(Section 3)
1.1 Aboriginal Land Rights Act 1983 No 42
[1] Section 118 Advisory committees
Omit “time time” from section 118 (1). Insert instead “time to time”.
[2] Section 120 Membership of New South Wales Aboriginal Land Council
Omit “(other than the Chairperson of the Council)” from section 120 (2).
[3] Section 217 Contents of investigator’s instrument of appointment
Insert at the end of section 217:(2) The instrument may also contain provision for the payment to the investigator of remuneration in addition to the remuneration specified in the instrument. For example, the instrument could provide for the New South Wales Aboriginal Land Council to approve the payment of additional remuneration that it is satisfied is reasonable.
[4] Section 224 Contents of administrator’s instrument of appointment
Insert at the end of section 224:(2) The instrument may also contain provision for the payment to the administrator of remuneration in addition to the remuneration specified in the instrument. For example, the instrument could provide for the New South Wales Aboriginal Land Council to approve the payment of additional remuneration that it is satisfied is reasonable.
[5] Schedule 4 Savings, transitional and other provisions
Insert after Part 7 of Schedule 4:CommencementPart 8 Statute Law (Miscellaneous Provisions) Act 2007
49 Remuneration of investigators and administrators
(1) Each instrument of appointment of an investigator or administrator under Part 11 that was executed before the commencement of this clause is taken to include (and always to have included) provision to the effect that the New South Wales Aboriginal Land Council may approve the payment of additional remuneration to the investigator or administrator that the Council is satisfied is reasonable.(2) An amount paid before the commencement of this clause as remuneration to an investigator or administrator appointed under Part 11, being an amount paid with the approval of the New South Wales Aboriginal Land Council in addition to the remuneration specified in the investigator’s or administrator’s instrument of appointment, is taken to be and always to have been validly paid as remuneration of the investigator or administrator.(3) Sections 217 (2) and 224 (2) extend to an instrument of appointment of an investigator or administrator under Part 11 that was executed before the commencement of this clause, with the result that a provision included in such an instrument that would have been valid had sections 217 (2) and 224 (2) been in force when the instrument was executed is taken to be and always to have been valid.
Item [2] of the amendments to the Aboriginal Land Rights Act 1983 is taken to have commenced on the commencement of Schedule 1 [47] to the Aboriginal Land Rights Amendment Act 2006.
Item [1] of the proposed amendments to the Aboriginal Land Rights Act 1983 (the Act) inserts a missing word.Item [2] of the proposed amendments clarifies that the Chairperson of the New South Wales Aboriginal Land Council is to be full-time. Before section 120 of the Act was inserted by Schedule 1 [47] to the Aboriginal Land Rights Amendment Act 2006, the councillors of the New South Wales Aboriginal Land Council, including the Chairperson, were all full-time. The new section 120 (2) provided that the councillors were to be full-time but, inadvertently, did not make it clear that the Chairperson (who is to be elected from among those councillors) is also to be full-time.
Items [3] and [4] of the proposed amendments amend provisions of the Act that deal with the appointment of investigators and administrators of Aboriginal Land Councils to provide that the instrument of appointment of an investigator or administrator may include provision for the payment to the investigator or administrator of remuneration in addition to that specified in the instrument (for example, provision for the NSW Aboriginal Land Council to approve the payment of additional remuneration that the Council is satisfied is reasonable).
Item [5] of the proposed amendments enacts transitional provisions that extend the amendments to instruments of appointment executed before the commencement of the amendments (existing instruments), validates payments of additional remuneration made with the approval of the NSW Aboriginal Land Council and deems existing instruments to include a provision enabling the NSW Aboriginal Land Council to approve additional remuneration that the Council is satisfied is reasonable.
1.2 Aboriginal Land Rights Amendment Act 2006 No 111
Schedule 1 Amendment of Aboriginal Land Rights Act 1983
Omit proposed section 63 (6) from Schedule 1 [41]. Insert instead:(6) The Registrar is to be the returning officer for an election.
The proposed amendment to the Aboriginal Land Rights Amendment Act 2006 makes the Registrar appointed under the Aboriginal Land Rights Act 1983 the returning officer for elections of Board members of Local Aboriginal Land Councils instead of the Electoral Commissioner for New South Wales.
1.3 Agricultural Livestock (Disease Control Funding) Act 1998 No 139
Sections 7 (2) (c) and 8 (3) (c)
Omit “Rural Lands Protection Board Association” wherever occurring.Insert instead “State Council of Rural Lands Protection Boards”.
The proposed amendment to the Agricultural Livestock (Disease Control Funding) Act 1998 replaces references in the Act to the defunct Rural Lands Protection Board Association with references to the State Council of Rural Lands Protection Boards.
1.4 Commission for Children and Young People Act 1998 No 146
[1] Schedule 1, clauses 2, 3 (4)–(6) and 6 (5)
Omit “Chairman” wherever occurring. Insert instead “Chair”.
[2] Schedule 1, clauses 2 and 3 (4)–(6)
Omit “Vice-Chairman” wherever occurring.Insert instead “Deputy Chair”.
The proposed amendments to the Commission for Children and Young People Act 1998 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
1.5 Community Land Development Act 1989 No 201
Insert after clause 2 (1):(1A) The plan must be lodged with a separate document in the approved form that relates to the plan. The documents required to be lodged with a plan under subclause (2) are to be included with the separate document.
Omit “A plan”.Insert instead “The separate document required to be lodged under subclause (1A) with a plan”.
Omit the subclause.Commencement
The amendments to the Community Land Development Act 1989 commence on a day or days to be appointed by proclamation.
The proposed amendments to the Community Land Development Act 1989 (the Act) provide for a separate document in the approved form to be lodged with certain plans that are required to be registered and lodged with the Registrar-General under the Act. The amendments will enable all signatures and consents required for lodging those plans to be endorsed on, or included with, that separate document.
1.6 Community Land Management Act 1989 No 202
Omit “Minister” from the definition of approved form in section 3 (1).Insert instead “Director-General”.
[2] Section 3 (1), definition of “Director-General”
Omit the definition. Insert instead:Director-General means:
(a) the Commissioner for Fair Trading, Department of Commerce, or(b) if there is no such position in that Department, the Director-General of that Department.
[3] Section 39 Insurance against damage or destruction
Omit section 39 (1A). Insert instead:(1A) Any such building or structure is to be insured for not less than:(a) the amount determined in accordance with the regulations, or(b) if the regulations make no provision for determining the amount, the value of the building or structure indicated by the last valuation obtained for the building or structure in accordance with this Division.
[4] Section 66 Mediation of disputes relating to community schemes
Insert after section 66 (1):(1A) The application must be accompanied by the fee prescribed by the regulations.
Insert after section 122 (1):(1A) In particular, the regulations may make provision for or with respect to fees payable under the Act, including the waiver or refund of the whole or any part of a fee.
Item [1] of the proposed amendments to the Community Land Management Act 1989 (the Act) requires forms under the Act to be approved by the Commissioner for Fair Trading, Department of Commerce rather than the Minister for Fair Trading.Item [2] of the proposed amendments provides (in line with other consumer affairs legislation) for the Commissioner for Fair Trading, Department of Commerce to exercise the functions under the Act previously exercised by the Director-General of the Department of Fair Trading. However, if there is no position of Commissioner for Fair Trading within the Department of Commerce, the Director-General of that Department will exercise those functions.
Section 39 (1A) of the Act currently provides that a building or structure on the property of an association (within the meaning of the Act) is to be insured for at least the value of the building or structure indicated by the last valuation obtained for the building or structure.
Item [3] of the proposed amendments substitutes section 39 (1A) to provide that the value of insurance for the building or structure is to be at least the amount determined in accordance with the regulations or, if the regulations do not provide for the determination of such an amount, at least the value of the building or structure indicated by the last valuation obtained for the building or structure in accordance with Division 3 of Part 2 of the Act.
Item [4] of the proposed amendments provides that an application for the mediation of a dispute relating to a community scheme must be accompanied by the fee that is prescribed by the regulations in respect of the application.
Item [5] of the proposed amendments allows the making of regulations for or with respect to fees under the Act or the waiver or refund of any fee under the Act.
1.7 Companion Animals Act 1998 No 87
[1] Section 36 Obligations of owner when notified of proposed dangerous dog declaration
Insert “that is attached to the dog and is held by (or secured to) the person” after “leash” in section 36 (1) (a) (i).
