]   Section 105 Regulations
      Insert after section 105(2)(p)--
                     (q) fees for the granting of licences and drivers certificates.
      Commencement
      The amendments to the Tow Truck Industry Act 1998 commence on 2 December 2019.
      Explanatory note
      Items [2]-[5] of the proposed amendments will enable the amount of fees payable for an application
      for a tow truck operators licence or a drivers certificate under the Tow Truck Industry Act 1998 to be
      prescribed by the regulations rather than being determined by the Secretary of the Department of
      Customer Service and published in the NSW Government Gazette as currently occurs.
      Item [1] corrects a grammatical error.

1.25 Transport Administration Act 1988 No 109
      Schedule 1 Functions of Transport for NSW
      Insert after clause 7--
       7A    Fare revenue from public passenger services
                    If authorised by, or under arrangements or contracts made under, this Act, the
                    Passenger Transport Act 1990 or the Passenger Transport Act 2014, TfNSW
                    may collect, manage and deal with any fare revenue received in respect of the
                    provision of public passenger services by RailCorp, Sydney Trains, NSW
                    Trains, the State Transit Authority, Sydney Metro, Sydney Ferries or any other
                    operator of a public passenger service.
      Commencement
      The amendment to the Transport Administration Act 1988 commences on the date of assent to this
      Act.
      Explanatory note
      The proposed amendment is consequential on the transition from the Passenger Transport Act 1990
      (the 1990 Act) to the Passenger Transport Act 2014 (the 2014 Act). An amendment in item [22] of
      Schedule 4.12 to the 2014 Act (the existing amendment) replaced existing clause 8 of Schedule 1
      to the Transport Administration Act 1988 with an unrelated provision, which allows Transport for NSW
      to collect, manage and deal with any fare revenue from public passenger services authorised under
      an arrangement or contract under the 2014 Act and the Transport Administration Act 1988. The
      existing amendment has not commenced.
      The proposed amendments (contained in this subschedule and Schedule 1.15) separate enactment
      of the existing amendment from the repeal of clause 8 of Schedule 1 to the Transport Administration
      Act 1988 in order for the repeal of that provision and the enactment of the existing amendment to
      occur at separate times.
      The proposed amendment further provides that TfNSW may also collect, manage and deal with any
      fare revenue from public passenger services authorised under an arrangement or contract under
      the1990 Act, as well as the 2014 Act and the Transport Administration Act 1988.




Page 13
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments



1.26 Workers Compensation Act 1987 No 70
[1]    Schedule 6 Savings, transitional and other provisions
       Insert at the end of clause 3 of Part 19I--
              (2)    This clause does not apply, and is taken never to have applied--
                     (a) in respect of the Workers Compensation (Bush Fire, Emergency and
                           Rescue Services) Act 1987, to an amendment made by the 2015
                           amending Act to section 25 of the 1987 Act, or
                     (b) in respect of the Workers' Compensation (Dust Diseases) Act 1942, to
                           an amendment made by the 2015 amending Act to section 26 of the
                           1987 Act, or
                     (c) to clause 5 of this Part in its application to either of those amendments.
[2]    Schedule 6, Part 19I, clause 15(1A)
       Insert after clause 15(1)--
             (1A)    This clause does not apply, and is taken never to have applied, to the
                     amendments made by the 2015 amending Act to sections 25 and 26 of the 1987
                     Act.
       Explanatory note
       Item [1] of the proposed amendments (together with the proposed amendment to the Workers'
       Compensation (Dust Diseases) Act 1942 made in Schedule 1.27) increases, from $9,000 to $15,000,
       the amount of funeral expenses compensation payable under that Act in respect of the death of a
       worker resulting from a dust disease. The increase is in line with the increase in funeral expenses
       compensation payable under the Workers Compensation Act 1987 (the 1987 Act) as a consequence
       of the enactment of the Workers Compensation Amendment Act 2015 (the 2015 amending Act).The
       proposed amendment applies to deaths occurring on or after 5 August 2015 (the date of introduction
       into the Legislative Assembly of the Bill for the 2015 amending Act).
       Items [1] and [2] also consolidate savings and transitional provisions relating to death benefits under
       the 1987 Act, currently included in the Workers Compensation Regulation 2016.

