Part 3 Staged repeal of statutory rules

10   Staged repeal of statutory rules

(1)  Unless it sooner ceases to be in force, a statutory rule published before a date specified in Column 1 below is repealed on the date specified opposite in Column 2:

Column 1	Column 2
1 September 1941	1 September 1991
1 September 1964	1 September 1992
1 September 1978	1 September 1993
1 September 1986	1 September 1994
1 September 1990	1 September 1995

(2)  Unless it sooner ceases to be in force, a statutory rule published on or after 1 September 1990 is repealed:

(a)  on the fifth anniversary of the date on which it was published (in the case of a statutory rule published on 1 September in any year), or

(b)  on 1 September following the fifth anniversary of the date on which it was published (in any other case).

(3)–(4B)  (Repealed)

(5)  This section does not apply in respect of a regulation comprising only provisions relating to zoning plans for marine parks under the Marine Parks Act 1997.

(6)–(8)  (Repealed)

10A   Certain statutory rules to remain in force

(1)  (Repealed)

(1A)  Despite the other provisions of this Part, the following statutory rules remain in force until 1 September 2012, unless sooner repealed:

(a)  Children and Young Persons (Care and Protection) Regulation 2000,

(b)–(d)  (Repealed)

(e)  Public Health (Microbial Control) Regulation 2000,

(f)  Public Health (Skin Penetration) Regulation 2000,

(g)  Public Health (Swimming Pools and Spa Pools) Regulation 2000.

(h)  (Repealed)

(2)  (Repealed)

(3)  Despite the other provisions of this Part, the following statutory rules remain in force until 1 September 2013, unless sooner repealed:

(a)  Electricity Supply (General) Regulation 2001,

(b)  Employment Protection Regulation 2001,

(c)  Environmental Planning and Assessment Regulation 2000,

(d)  Fisheries Management (Aquatic Reserves) Regulation 2002,

(e)  Gas Supply (Natural Gas Retail Competition) Regulation 2001,

(f)  Industrial Relations (General) Regulation 2001,

(g)  Road Transport (Safety and Traffic Management) Regulation 1999.

11   Governor may postpone repeal by order

(1)  The Governor may, by order published on the NSW legislation website, from time to time postpone by one year the date on which a specified statutory rule is repealed by section 10.

(2)  Such an order is effective to postpone the repeal of the statutory rule, provided the order is published before the repeal would otherwise take effect.

(3)  The repeal of a particular statutory rule may not be postponed on more than 5 occasions.

(4)  The repeal of a statutory rule may not be postponed on a third, fourth or fifth occasion unless the responsible Minister has given the Legislation Review Committee at least one month’s written notice of the proposed postponement.

(5)  The Legislation Review Committee may make such reports to the responsible Minister and to each House of Parliament as it thinks desirable in connection with the third, fourth or fifth postponement of the repeal of a statutory rule.

(6)  This section does not apply to the regulations referred to in section 10A.

12   Machinery provisions regarding repeal

(1)  A statutory rule is, for the purposes of this Part, to be taken to have been published on the following date:

(a)  if the statutory rule was required to be published on the NSW legislation website or in the Government Gazette or any other official gazette—the date on which it was originally so published,

(b)  if the statutory rule was not required to be so published but was required to be made, approved or confirmed by the Governor—the date on which it was so made, approved or confirmed,

(c)  in any other case—the date on which it was made.

(2)  The repeal of a statutory rule by this Part extends to any direct amendments (whenever made) of the statutory rule and to so much of any statutory rule as makes any such amendments.

(3)  A set of regulations, by-laws, rules or ordinances constituting a single instrument is, for the purposes of this Part, to be taken to be a single statutory rule.

(4)  If an instrument made under one Act is by law to be treated as a statutory rule made under another Act, the date of publication is, for the purposes of this Part, the date it was originally published.

(5), (6)  (Repealed)