Omit the paragraph. Insert instead:(a) the officer is satisfied that:(i) the requirements of subsection (1) (a) have not been complied with in relation to the dog, or(ii) the dog is not confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, or
Insert after section 36 (3):(3A) An authorised officer may seize a dog under subsection (3) (a) only during the period when subsection (1) (a) applies in respect of the dog.
Insert “in relation to the dog” after “complied with”.
Insert after section 36 (4) (a):(a1) the dog is reasonably capable of being confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, and
[6] Section 38 Authorised officer to notify dog owner of decision and consequences
Insert “if the dog attacks or bites a person or animal without provocation or” after “seized and destroyed” in section 38 (2) (c).
[7] Section 58B Obligations of owner when notified of proposed restricted dog declaration
Omit section 58B (1). Insert instead:(1) If a notice is given under section 58A to the owner of a dog of an authorised officer’s intention to declare the dog to be a restricted dog, the owner must:(a) ensure that at all times when the dog is away from the property where it is ordinarily kept:(i) it is under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and is held by (or secured to) the person, and(ii) it has a muzzle securely fixed on its mouth in such a manner as will prevent it from biting any person or animal, and(b) register the dog (if it is not already registered) within 7 days after receiving the notice.Note. Registration of a dog requires the dog to be microchipped.Maximum penalty: 50 penalty units.
Omit “subsection (1) (a)”. Insert instead “subsection (1) (a) (i)”.
Omit “This section”. Insert instead “Subsection (1) (a) only”.
Omit section 58B (4). Insert instead:(4) An authorised officer may seize a dog that is the subject of a proposed declaration if:(a) the officer is satisfied that:(i) the requirements of subsection (1) (a) have not been complied with in relation to the dog, or(ii) the dog is not confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, or(b) the dog has not been registered as required by subsection (1) (b).(4A) An authorised officer may seize a dog under subsection (4) (a) only during the period when subsection (1) (a) applies in respect of the dog.
Omit the paragraph. Insert instead:(a) a claim for the dog cannot be made under section 64 unless an authorised officer is satisfied that:(i) the requirements of subsection (1) (a) are capable of being complied with in relation to the dog, and(ii) the dog is reasonably capable of being confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, and(iii) the dog has been registered,
[12] Section 58G Power to seize and destroy dangerous or restricted dog in certain circumstances
Omit section 58G (1). Insert instead:(1) Seizing dangerous or restricted dog that attacks
An authorised officer may seize a dangerous or restricted dog if the dog attacks or bites a person or animal (other than vermin) without provocation.(1A) Seizing dangerous dog if certain control requirements not complied with
An authorised officer may seize a dangerous dog if the requirements referred to in section 51 (1) (c), (c1) or (e) are not complied with in relation to the dog on at least 2 separate occasions over any period of 12 months (whether or not each occasion relates to the same requirement).Note. See section 57 (4) for the power to seize a restricted dog for non-compliance with any of the control requirements under section 56.
Omit “subsection (1)” wherever occurring. Insert instead “this section”.
Omit “on the ground referred to in subsection (1) (b)”.Insert instead “under subsection (1A)”.
[15] Section 63 Owner of seized or surrendered animal to be notified
Insert after section 63 (1):(1A) When a surrendered animal (other than an animal surrendered by its owner) comes into the possession of a council pound, the person in charge of the pound is to give notice of the possession of the animal to the person who appears (from the best endeavours of the person in charge to establish who the owner is) to be the owner of the animal. Notice of possession need not be given if those best endeavours fail to establish the name and address of the owner of the animal.
[16] Section 64 Unclaimed seized or surrendered animal may be sold or destroyed
Omit section 64 (1). Insert instead:(1) If a seized animal (including an animal delivered to a council pound under section 63A) or a surrendered animal (other than an animal surrendered by its owner) has not been claimed, the council may sell or destroy the animal:(a) if notice under section 63 (1) or (1A) has been given—after the period of 14 days following the giving of the notice, or(b) if such a notice is not required to be given—after the animal has been held at the council pound for a period of 7 days.
Insert “or surrendered” after “seized” wherever occurring.
Omit the section. Insert instead:64A Animals surrendered by owners may be sold or destroyed
(1) A council may at any time sell or destroy a surrendered animal if the animal was surrendered by its owner to the council pound.(2) Before destroying a surrendered animal as authorised by subsection (1), it is the duty of the council concerned to consider whether there is an alternative action to that of destroying the animal and (if practicable) to adopt any such alternative.(3) This section does not authorise a council to sell a dangerous or restricted dog.
In general, the purpose of the proposed amendments to the Companion Animals Act 1998 (the Act) is to ensure that the provisions of the Act dealing with dangerous dogs and restricted dogs are consistent. Some of the amendments also restate existing provisions of the Act for the purposes of clarification.At present under section 36 of the Act, if the owner of a dog is notified that a council officer intends to declare the dog to be dangerous, the owner must comply with certain interim control requirements, including ensuring that the dog is kept under effective control by means of a chain, cord or leash whenever it is away from the property where it is ordinarily kept. Item [1] of the proposed amendments makes it clear that the chain, cord or leash must be attached to the dog and held by, or secured to, a competent person who has control of the dog when it is away from its property.
Item [2] of the proposed amendments provides that during the time when the interim control requirements under section 36 of the Act apply in respect of a dog that is the subject of a proposed dangerous dog declaration, a council officer may seize the dog if it is not confined, tethered or restrained in such a way as to prevent it from attacking or chasing a person who is lawfully on the property where the dog is ordinarily kept. The amendment is consistent with the existing provisions of section 58B of the Act for seizing a dog that is subject to a proposed restricted dog declaration. Items [3]–[5] are consequential amendments.
Item [6] of the proposed amendments provides that if a council officer declares a dog to be dangerous, the notice advising the owner of the declaration and its consequences must indicate that the dog may be seized and destroyed under section 58G of the Act if it attacks or bites a person or animal without provocation.
At present under section 58B of the Act, if the owner of a dog is notified that a council officer intends to declare the dog to be a restricted dog, the owner must comply with interim control requirements (such as keeping the dog under effective control and muzzling it when it is away from its property). Item [7] of the proposed amendments requires the owner of the dog to also register the dog under the Act (if it is not already registered) within 7 days after receiving the notice. The same requirement currently applies under section 36 of the Act in relation to a proposed dangerous dog declaration.
Items [8]–[11] of the proposed amendments are consequential on the amendment made by item [7].
At present under section 58G of the Act, a council officer may seize a dangerous dog or a restricted dog if the dog attacks or bites a person or animal without provocation or if certain enclosure and muzzling requirements are not complied with on at least 2 separate occasions over a 12-month period. However, section 57 (4) of the Act also provides for a restricted dog to be seized if any of the control requirements (i.e. not just those relating to enclosures and muzzling) under section 56 of the Act are not complied with in relation to the dog on any occasion. Item [12] of the proposed amendments removes the overlap between sections 58G and 57 (4) of the Act when it comes to seizing restricted dogs for non-compliance with the control requirements. Items [13] and [14] are consequential amendments.
Items [15]–[17] of the proposed amendments provide that the existing procedures for notifying the owners of seized animals, and for selling or destroying seized animals after a certain period, will also apply in relation to animals that come into possession of a council pound otherwise than by being surrendered by their owners. In the case of an animal that is surrendered to a council pound by its owner, item [18] restates the existing provision that enables the council to sell or destroy the animal at any time.
1.8 Constitution Act 1902 No 32
Omit “Chairman of Committees” from section 22G (7).Insert instead “Chair of Committees”.
The proposed amendment to the Constitution Act 1902 updates a reference to an office consequent on changes to the Standing Orders of the Legislative Council.
1.9 Contaminated Land Management Act 1997 No 140
Insert after section 92:(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(9) In this section, authorised officer means a person of a class prescribed by the regulations who is authorised in writing by the Director-General as an authorised officer for the purposes of this section.
The proposed amendment to the Contaminated Land Management Act 1997 inserts a standard provision that allows penalty notices to be issued in respect of prescribed penalty notice offences under the Act.
1.10 Conveyancers Licensing Act 2003 No 3
[1] Section 10 Disqualified persons
Omit “a director or person concerned in the management of” wherever occurring in section 10 (2) (c) and (d) (ii) and (3B) (c).Insert instead “concerned in the management of, or a director of,”.
Omit “who at any time in the last 3 years, was a director or person concerned in the management of”.Insert instead “who was, at any time in the last 3 years, concerned in the management of, or a director of,”.
Omit “such a director or person”.Insert instead “such a person or director”.
The proposed amendments to the Conveyancers Licensing Act 2003 (the Act) clarify that a person who is or was a director of an externally-administered body corporate can be a disqualified person for the purposes of the Act whether or not he or she is or was also a person concerned in the management of the body corporate.