1.27 Workers' Compensation (Dust Diseases) Act 1942 No 14
       Section 8 Certificate of Medical Assessment Panel and rates of compensation
       Omit "section 27" from section 8(2A). Insert instead "section 26".
       Commencement
       The amendment to the Workers' Compensation (Dust Diseases) Act 1942 is taken to have
       commenced on 5 August 2015.
       Explanatory note
       The proposed amendment (together with the proposed amendments to the Workers Compensation
       Act 1987 made in Schedule 1.26) increases, from $9,000 to $15,000, the amount of funeral expenses
       compensation payable under the Workers' Compensation (Dust Diseases) Act 1942. The proposed
       amendment applies to deaths occurring on or after 5 August 2015 (the date of introduction into the
       Legislative Assembly of the Bill for the Workers Compensation Amendment Act 2015).

1.28 Workers Compensation Regulation 2016
       Schedule 8 Savings and transitional provisions
       Insert before clause 37--
      37AA    Operation of amendments
                     This Part ceases to have effect on the commencement of the amendments
                     made to the 1987 Act by the Statute Law (Miscellaneous Provisions) Act (No
                     2) 2019.


Page 14
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 1 Minor amendments


      Explanatory note
      The proposed amendment is consequent on the proposed amendments to the Workers
      Compensation Act 1987 made in Schedule 1.26.




Page 15
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [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 Aboriginal Languages Act 2017 No 51
      Section 13(3)
      Omit "Minster". Insert instead "Minister".
      Explanatory note
      The proposed amendment corrects a spelling error.

2.2 Associations Incorporation Act 2009 No 7
      Section 101(1)(d)
      Omit "registered office". Insert instead "official address".
      Explanatory note
      The proposed amendment updates terminology used in relation to an association's registered office.

2.3 Byron Local Environmental Plan 1988
[1]   Clause 10(2)
      Omit "Strata Schemes (Freehold Development) Act 1973".
      Insert instead "Strata Schemes Development Act 2015".
[2]   Clause 17A(5)
      Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold
      Development) Act 1986".
      Insert instead "Strata Schemes Development Act 2015".
[3]   Clause 24(4)
      Omit "the the". Insert instead "the".
[4]   Clause 49(1)(b)
      Omit the paragraph. Insert instead--
                  (b) Division 2 of Part 4 of the Strata Schemes Development Act 2015,
      Explanatory note
      Items [1], [2] and [4] of the proposed amendments update references to Acts.
      Item [3] omits a duplicate word.

2.4 Companion Animals Act 1998 No 87
      Section 62A(1)
      Omit "authorised by the Departmental Chief Executive under section 75(7)(a1)" from
      paragraph (b) of the definition of approved person.
      Insert instead "approved by the Departmental Chief Executive under section 83F(1)".
      Explanatory note
      The proposed amendment corrects a cross-reference.




Page 16
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments



2.5 Cootamundra Local Environmental Plan 2013
[1]   Clause 2.1
      Omit "Zone E4". Insert instead "E4".
[2]   Land Use Table, Zone R3, item 3
      Omit "Restaurant or cafe" from the item. Insert instead "Restaurants or cafes".
[3]   Land Use Table, Zone R3, item 3
      Omit "Takeaway" from the item. Insert instead "Take away".
      Explanatory note
      Item [1] of the proposed amendments omits an additional word. Items [2] and [3] correct typographical
      errors.

2.6 Environmental Planning and Assessment Act 1979 No 203
[1]   Section 4.32(1)
      Omit the definition of applicable regional panel.
[2]   Section 4.32(1)
      Insert in alphabetical order--
                    applicable Sydney district or regional planning panel for development means
                    the Sydney district or regional planning panel for the part of the State in which
                    the development is to be carried out.
[3]   Sections 4.33 and 4.34(1)
      Omit "applicable regional panel" wherever occurring.
      Insert instead "applicable Sydney district or regional planning panel".
      Explanatory note
      The current definition of applicable regional panel suggests that an applicable planning panel must
      be a Sydney regional planning panel. The proposed amendments clarify that an applicable planning
      panel may be a Sydney district planning panel or a regional planning panel.

2.7 Farrer Memorial Research Scholarship Fund Act 1930 No 38
[1]   Section 2
      Omit the definition of Director-General.
[2]   Section 2
      Insert in alphabetical order--
                    Secretary means the Secretary of the Department.
[3]   Section 3
      Omit "Director-General (or the Director-General's nominee), a Deputy Director-General of
      the Department nominated by the Director-General".
      Insert instead "Secretary (or the Secretary's nominee), a Deputy Secretary of the
      Department nominated by the Secretary".
      Explanatory note
      The proposed amendments update references to the Secretary.




Page 17
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments



2.8 Fisheries Management Act 1994 No 38
 [1]   Section 128
       Omit the definition of this Act.
 [2]   Section 146(1A)
       Omit "section 91 of the Environmental Planning and Assessment Act 1979 is subject to
       Division 5 of Part 4".
       Insert instead "section 4.46 of the Environmental Planning and Assessment Act 1979 is
       subject to Division 4.8".
 [3]   Section 163(7B)(b)
       Omit "Part 5.1". Insert instead "Division 5.2".
 [4]   Section 218(5C)
       Omit "Part 5.1". Insert instead "Division 5.2".
 [5]   Section 220(1A)
       Omit "section 91 of the Environmental Planning and Assessment Act 1979 is subject to
       Division 5 of Part 4".
       Insert instead "section 4.46 of the Environmental Planning and Assessment Act 1979 is
       subject to Division 4.8".
 [6]   Section 227(2)
       Omit "Division 5 of Part 5 of the Environmental Planning and Assessment Act 1979 (other
       than the function of making a determination under that Division".
       Insert instead "Schedule 1AA (other than the function of making a determination under that
       Schedule".
 [7]   Section 238B
       Omit "Division 5 of Part 5 of the Environmental Planning and Assessment Act 1979".
       Insert instead "Schedule 1AA".
 [8]   Section 282A(1)(a)
       Omit "section 123". Insert instead "section 9.45".
 [9]   Section 282A(1)
       Omit "this Act or of Division 5 of Part 5 of the EPA Act".
       Insert instead ", or Schedule 1AA to, this Act".
[10]   Schedule 6D, clause 10(2)
       Omit "Part 7A of this Act or of Part 7, Part 7A or Part 8A of the National Parks and Wildlife
       Act 1974".
       Insert instead "Part 2 of the Biodiversity Conservation Act 2016".
[11]   Schedule 6D, clause 10(5)(b)
       Omit "Division 1 (Stop work orders) of Part 6A of the National Parks and Wildlife Act
       1974, Division 1 (Stop work orders) of Part 7 of the Threatened Species Conservation Act
       1995".


Page 18
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments



      Insert instead "Division 2 (Stop work orders) of Part 11 of the Biodiversity Conservation
      Act 2016, Division 1 (Stop work orders) of Part 6A of the National Parks and Wildlife Act
      1974".
      Explanatory note
      Items [1]-[9] of the proposed amendments update cross-references to provisions of the
      Environmental Planning and Assessment Act 1979 consequent on the renumbering and relocation of
      provisions of that Act.
      Items [10] and [11] update cross-references consequent on the commencement of the Biodiversity
      Conservation Act 2016.

2.9 Fisheries Management (General) Regulation 2019
[1]   Clause 12(2), definition of "charter fishing exempt fish"
      Omit "australis)" from paragraph (b). Insert instead "australis".
[2]   Clause 23(1)
      Omit "speargun". Insert instead "spear gun".
      Explanatory note
      Item [1] of the proposed amendments corrects a typographical error.
      Item [2] corrects a spelling error.