1.11 Conveyancing Act 1919 No 6
[1] Section 195A Lodgment of plans and related documents with Registrar-General
Insert “The plan must be lodged with a separate document in the approved form relating to the plan.” after “Division.” in section 195A (1).
[2] Section 195D Signatures and consents
Omit “unless the plan” from section 195D (1).Insert instead “unless the separate document required to be lodged under section 195A with the plan”.
Omit the subsection.
Omit “a particular plan, or to sign an approved form for signatures relating to a particular plan,”.CommencementInsert instead “an approved form relating to a particular plan”.
The amendments to the Conveyancing Act 1919 commence on a day or days to be appointed by proclamation.
The proposed amendments to the Conveyancing Act 1919 (the Act) provide for a separate document in the approved form to be lodged with any plan required to be registered and lodged with the Registrar-General under section 195A of the Act. The amendments will enable all signatures and consents required for lodging plans to be endorsed on that separate document.
1.12 Crimes at Sea Act 1998 No 173
[1] Schedule 1 The Cooperative Scheme
Omit the definition of Area A of the Zone of Cooperation from clause 1 (1).
Insert in alphabetical order:Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003 (Commonwealth).
[3] Schedule 1, clauses 10 and 14 (3) (b) and (4) (a) (ii)
Omit “Area A of the Zone of Cooperation” wherever occurring.Insert instead “the Joint Petroleum Development Area”.
Omit “Schedule 2 to the Petroleum (Submerged Lands) Act 1967” wherever occurring.Insert instead “Schedule 1 to the Offshore Petroleum Act 2006”.
[5] Schedule 1, clause 14 (2) (b)
Omit “subsection (7) of section 5A of the Petroleum (Submerged Lands) Act 1967”.Insert instead “section 7 (2) of the Offshore Petroleum Act 2006”.
[6] Schedule 1, clause 14 (4) (b)
Omit “adjacent area”. Insert instead “offshore area”.
[7] Schedule 1, clause 14 (4) (b)
Omit “subsection (3) of section 5A of the Petroleum (Submerged Lands) Act 1967”.Insert instead “section 7 (1) of the Offshore Petroleum Act 2006”.
Insert after clause 14 (5):(6) A reference in this clause to the area described in Schedule 1 to the Offshore Petroleum Act 2006 (Commonwealth) in relation to a State or Territory is a reference to the scheduled area for that State or Territory within the meaning given by that Schedule.
Omit “Area A of the Zone of Cooperation” from the legend of the map.CommencementInsert instead “Joint Petroleum Development Area”.
Items [4]–[8] of the amendments to the Crimes at Sea Act 1998 commence:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
Items [4]–[8] of the proposed amendments to the Crimes at Sea Act 1998 are consequential on the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the Commonwealth.Items [1]–[3] and [9] of the proposed amendments are consequential on the repeal of the Petroleum (Timor Gap Zone of Cooperation) Act 1990 of the Commonwealth and the enactment of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth.
1.13 Criminal Procedure Act 1986 No 209
Schedule 1 Indictable offences triable summarily
Omit “(Submerged Lands)” from clause 23 of Table 1.CommencementInsert instead “(Offshore)”.
The amendment to the Criminal Procedure Act 1986 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
The proposed amendment to the Criminal Procedure Act 1986 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
1.14 Crown Lands Act 1989 No 6
[1] Section 34A Special provisions relating to Minister’s powers over Crown reserves
Insert after section 34A (6):(6A) Nothing in this section affects the operation of section 35.
[2] Section 48 Restrictions on transfer of licences
Insert after section 48 (2):(3) This section does not apply in relation to a licence authorising the use or occupation of Crown land for the purposes of constructing, operating or maintaining telecommunications infrastructure.
Item [1] of the proposed amendments to the Crown Lands Act 1989 (the Act) makes it clear that when the Minister grants a lease, licence, permit or easement in respect of a Crown reserve the Minister will still be required to assess the land under Part 3 of the Act.Section 48 of the Act currently provides that a licence granted by the Minister and authorising the use or occupation of Crown land for any purpose can only be transferred if the conditions of the licence permit the transfer and the licence is transferred to the owner or holder of land that benefits from the licence. Item [2] of the proposed amendments provides the restrictions imposed by section 48 in relation to the transfer of licences will not apply to a licence authorising the use or occupation of Crown land for the purposes of telecommunications infrastructure.
1.15 Crown Lands (Continued Tenures) Act 1989 No 7
Schedule 7, clause 15A (Payment of purchase price if application made on or after 1 July 2004)
Insert after clause 15A (2):(2A) However, the Minister may allow the purchase price to be paid by instalments on any basis that the Minister determines is appropriate. This subclause extends to any application for purchase that is pending as at the commencement of this subclause.
The proposed amendment to the Crown Lands (Continued Tenures) Act 1989 allows the purchase price of land in respect of an application for purchase of land held under a lease under that Act (including pending applications) to be paid by instalments instead of in full.
1.16 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:Contaminated Land Management Act 1997, section 92A
The proposed amendment to the Fines Act 1996 provides for the enforcement of penalty notices issued under section 92A of the Contaminated Land Management Act 1997 and is consequential on the insertion of that section by an amendment made elsewhere in this Schedule.
1.17 Fisheries Management Act 1994 No 38
[1] Section 197B Mining in aquatic reserve prohibited
Omit “(Submerged Lands)” from section 197B (2).Insert instead “(Offshore)”.
[2] Section 215 Purpose of Division
Omit “adverse affect”. Insert instead “adverse effect”.Commencement
Item [1] of the amendments to the Fisheries Management Act 1994 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
Item [1] of the proposed amendments to the Fisheries Management Act 1994 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.Item [2] of the proposed amendments corrects a typographical error.
1.18 Freedom of Information Act 1989 No 5
Omit “chairman” from section 8 (3) (a) (iii). Insert instead “Chair”.
[2] Section 15A Disclosure of government contracts with the private sector
Omit “https//tenders.nsw.gov.au” from section 15A (7) (a).Insert instead “https://tenders.nsw.gov.au”.
Item [1] of the proposed amendments to the Freedom of Information Act 1989 changes a reference to an office to ensure consistent titles are used across all parliamentary committees.Item [2] of the proposed amendments corrects a reference.
1.19 Growth Centres (Development Corporations) Act 1974 No 49
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
[2] Section 6 Provisions relating to constitution and procedure of development corporation
Insert at the end of section 6 (1) (b):, and
(c) if a person is appointed under subsection (1A) (a) as the chief executive—the Director-General or, in the absence of the Director-General, a person nominated by the Director-General.
[3] Schedule 2 Provisions relating to the constitution and procedure of development corporations
Insert before clause 1:1A Application of Schedule to Director-General and nominee
This Schedule (other than clause 9 (2)) applies to and in respect of a person who is a member of a development corporation under section 6 (1) (c) in the same way as this Schedule applies to and in respect of a chief executive.
Omit “appointed members”.Insert instead “members appointed by the Governor”.
Item [1] of the proposed amendments to the Growth Centres (Development Corporations) Act 1974 clarifies the status of notes.Item [2] of the proposed amendments provides for the Director-General of the Department of Planning (or a nominee of the Director-General in the Director-General’s absence) to be a member of a development corporation if a person other than the Director-General has been appointed by the Minister for Planning as the chief executive of the development corporation. In cases where a person is not appointed as the chief executive, the Director-General is the chief executive and therefore a member of the development corporation.
Item [3] of the proposed amendments provides that where the Director-General or person nominated by the Director-General does become such a member, the provisions of Schedule 2 (Provisions relating to the constitution and procedure of development corporations) apply to the Director-General or nominee in the same way that those provisions apply to a chief executive of a development corporation. For example, the Director-General or nominee is not entitled to remuneration and cannot preside at meetings of the development corporation. Also the provisions of Schedule 2 relating to terms of office, the application of the Public Sector Employment and Management Act 2002, vacation of office and filling of vacancies do not apply to the Director-General or nominee.
Item [4] of the proposed amendments clarifies that the Chairperson of a development corporation is to be one of the members appointed by the Governor.
1.20 Health Care Complaints Act 1993 No 105
[1] Sections 69, 70 (4)–(6) and 72 (8)
Omit “Chairman” wherever occurring. Insert instead “Chair”.
[2] Sections 69 and 70 (4)–(6)
Omit “Vice-Chairman” wherever occurring.Insert instead “Deputy Chair”.