2.10 Health Services Act 1997 No 154
      Schedule 7, clause 73(2)
      Omit "the" where firstly occurring.
      Explanatory note
      The proposed amendment omits a duplicate word.

2.11 Land Management (Native Vegetation) Code 2018
[1]   Clause 17, note
      Omit "the" where firstly occurring in paragraph (a).
[2]   Clause 72(2)
      Omit "of" where firstly occurring.
      Explanatory note
      The proposed amendments omit duplicate words.

2.12 Local Government Act 1993 No 30
      Section 254A(1), note
      Omit the note.
      Explanatory note
      The proposed amendment omits a redundant note. The note refers only to matters that were required
      to be included in a council's annual report under a repealed provision.

2.13 Local Government (General) Regulation 2005
      Schedule 2, Part 5, Division 1, clause 18(1)
      Omit "clause 1". Insert instead "clause 17".
      Explanatory note
      The proposed amendment corrects a cross-reference.



Page 19
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments



2.14 Long Service Leave Act 1955 No 38
      Section 4(5A)
      Omit "Building and Construction Industry Long Service Payments Act 1974".
      Insert instead "Building and Construction Industry Long Service Payments Act 1986".
      Explanatory note
      The proposed amendment corrects an incorrect cross-reference.

2.15 Lord Howe Island Regulation 2014
      Clause 22(6)
      Omit "elector elector". Insert instead "elector".
      Explanatory note
      The proposed amendment omits a duplicate word.

2.16 Mining Act 1992 No 29
[1]   Section 88
      Omit "Director of Planning" wherever occurring. Insert instead "Secretary".
[2]   Section 121(8)
      Omit "section 75V (Approvals etc legislation that must be applied consistently) or 93
      (Granting and modification of approval by approval body)".
      Insert instead "section 4.50 (Granting and modification of approval by approval body)".
      Explanatory note
      Item [1] of the proposed amendments updates a reference to the Secretary.
      Item [2] updates cross-references to provisions of the Environmental Planning and Assessment Act
      1979 consequent on the renumbering and relocation of provisions of that Act.

2.17 National Parks and Wildlife Regulation 2019
      Clause 10(7), definition of "registered"
      Omit the definition. Insert instead--
                  registered means registered in Australia within the meaning of the Road
                  Transport Act 2013.
      Explanatory note
      The proposed amendment updates a listing style used in the definition of registered.

2.18 Oaths Act 1900 No 20
      Section 26(1)
      Omit "Any oath". Insert instead "Any oath,".
      Explanatory note
      The proposed amendment inserts missing punctuation.

2.19 Paintball Act 2018 No 44
      Section 14(1)(e)
      Omit "by prescribed". Insert instead "be prescribed".



Page 20
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments


      Explanatory note
      The proposed amendment corrects a typographical error.

2.20 Rail Safety National Law (NSW)
[1]   Section 127
      Omit "urine screening test," wherever occurring.
[2]   Section 129
      Omit "or urine taken". Insert instead "taken".
[3]   Section 129
      Omit "urine screening test,".
      Explanatory note
      The proposed amendments omit duplicate references.

2.21 State Records Act 1998 No 17
      Section 7(4A)
      Omit "The Cabinet Office".
      Insert instead "the Department of Premier and Cabinet".
      Explanatory note
      The proposed amendment updates a reference to a department.

2.22 Stock Medicines Act 1989 No 182
[1]   Section 3(1)
      Omit the definition of Director-General.
[2]   Section 3(1)
      Insert in alphabetical order--
                    Secretary means the Secretary of the Department of Planning, Industry and
                    Environment.
[3]   Section 43(3)
      Omit "Director-General". Insert instead "Secretary".
[4]   Section 46
      Omit "Director-General" wherever occurring. Insert instead "Secretary".
[5]   Section 47(2)
      Omit "Director-General". Insert instead "Secretary".
[6]   Section 62(a)(ii)
      Omit "Director-General". Insert instead "Secretary".
[7]   Section 64
      Omit "Director-General" wherever occurring. Insert instead "Secretary".




Page 21
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments



[8]   Section 64
      Omit "Director-General's". Insert instead "Secretary's".
      Explanatory note
      The proposed amendments update references to the Secretary.

2.23 Water Management (General) Regulation 2018
      Schedule 4, Part 2, cl 18
      Omit "Crown Lands". Insert instead "Crown Land".
      Explanatory note
      The proposed amendment corrects a reference to an Act.

2.24 Water Sharing Plan for the Gwydir Unregulated and Alluvial Water
     Sources 2012
[1]   Appendix 4
      Omit "IRIGATION" from the matter relating to the Moredun Creek Water Source.
      Insert instead "IRRIGATION".
[2]   Appendix 4
      Omit "HOISE" from the matter relating to the Myall Creek Water Source.
      Insert instead "HOUSE".
[3]   Appendix 4
      Omit "NOTHWITHSTANDING" wherever occurring in the matters relating to the Mehi
      River Water Source.
      Insert instead "NOTWITHSTANDING".
[4]   Appendix 4
      Omit "ACCORNDACE" from the matter relating to the Mehi River Water Source.
      Insert instead "ACCORDANCE".
[5]   Appendix 4
      Omit "DELARED" from the matter relating to the Gingham Watercourse Water Source.
      Insert instead "DECLARED".
      Explanatory note
      The proposed amendments correct spelling errors.

2.25 Work Health and Safety (Mines and Petroleum Sites) Act 2013 No 54
      Part 4, Division 1, note
      Omit the note at the beginning of the Division.
      Explanatory note
      The proposed amendment omits a redundant note.

2.26 Young Offenders Act 1997 No 54
      Section 8(2)(f)(ii)
      Insert "or" at the end of the subparagraph.

Page 22
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments


      Explanatory note
      The proposed amendment corrects a grammatical error.




Page 23
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 3 General savings, transitional and other provisions



Schedule 3              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 concerned, taken to have effect as from the commencement of the
             amending provision (whether or not the amending provision has been repealed).
       (2)   In this clause--
             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 any 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.
      Explanatory note
      This clause ensures that an amendment made by the proposed Act to a repealing or amending
      provision of an Act or instrument will (if the repealing or amending provision commences before the
      amendment made by the proposed Act) be taken to have commenced on the date the repealing or
      amending provision commences.

  2   Effect of amendment or repeal on acts done or decisions made
             Except where it is 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,
             any 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
             so amended or repealed.
      Explanatory note
      This clause ensures that the amendment or repeal of a provision will not, unless expressly provided,
      vitiate any act done or decision made under the provision as in force before the amendment or repeal.

  3   Effect of amendment on instruments
             Except where expressly provided to the contrary, any 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.
      Explanatory note
      This clause ensures that, unless expressly provided, any instrument that is in force and made under
      a provision of an Act that is amended or substituted by the proposed Act will be taken to have been
      made under the Act as amended.

  4   Revocation of repeal
             Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or
             instruments, or provisions of Acts or instruments, by this Act.
      Explanatory note
      The effect of this clause is to enable the Governor, by proclamation, to revoke the repeal of any Act
      or instrument, or any provision of any Act or instrument, by the proposed Act. The Act or instrument,
      or provision, the subject of the revocation of repeal is taken not to be, and never to have been,
      repealed.



Page 24
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 [NSW]
Schedule 3 General savings, transitional and other provisions



  5   Regulations
       (1)   The Governor may make regulations containing provisions of a savings or
             transitional nature consequent on the enactment of this Act.
       (2)   Any such provision 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 any such provision takes effect from a date that is earlier than
             the date of its publication on the NSW legislation website, the provision does not
             operate so as--
              (a) to affect, in a manner prejudicial to any person (other than the State or an
                   authority of the State), the rights of that person existing before the date of its
                   publication, or
             (b) to impose liabilities on any 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.
      Explanatory note
      This clause enables the making of regulations of a savings or transitional nature relating to incidental
      matters arising out of the proposed Act.




Page 25


 


[Index] [Search] [Download] [Related Items] [Help]