The proposed amendments to the Health Care Complaints Act 1993 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
1.21 Home Building Act 1989 No 147
Omit “It includes any work declared by the regulations to be roof plumbing work.” from the definition of plumbing work in section 3 (1).
Omit the section. Insert instead:37 Restrictions on certain authorities
An endorsed contractor licence or a supervisor or tradesperson certificate does not authorise its holder to do or supervise specialist work merely because it authorises its holder to do or supervise residential building work.
The proposed amendments to the Home Building Act 1989 (the Act) remove redundant references to roof plumbing work from the definition of plumbing work in section 3 (1) and from section 37 of the Act. The definitions of residential building work and specialist work in section 3 (1) of the Act fully address the relationship of roof plumbing work to plumbing work for the purposes of the Act.
1.22 Independent Commission Against Corruption Act 1988 No 35
[1] Sections 67, 68 (4)–(6) and 70 (5)
Omit “Chairman” wherever occurring. Insert instead “Chair”.
[2] Sections 67 and 68 (4)–(6)
Omit “Vice-Chairman” wherever occurring.Insert instead “Deputy Chair”.
[3] Section 104 Appointment of staff
Omit “persons’ capacity” from section 104 (3) (b).Insert instead “person’s capacity”.
Items [1] and [2] of the proposed amendments to the Independent Commission Against Corruption Act 1988 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.Item [3] of the proposed amendments corrects a typographical error.
1.23 Interpretation Act 1987 No 15
Omit “is described under the heading referring to the State in Schedule 2 to the” from the definition of adjacent area in respect of the State.CommencementInsert instead “was described under the heading referring to the State in Schedule 2 to the repealed”.
The amendment to the Interpretation Act 1987 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
The proposed amendment to the Interpretation Act 1987 is consequential on the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the Commonwealth.
1.24 Legislation Review Act 1987 No 165
Omit the definitions of Chairman and Vice-Chairman from section 3 (1).Insert in alphabetical order:
Chair means the Chair of the Committee.
Deputy Chair means the Deputy Chair of the Committee.
[2] Sections 7, 8 (4)–(6) and 12 (5)
Omit “Chairman” wherever occurring. Insert instead “Chair”.
Omit “Vice-Chairman” wherever occurring.Insert instead “Deputy Chair”.
The proposed amendments to the Legislation Review Act 1987 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
1.25 Local Government Act 1993 No 30
Section 633 Bathing (including nude bathing) and other water-based recreational activities
Omit “Marine Safety Act 1998” from section 633 (4C).Insert instead “Ports and Maritime Administration Act 1995”.
The proposed amendment to the Local Government Act 1993 replaces a reference in section 633 (4C) of that Act to a vessel within the meaning of the Marine Safety Act 1998 with a reference to a vessel within the meaning of the Ports and Maritime Administration Act 1995. Both those Acts have a similar definition of vessel. However, the amendment will mean that the Minister for Ports and Waterways will be able to delegate his or her functions under that subsection to an authorised person. This is because section 27 (1) (b) of the Ports and Maritime Administration Act 1995 permits the Minister to delegate any function conferred by or under any Act on the Minister in his or her capacity as the Minister administering the Ports and Maritime Administration Act 1995. No such power to delegate the Minister’s functions is contained in the Marine Safety Act 1998.
1.26 Marine Parks Act 1997 No 64
Section 18 Mining in marine parks prohibited
Omit “(Submerged Lands)” from section 18 (2).CommencementInsert instead “(Offshore)”.
The amendment to the Marine Parks Act 1997 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
The proposed amendment to the Marine Parks Act 1997 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
[1] Section 78 Inclusion of petroleum in mining lease
Omit “(Submerged Lands)” from section 78 (4) (a).Insert instead “(Offshore)”.
[2] Section 186 Colliery holdings
Omit “chief inspector of coal mines”.CommencementInsert instead “Chief Inspector appointed under the Coal Mine Health and Safety Act 2002”.
Item [1] of the amendments to the Mining Act 1992 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
Item [1] of the proposed amendments to the Mining Act 1992 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.Item [2] of the proposed amendments updates a reference to an office.
1.28 Motor Dealers Act 1974 No 52
[1] Section 10 Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
Omit section 10 (3) (b). Insert instead:(b) an application for restoration of a licence under section 10 of that Act may be made only in respect of a licence that is cancelled under section 20 (7) of this Act, and any such application may not be made more than 3 months after the date on which the licence is cancelled.
[2] Section 12 Grounds on which application to be granted or refused
Omit “or experience (if any)” from section 12 (4) (e).
[3] Section 20 Annual fee and annual statement
Omit section 20 (7A) and (7B).
Section 10 (3) (b) of the Motor Dealers Act 1974 (the Act) currently provides that an application for the restoration of a licence under the Act may not be made more than 3 months after the date on which the licence “expires”. However, section 19 (1) of the Act makes it clear that a licence does not expire, it continues in force until, pursuant to the provisions of the Act, it is surrendered or cancelled or ceases to have effect.Item [1] of the proposed amendments clarifies the intended effect of section 10 (3) (b) by providing that a person may make an application for restoration of a licence under section 10 of the Licensing and Registration (Uniform Procedures) Act 2002 only in respect of a licence that is cancelled under section 20 (7) of the Act (failure to pay an annual fee or lodge an annual statement). Any such application may not be made more than 3 months after the date on which the licence is cancelled.
Item [2] of the proposed amendments removes experience as a qualification for a director of a corporation that applies for a licence under the Act. Directors are now required to have prescribed qualifications or have sufficient knowledge or expertise to carry on a business pursuant to the authority that would be conferred by the licence if it were granted. This brings this requirement into line with the equivalent requirement for a natural person who applies for a licence.
Item [3] of the proposed amendments omits provisions consequential on the amendment made by item [1].
1.29 National Parks and Wildlife Act 1974 No 80
Sections 39 (4), 41 (2), 47H (4), 47J (2) and 47MA (3)
Omit “(Submerged Lands)” wherever occurring. Insert instead “(Offshore)”.Commencement
The amendment to the National Parks and Wildlife Act 1974 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
The proposed amendment to the National Parks and Wildlife Act 1974 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
1.30 Occupational Health and Safety Act 2000 No 40
Omit “(Submerged Lands)” from paragraph (b) of the definition of mining workplace (as inserted by Schedule 2 [3] to the Mine Health and Safety Act 2004).Insert instead “(Offshore)”.
[2] Section 107A Time for instituting proceedings—special provision for work incident notification
Omit “Coal Mines Regulation Act 1982 applies—to section 86” from section 107A (6) (b).CommencementInsert instead “Coal Mine Health and Safety Act 2002 applies—to section 110”.
Item [1] of the amendments to the Occupational Health and Safety Act 2000 commences:
(a) if both Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth and Schedule 2 [3] to the Mine Health and Safety Act 2004 commence on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act and Schedule 2 [3] to the Mine Health and Safety Act 2004 commences on or before the day on which that Chapter commences—on the day on which that Chapter commences, or
(c) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act and Schedule 2 [3] to the Mine Health and Safety Act 2004 commences after the day on which that Chapter commences—on the day on which Schedule 2 [3] to the Mine Health and Safety Act 2004 commences.
Item [1] of the proposed amendments to the Occupational Health and Safety Act 2000 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.Item [2] of the proposed amendments updates a reference to a repealed Act.
1.31 Occupational Health and Safety Regulation 2001
Omit “(Submerged Lands)” wherever occurring from the definitions of pressure piping and pressure vessel.CommencementInsert instead “(Offshore)”.
The amendment to the Occupational Health and Safety Regulation 2001 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
The proposed amendment to the Occupational Health and Safety Regulation 2001 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
1.32 Offshore Minerals Act 1999 No 42
[1] Section 3 Commonwealth–State agreement (the Offshore Constitutional Settlement)
Omit “Petroleum (Submerged Lands) Act 1967” and “Petroleum (Submerged Lands) Act 1982” wherever occurring (including the notes).Insert instead “Offshore Petroleum Act 2006” and “Petroleum (Offshore) Act 1982” respectively.
[2] Section 35 Act does not apply to exploration for or recovery of petroleum
Omit “Petroleum (Submerged Lands) Act 1967” and “Petroleum (Submerged Lands) Act 1982” from note 2.CommencementInsert instead “Offshore Petroleum Act 2006” and “Petroleum (Offshore) Act 1982” respectively.
The amendments to the Offshore Minerals Act 1999 commence:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
The proposed amendments to the Offshore Minerals Act 1999 are consequential on:(a) the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the Commonwealth, and(b) the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
[1] Sections 31E, 31F (4)–(6) and 31H (5)
Omit “Chairperson” wherever occurring. Insert instead “Chair”.
[2] Sections 31E and 31F (4)–(6)
Omit “Vice-Chairperson” wherever occurring.Insert instead “Deputy Chair”.
The proposed amendments to the Ombudsman Act 1974 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
1.34 Parliamentary Contributory Superannuation Act 1971 No 53
Section 19 Members’ superannuation benefit
Omit “Chairman” from section 19 (4) (a) (ii). Insert instead “Chair”.
The proposed amendment to the Parliamentary Contributory Superannuation Act 1971 changes a reference to an office to ensure consistency with the Parliamentary Remuneration Act 1989.
1.35 Parliamentary Evidence Act 1901 No 43
Omit “chairman” wherever occurring. Insert instead “Chair”.
[2] Section 6 Expenses of witnesses
Omit “Chairman” from section 6 (2). Insert instead “Chair”.
The proposed amendments to the Parliamentary Evidence Act 1901 change references to the presiding officers of a parliamentary committee to reflect the changes to the titles of those offices.
1.36 Parliamentary Remuneration Act 1989 No 160
[1] Schedule 1 Additional salaries and expense allowances
Omit the matter relating to the Chairperson of the joint Committee on the Office of the Valuer-General from Part 2.
Omit “Chairman” and “Chairperson” wherever occurring.Insert instead “Chair”.
Item [1] of the proposed amendments to the Parliamentary Remuneration Act 1989 omits a redundant reference to a Committee that no longer exists.Item [2] of the proposed amendments changes references to certain presiding officers of parliamentary committees to reflect the changes to the titles of those offices made by proposed amendments elsewhere in this Schedule and to ensure that consistent titles are used across all parliamentary committees.
1.37 Pesticides Act 1999 No 80
Omit section 22 (3). Insert instead:(2A) No fee is payable in relation to the revocation or variation of a clean-up notice.(3) The Environment Protection Authority may, on the application of a person to whom subsection (2) applies, extend the time for payment of the fee.(3A) The Environment Protection Authority may waive payment of the whole or any part of the fee.
Omit section 27 (3). Insert instead:(2A) No fee is payable in relation to the revocation or variation of a prevention notice.(3) The Environment Protection Authority may, on the application of a person to whom subsection (2) applies, extend the time for payment of the fee.(3A) The Environment Protection Authority may waive payment of the whole or any part of the fee.
The proposed amendments to the Pesticides Act 1999 make it clear that a fee is not payable under sections 22 and 27 of that Act in respect of a revocation or variation of a clean-up notice or a prevention notice. The proposed amendments also permit the Environment Protection Authority to waive payment of the whole or any part of the fees in respect of those notices without an application being made for such a waiver.
1.38 Petroleum (Onshore) Act 1991 No 84
Omit “(Submerged Lands)” from the definition of onshore area in section 3 (1).CommencementInsert instead “(Offshore)”.
The amendment to the Petroleum (Onshore) Act 1991 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
The proposed amendment to the Petroleum (Onshore) Act 1991 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
1.39 Petroleum (Submerged Lands) Act 1982 No 23
Omit “(Submerged Lands)”. Insert instead “(Offshore)”.
Omit “Petroleum (Submerged Lands) Act 1967” from the definition of the Commonwealth Act in section 5 (1).Insert instead “Offshore Petroleum Act 2006”.
Omit “adjacent”. Insert instead “offshore”.
Omit the section. Insert instead:In this Part, the Commonwealth offshore area means the offshore area for New South Wales for the purposes of the Commonwealth Act.
Omit “adjacent” wherever occurring. Insert instead “offshore”.
[6] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule (with appropriate Part and clause numbering):CommencementPart Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2007
Reference to Petroleum (Submerged Lands) Act 1982
A reference in any other Act (other than the Statute Law (Miscellaneous Provisions) Act 2007), in any instrument made under another Act, or in any document of any kind, to the Petroleum (Submerged Lands) Act 1982 of this State is to be read as a reference to the Petroleum (Offshore) Act 1982.
The amendments to the Petroleum (Submerged Lands) Act 1982 commence:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
The proposed amendments to the Petroleum (Submerged Lands) Act 1982:(a) rename the Petroleum (Submerged Lands) Act 1982 of New South Wales as the Petroleum (Offshore) Act 1982, and(b) make other amendments that are consequential on the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the Commonwealth.
1.40 Petroleum (Submerged Lands) Regulation 2006
[1] Clause 1 Name of Regulation
Omit “(Submerged Lands)”. Insert instead “(Offshore)”.
Omit “(Submerged Lands)” from the definition of the Act in clause 3 (1).Insert instead “(Offshore)”.
[3] Schedule 2 Form of instrument of transfer
Omit “(Submerged Lands)”. Insert instead “(Offshore)”.Commencement
The amendments to the Petroleum (Submerged Lands) Regulation 2006 commence:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
The proposed amendments to the Petroleum (Submerged Lands) Regulation 2006 (which include an amendment renaming the Regulation) are consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Omit “(Submerged Lands)” from the definition of pipeline in section 3 (1).CommencementInsert instead “(Offshore)”.
The amendment to the Pipelines Act 1967 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
The proposed amendment to the Pipelines Act 1967 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Section 82E Transfer of non-executive administrative officers
Omit “lowest” from section 82E (2) (b). Insert instead “lower”.
Section 67 of the Police Act 1990 was omitted by the Police Amendment (Police Promotions) Act 2006 and replaced by section 82E. Section 67 of the Police Act 1990 provided that the Commissioner may transfer a non-executive officer from one non-executive position to another. If the position to which the officer was transferred entitled its holder to a lower level of remuneration, the officer must have consented to the transfer at the lower level of remuneration. Section 82E of the Police Act 1990 provides that the Commissioner may transfer a non-executive administrative officer from one non-executive administrative officer position to another non-executive administrative officer position or non-executive police officer position. If the position to which the officer is transferred entitles its holder to a lower level of remuneration, the officer must consent to the transfer at the lowest level of remuneration.The proposed amendment changes the reference to “lowest” level of remuneration in section 82E in line with the repealed section 67 so that a transfer need not be made at the lowest level of remuneration for the position.
1.43 Prevention of Cruelty to Animals Act 1979 No 200
Section 12 Certain procedures not to be performed on animals
Insert in alphabetical order in section 12 (3):dock the tail of an animal means to remove all or part of the tail of the animal (other than a part of the tail consisting only of fur, hair, feathers or the like) whether by surgical or other means.
The proposed amendment to the Prevention of Cruelty to Animals Act 1979 clarifies that the prohibition on docking an animal’s tail extends to non-surgical means of docking a tail such as with a rubber band.
1.44 Property, Stock and Business Agents Act 2002 No 66
[1] Section 8 Agents required to be licensed
Insert “or a real estate agent’s licence” after “manager’s licence” in section 8 (1) (e).
[2] Section 14 Eligibility for licence or certificate of registration
Omit section 14 (2) (c). Insert instead:(c) the corporation, and each officer (within the meaning of the Corporations Act) of the corporation, is not a disqualified person, and
[3] Section 16 Disqualified persons
Insert “or has failed to lodge a statutory declaration as required by section 113,” after “person under this Act,” in section 16 (1) (o).
[4] Section 16 (1A) (c) and (d) (ii) and (2B) (c)
Omit “a director or person concerned in the management of” wherever occurring.Insert instead “concerned in the management of, or a director of,”.
Omit “who at any time in the last 3 years, was a director or person concerned in the management of”.Insert instead “who was, at any time in the last 3 years, concerned in the management of, or a director of,”.
Omit “such a director or person”.Insert instead “such a person or director”.
Item [1] of the proposed amendments to the Property, Stock and Business Agents Act 2002 (the Act) makes it clear that the holder of a real estate agent’s licence can carry on the business of an on-site residential property manager without the need to also hold an on-site residential property manager’s licence.Item [2] of the proposed amendments amends section 14 (2) (c) of the Act to provide that a corporation will be ineligible to hold a corporation licence if it is a disqualified person or if any officer of the corporation is a disqualified person (currently a corporation is ineligible to hold a corporation licence only if an officer of the corporation is a disqualified person).
Item [3] of the proposed amendments provides that a person is a disqualified person for the purposes of the Act if the person has failed to lodge a statutory declaration as required by section 113 of the Act, unless the Director-General determines that in the circumstances that failure should not disqualify the person.
Items [4]–[6] of the proposed amendments clarify that a director of an externally-administered body corporate can be a disqualified person for the purposes of the Act whether or not he or she is also a person concerned in the management of the body corporate.
1.45 Public Finance and Audit Act 1983 No 152
[1] Section 33G Delegation of Auditor-General’s functions
Omit “this Division”. Insert instead “this or any other Act”.
[2] Section 48A Review of Audit Office
Omit “Chairman” wherever occurring in section 48A (12) and (13).Insert instead “Chair”.
Omit the definitions of Chairman and Vice-Chairman.Insert in alphabetical order:
Chair means the Chair of the Committee.
Deputy Chair means the Deputy Chair of the Committee.
[4] Sections 55, 56 (4)–(6) and 58 (6)
Omit “Chairman” wherever occurring. Insert instead “Chair”.
[5] Sections 55 and 56 (4)–(6)
Omit “Vice-Chairman” wherever occurring.Insert instead “Deputy Chair”.
Omit “as chairman for”. Insert instead “to chair”.
At present under section 33G of the Public Finance and Audit Act 1983, the Auditor-General may delegate his or her employment related functions to a member of staff of the Audit Office. Item [1] of the proposed amendments extends this power of delegation to the Auditor-General’s audit related functions.Items [2]–[6] of the proposed amendments to the Public Finance and Audit Act 1983 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
1.46 Public Works Act 1912 No 45
[1] Sections 14, 15 (1), 21 (b) and (d), 22, 25 (3), 29 (a) and 30
Omit “chairperson” wherever occurring. Insert instead “Chair”.
[2] Sections 14, 21 (b) and (d), 22 (1) and (2), 25 (3) and 30
Omit “vice-chairperson” wherever occurring.Insert instead “Deputy Chair”.
Omit “chairperson’s” wherever occurring. Insert instead “Chair’s”.
Omit “Chairperson” wherever occurring. Insert instead “Chair”.
Omit “Vice-Chairperson” wherever occurring.Insert instead “Deputy Chair”.
The proposed amendments to the Public Works Act 1912 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
1.47 Road Transport (Safety and Traffic Management) Act 1999 No 20
[1] Section 6 Application of Commonwealth Acts Interpretation Act
Insert “(whether with or without modifications)” after “apply” in section 6 (1).
[2] Section 57B Photographic evidence of public transport lane offences
Insert “or rules” after “regulations” wherever occurring in paragraph (c) of the definition of public transport lane offence in section 57B (1).
[3] Schedule 1 Regulation-making powers
Insert after clause 9:10 Updating references to outdated or incorrect references to Australian Road Rules or Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999
(1) The repeal or amendment of any reference to the Australian Road Rules or the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 (or a provision of those Rules or the Regulation) in any Act or statutory rule that is a reference that is (or will become) out of date or otherwise incorrect by reason of the repeal, amendment, renumbering, renaming or remaking of those Rules or the Regulation (or a provision of those Rules or the Regulation).(2) This clause expires on 1 September 2008.Note. The Australian Road Rules were incorporated into the law of New South Wales by clause 6 of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 on and from 1 December 1999. Clause 6 provided that, subject to that Regulation, the Australian Road Rules were to be read with, and as if they formed part of, that Regulation.
Clause 5 of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 (the Regulation) defines the Australian Road Rules to mean that part of the publication known as the Australian Road Rules, ISBN 0 7240 8874 1, published by the National Road Transport Commission on 19 October 1999 that comprises the road rules approved by the Australian Transport Council under the National Road Transport Commission Act 1991 of the Commonwealth on 29 January 1999 (together with the amendments to those rules approved by the Council on 30 June 1999 and 11 October 1999).This version of the Australian Road Rules is incorporated into the law of New South Wales by clause 6 of the Regulation. Clause 6 provides that, subject to that Regulation, the Australian Road Rules are to be read with, and as if they formed part of, the Regulation.
The Roads and Traffic Authority is currently undertaking the task of consolidating all of the road rules applicable in New South Wales into a single set of Rules. This will involve, among other things, the repeal of those provisions of the Regulation that give effect to the Australian Road Rules. The intention is for all of the road rules to be set out in full instead of being incorporated into the law of New South Wales by reference (as is currently the case).
The amendments that are proposed to be made to the Road Transport (Safety and Traffic Management) Act 1999 (the Act) will facilitate this process of consolidation.
Item [1] of the amendments confirms that regulations made under the Act may apply the provisions of the Acts Interpretation Act 1901 of the Commonwealth to the interpretation of the Act or the regulations (or instruments made under them) either with or without modification.
Item [2] of the amendments confirms that offences against rules made under the Act may be prescribed as public transport lane offences for the purposes of section 57B of the Act.
Item [3] of the amendments enables regulations made under that Act to amend Acts and statutory rules for the purpose of updating or omitting references to the Australian Road Rules or the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999. The proposed new road rules regime will render many provisions in the New South Wales statute book out of date. The proposed regulation-making power will therefore enable these outdated references to be updated or omitted at the same time as the new road rules regime commences. The power to make such regulations will cease on 1 September 2008.
1.48 Strata Schemes (Freehold Development) Act 1973 No 68
[1] Section 8 Registration of strata plans
Omit “The location plan must include” from section 8 (2).Insert instead “The plan must be lodged with a separate document in the approved form that includes”.
Omit “The location plan must also”.Insert instead “The document must also”.
[3] Section 8A Subdivision of development lot
Omit “The location plan must include” from section 8A (3).Insert instead “The plan must be lodged with a separate document in the approved form that includes”.
Omit “The location plan must also”.Insert instead “The document must also”.
[5] Section 9 Subdivision of lots and common property
Omit “any location plan” from section 9 (3) (c1).Insert instead “it is lodged with a separate document in the approved form that”.
[6] Section 12 Consolidation of lots
Insert “The plan must be lodged with a separate document in the approved form relating to the plan.” after “consolidation.”.
[7] Section 14 Alteration of building affecting lot boundary
Insert after section 14 (1):(1A) The plan must be lodged with a separate document in the approved form relating to the plan.
[8] Section 16 Strata plans to be signed or consented to
Omit “unless the plan” from section 16 (1).Insert instead “unless the separate document required to be lodged under this Division with the plan”.
Omit the subsection.
Omit “the plan”.CommencementInsert instead “the separate document required to be lodged with the plan”.
The amendments to the Strata Schemes (Freehold Development) Act 1973 commence on a day or days to be appointed by proclamation.
Items [1]–[5] of the proposed amendments to the Strata Schemes (Freehold Development) Act 1973 require certain information currently included in a plan intended to be registered as a strata plan or a strata plan of subdivision to be included instead in a separate document lodged with the plan.Items [6] and [7] of the proposed amendments provide for a separate document to be lodged with a strata plan of consolidation or a building alteration plan.
Items [8]–[10] of the proposed amendments will enable all signatures and consents required for lodging plans with the Registrar-General to be endorsed on those separate documents.
1.49 Strata Schemes (Leasehold Development) Act 1986 No 219
[1] Section 7 Registration of strata plans
Omit “The location plan must include” from section 7 (2A).Insert instead “The plan must be lodged with a separate document in the approved form that includes”.
Omit “The location plan must also”.Insert instead “The document must also”.
[3] Section 10 Subdivision of development lot
Omit “The location plan must include” from section 10 (3).Insert instead “The plan must be lodged with a separate document in the approved form that includes”.
Omit “The location plan must also”.Insert instead “The document must also”.
[5] Section 11 Subdivision of lots and common property
Omit “any location plan” from section 11 (2) (c1).Insert instead “it is lodged with a separate document in the approved form that”.
[6] Section 15 Consolidation of lots
Insert “The plan must be lodged with a separate document in the approved form relating to the plan.” after “consolidation.”.
[7] Section 17 Alteration of building affecting lot boundary
Insert after section 17 (1):(1A) The plan must be lodged with a separate document in the approved form relating to the plan.
[8] Section 19 Strata plans to be signed or consented to
Omit “unless the plan” from section 19 (1).Insert instead “unless the separate document required to be lodged under section 7 (2A) with the plan”.
Omit “unless the plan”.Insert instead “unless the separate document required to be lodged under this Division with the plan”.
Omit the subsection.
Omit “the plan”.CommencementInsert instead “the separate document required to be lodged with the plan”.
The amendments to the Strata Schemes (Leasehold Development) Act 1986 commence on a day or days to be appointed by proclamation.
Items [1]–[5] of the proposed amendments to the Strata Schemes (Leasehold Development) Act 1986 require certain information currently included in a plan intended to be registered as a strata plan or a strata plan of subdivision to be included instead in a separate document lodged with the plan.Items [6] and [7] of the proposed amendments provide for a separate document to be lodged with a strata plan of consolidation or a building alteration plan.
Items [8]–[11] of the proposed amendments will enable all signatures and consents required for lodging plans with the Registrar-General to be endorsed on those separate documents.
1.50 Subordinate Legislation Act 1989 No 146
[1] Section 10 Staged repeal of statutory rules
Omit section 10 (3).
Omit “2007”. Insert instead “2008”.
Insert after section 10 (4) (b):(b1) the Parking Space Levy Regulation 1997,
The Subordinate Legislation Act 1989 (the Act) provides for the automatic repeal of statutory rules. The repeal takes effect on the fifth anniversary of the date on which the statutory rule was published (in the case of a statutory rule published on 1 September in any year) or on 1 September following the fifth anniversary of the date on which it was published (in any other case)—see section 10 (2) of the Act. Unless it is intended to allow the statutory rule to lapse, a statutory rule that is due for repeal under the Act is usually remade in advance of the repeal date.Section 11 of the Act permits the repeal of a statutory rule to be postponed, by order of the Governor, for a period of one year. However, the repeal of a particular statutory rule cannot be postponed on more than five occasions.
Items [2] and [3] of the proposed amendments have the effect of keeping the Day Procedure Centres Regulation 1996, the Liquor Regulation 1996, the Parking Space Levy Regulation 1997, the Private Hospitals Regulation 1996 and the Registered Clubs Regulation 1996 in force for a further period of one year after the date on which they would otherwise be repealed by the Act. However, any of the Regulations may be sooner repealed by other legislation.
This is necessary as the Regulations have each been postponed on five occasions, and are now due to be repealed on 1 September 2007. However, proposed legislative reforms involving the repeal and re-enactment of the Private Hospitals and Day Procedure Centres Act 1988 and the Liquor Act 1982, and extensive amendments to the Registered Clubs Act 1976, resulting from a National Competition Policy review of those 3 Acts and the NSW Summit on Alcohol Abuse 2003 will have a substantial impact on the matters dealt with by the Regulations made under those 3 Acts. In addition, a review is being undertaken of the Parking Space Levy Act 1992 and this is likely to result in changes to that Act and the Regulation. In view of these matters, there seems little point in remaking the Regulations. On the other hand, it is desirable to keep the current regulatory schemes of the Regulations in place until such time as replacement provisions come into force under new or revised legislation.
Item [1] of the proposed amendments repeals a redundant subsection.
1.51 Threatened Species Conservation Act 1995 No 101
[1] Section 127ZK Application for biobanking statement in respect of development
Omit “an approved form” from section 127ZK (2).Insert instead “a form approved by the Director-General”.
[2] Schedule 1 Endangered species, populations and ecological communities
Insert an asterisk before the following italicised entries (appearing under the following headings) in Part 1:Animals
Vertebrates
Amphibians
Hylidae
Litoria aurea (Lesson, 1829)
Green and Golden Bell Frog
Litoria raniformis (Keferstein, 1867)
Southern Bell Frog
Litoria verreauxii alpina (Fry, 1915)
Alpine Tree Frog
Myobatrachidae
Mixophyes balbus Straughan, 1968
Stuttering Frog
Mixophyes fleayi Corben & Ingram, 1987
Fleay’s Barred Frog
Reptiles
Scincidae
Anomalopus mackayi Greer & Cogger, 1985
Five-clawed Worm-skink
Elapidae
Hoplocephalus bungaroides (Schlegel, 1837)
Broad-headed Snake
Birds
Megapodiidae
Leipoa ocellata Gould, 1840
Malleefowl
Diomedeidae
Diomedea exulans Linnaeus, 1758
Wandering Albatross
Accipitridae
Erythrotriorchis radiatus (Latham, 1801)
Red Goshawk
Turnicidae
Turnix melanogaster (Gould, 1837)
Black-breasted Button-quail
Pedionomidae
Pedionomus torquatus Gould, 1840
Plains-wanderer
Columbidae
Geophaps scripta (Temminck, 1821)
Squatter Pigeon
Psittacidae
Neophema chrysogaster (Latham, 1790)
Orange-bellied Parrot
Polytelis anthopeplus monarchoides Schodde, 1993
Regent Parrot (eastern subspecies)
Maluridae
Amytornis barbatus barbatus, Favaloro & McEvey, 1968
Grey Grasswren
Amytornis textilis modestus (North, 1902)
Thick-billed Grasswren (eastern subspecies)
Pachycephalidae
Pachycephala rufogularis Gould, 1841
Red-lored Whistler
Passeridae
Poephila cincta cincta (Gould, 1837)
Black-throated Finch (southern subspecies)
Mammals
Peramelidae
Isoodon obesulus obesulus (Shaw, 1797)
Southern Brown Bandicoot (eastern)
Burramyidae
Burramys parvus Broom, 1896
Mountain Pygmy-possum
Macropodidae
Petrogale xanthopus Gray, 1855
Yellow-footed Rock-wallaby
Invertebrates
Molluscs
Bulimulidae
Placostylus bivaricosus (Gaskoin, 1855)
a land snail
Camaenidae
Thersites mitchellae (Cox, 1864)
a land snail
Arthropoda
Insecta
Lepidoptera
Castniidae
Synemon plana Walker, 1854
Golden Sun Moth
Lycaenidae
Paralucia spinifera Edwards and Common, 1978
Bathurst Copper Butterfly
Phasmatodea
Phasmatidae
Dryococelus australis Montrouzier, 1855
Lord Howe Island Phasmid
Plants
Acanthaceae
Xerothamnella parvifolia C. White
Asclepiadaceae
Marsdenia longiloba Benth.
Brassicaceae
Lepidium peregrinum Thell.
Lepidium pseudopapillosum Thell.
Convolvulaceae
Calystegia affinis Endl.
Cyperaceae
Cyperus semifertilis S.T. Blake
Eriocaulaceae
Eriocaulon australasicum (F. Muell.) Korn.
Fabaceae
Acacia bynoeana Benth.
Acacia macnuttiana Maiden & Blakely
Acacia pubifolia Pedley
Almaleea cambagei (Maiden & E. Betche) Crisp & P. Weston
Pultenaea sp. Genowlan Point (NSW 417813)
Pultenaea parviflora Sieber ex DC.
Myrtaceae
Baeckea kandos A.R. Bean
Eucalyptus scoparia Maiden
Micromyrtus minutiflora (F. Muell.) Benth.
Orchidaceae
Caladenia concolor Fitzg.
Caladenia tessellata Fitzg.
Diuris aequalis F. Muell. ex Fitzg.
Poaceae
Austrostipa nullanulla (J. Everett & S.W.L. Jacobs) S.W.L. Jacobs & J. Everett
Plinthanthesis rodwayi (C.E. Hubb) S.T. Blake
Proteaceae
Eidothea hardeniana P.H. Weston & R.M. Kooyman
Persoonia bargoensis P.H. Weston & L.A.S. Johnson
Persoonia pauciflora P.H. Weston
Rhamnaceae
Pomaderris sericea Wakef.
Rutaceae
Phebalium glandulosum subsp. eglandulosum (Blakely) Paul G. Wilson
Zieria citriodora J.A. Armstrong
Zieria involucrata R. Br. ex Benth.
Insert an asterisk before the following entries:
Hunter Valley Weeping Myall Woodland of the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community)
Semi-evergreen Vine Thicket in the Brigalow Belt South and Nandewar Bioregions (as described in the final determination of the Scientific Committee to list the ecological community)
Shale/Sandstone Transition Forest (as described in the final determination of the Scientific Committee to list the ecological community)
Sydney Turpentine-Ironbark Forest (as described in the final determination of the Scientific Committee to list the ecological community)
White Box Yellow Box Blakely’s Red Gum Woodland (as described in the final determination of the Scientific Committee to list the ecological community)
Insert an asterisk before the following italicised entries (appearing under the following headings):Animals
Vertebrates
Birds
Psittacidae
Pezoporus occidentalis (Gould, 1861)
Night Parrot
Passeridae
Neochmia ruficauda (Gould, 1837)
Star Finch
Mammals
Dasyuridae
Dasycercus cristicauda (Krefft, 1867)
Mulgara
Dasyurus geoffroii Gould, 1841
Western Quoll
Phascogale calura Gould, 1844
Red-tailed Phascogale
Myrmecobiidae
Myrmecobius fasciatus Waterhouse, 1836
Numbat
Peramelidae
Isoodon auratus auratus (Ramsay, 1887)
Golden Bandicoot (mainland)
Macrotis lagotis (Reid, 1837)
Bilby
Vombatidae
Lasiorhinus krefftii (Owen, 1872)
Northern Hairy-nosed Wombat
Potoroidae
Bettongia gaimardi (Desmarest, 1822)
Tasmanian Bettong
Bettongia tropica Wakefield, 1967
Northern Bettong
Macropodidae
Onychogalea fraenata (Gould, 1841)
Bridled Nailtail Wallaby
Vespertilionidae
Nyctophilus howensis McKean, 1973
Lord Howe Island Bat
Muridae
Leporillus conditor (Sturt, 1848)
Greater Stick-nest Rat
Pseudomys australis Gray, 1832
Plains Rat
Plants
Acanthaceae
Rhaphidospora bonneyana (F. Muell.) R. Barker
Asteraceae
Senecio behrianus Sonder & F. Muell.
Stemmacantha australis (Gaudich.) Dittr.
Gyrostemonaceae
Codonocarpus pyramidalis (F. Muell.) F. Muell.
Orchidaceae
Caladenia rosella G.W. Carr
Thelymitra epipactoides F. Muell.
Rosaceae
Aphanes pentamera Rothm.
[5] Schedule 2 Vulnerable species and ecological communities
Insert an asterisk before the following italicised entries (appearing under the following headings) in Part 1:Animals
Vertebrates
Amphibians
Hylidae
Litoria littlejohni A.W. White, Whitford & Mahony (1994)
Littlejohn’s Tree Frog
Reptiles
Chelidae
Elseya belli (Gray, 1844)
Bell’s Turtle
Emydura macquarii (Gray, 1830) (Bellinger River)
Bellinger River Emydura
Birds
Diomedeidae
Thalassarche cauta (Gould, 1841)
Black-browed Albatross
Thalassarche melanophris (Temminck, 1828)
Shy Albatross
Hydrobatidae
Fregetta grallaria (Vieillot, 1817)
White-bellied Storm-petrel
Mammals
Dasyuridae
Dasyurus maculatus (Kerr, 1792)
Spotted-tailed Quoll
Potoroidae
Potorous tridactylus (Kerr, 1792)
Long-nosed Potoroo
Pteropodidae
Pteropus poliocephalus Temminck, 1825
Grey-headed Flying-fox
Vespertilionidae
Chalinolobus dwyeri Ryan, 1966
Large-eared Pied Bat
Marine mammals
Balaenidae
Eubalaena australis (Desmoulins, 1822)
Southern Right Whale
Plants
Apocynaceae
Parsonsia dorrigoensis J.B. Williams ms
Proteaceae
Grevillea molyneuxii D.J. McGillivray
Hakea archaeoides W.R. Barker
Rutaceae
Boronia granitica Maiden & E. Betche
Omit the heading, and all entries under the heading, “Procellariidae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
Procellariidae
*
Macronectes halli Mathews, 1912
Northern Giant-petrel
*
Pterodroma neglecta neglecta (Schlegel, 1863)
Kermadec Petrel (west Pacific subspecies)
Pterodroma nigripennis (Rothschild, 1893)
Black-winged Petrel
Pterodroma solandri (Gould, 1844)
Providence Petrel
Puffinus assimilis Gould, 1838
Little Shearwater
Puffinus carneipes Gould, 1844
Flesh-footed Shearwater
Omit the headings, and all entries under the headings, “Areidae” and “Accipitridae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
Areidae
Botaurus poiciloptilus (Wagler, 1827)
Australasian Bittern
Ixobrychus flavicollis (Latham, 1790)
Black Bittern
Accipitridae
Hamirostra melanosternon (Gould, 1841)
Black-breasted Buzzard
Lophoictinia isura (Gould, 1838)
Square-tailed Kite
Pandion haliaetus (Linnaeus, 1758)
Osprey
Omit the heading, and all entries under the heading, “Scolopacidae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
Scolopacidae
Calidris alba (Pallas, 1764)
Sanderling
Calidris tenuirostris (Horsfield, 1821)
Great Knot
Limicola falcinellus (Pontoppidan, 1763)
Broad-billed Sandpiper
Limosa limosa (Linnaeus, 1758)
Black-tailed Godwit
Xenus cinereus (Güldenst[auml ]dt, 1775)
Terek Sandpiper
Omit the heading, and all entries under the heading, “Laridae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
Laridae
Gygis alba (Sparrman, 1786)
White Tern
Procelsterna cerulea (Bennett, 1840)
Grey Ternlet
Sterna fuscata Linnaeus, 1766
Sooty Tern
Omit the headings, and all entries under the headings, “Cacatuidae” and “Psittacidae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
Cacatuidae
Cacatua leadbeateri (Vigors, 1831)
Major Mitchell’s Cockatoo
Callocephalon fimbriatum (Grant, 1803)
Gang-gang Cockatoo
Calyptorhynchus banksii (Latham, 1790)
Red-tailed Black-Cockatoo
Calyptorhynchus lathami (Temminck, 1807)
Glossy Black-Cockatoo
Psittacidae
Glossopsitta porphyrocephala (Dietrichsen, 1837)
Purple-crowned Lorikeet
Neophema pulchella (Shaw, 1792)
Turquoise Parrot
Neophema splendida (Gould, 1841)
Scarlet-chested Parrot
Pezoporus wallicus wallicus (Kerr, 1792)
Eastern Ground Parrot
*
Polytelis swainsonii (Desmarest, 1826)
Superb Parrot
Omit the headings, and all entries under the headings, “Pardalotidae”, “Meliphagidae” and “Petroicidae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
Pardalotidae
Calamanthus fuliginosus (Vigors & Horsfield, 1827)
Striated Fieldwren
Hylacola cauta Gould, 1843
Shy Heathwren
Pyrrholaemus brunneus Gould, 1841
Redthroat
Pyrrholaemus saggitatus (Latham, 1802)
Speckled Warbler
Meliphagidae
Certhionyx variegatus Lesson, 1830
Pied Honeyeater
Grantiella picta (Gould, 1838)
Painted Honeyeater
Lichenostomus cratitius (Gould, 1841)
Purple-gaped Honeyeater
Lichenostomus fasciogularis (Gould, 1854)
Mangrove Honeyeater
Melithreptus gularis gularis (Gould, 1837)
Black-chinned Honeyeater (eastern subspecies)
Petroicidae
Drymodes brunneopygia Gould, 1841
Southern Scrub-robin
Melanodryas cucullata cucullata (Latham, 1802)
Hooded Robin (south-eastern form)
Petroica rodinogaster (Drapiez, 1819)
Pink Robin
Omit the heading, and all entries under the heading, “Dasyuridae” (under the headings “Animals”, “Vertebrates” and “Mammals”).Insert instead:
Dasyuridae
*
Dasyurus maculatus (Kerr, 1792)
Spotted-tailed Quoll
Ningaui yvonneae Kitchener, Stoddart & Henry, 1983
Southern Ningaui
Phascogale tapoatafa (Meyer, 1793)
Brush-tailed Phascogale
Planigale maculata (Gould, 1851)
Common Planigale
Sminthopsis leucopus (Gray, 1842)
White-footed Dunnart
Sminthopsis macroura (Gould, 1845)
Stripe-faced Dunnart
Omit the heading, and all entries under the heading, “Pteropodidae” (under the headings “Animals”, “Vertebrates” and “Mammals”).Insert instead:
Pteropodidae
Nyctimene robinsoni Thomas, 1904
Eastern Tube-nosed Bat
Pteropus alecto Temminck, 1837
Black Flying-fox
*
Pteropus poliocephalus Temminck, 1825
Grey-headed Flying-fox
Syconycteris australis (Peters, 1867)
Common Blossom-bat
Omit the heading, and all entries under the heading, “Vespertilionidae” (under the headings “Animals”, “Vertebrates” and “Mammals”).Insert instead:
Vespertilionidae
*
Chalinolobus dwyeri Ryan, 1966
Large-eared Pied Bat
Chalinolobus nigrogriseus (Gould, 1856)
Hoary Wattled Bat
Chalinolobus picatus (Gould, 1852)
Little Pied Bat
Falsistrellus tasmaniensis (Gould, 1858)
Eastern False Pipistrelle
Kerivoula papuensis Dobson, 1878
Golden-tipped Bat
Miniopterus australis (Tomes, 1858)
Little Bentwing-bat
Miniopterus schreibersii oceanensis Maeda, 1982
Eastern Bentwing-bat
Myotis adversus (Horsfield, 1824)
Large-footed Myotis
Nyctophilus bifax Thomas, 1915
Eastern Long-eared Bat
*
Nyctophilus timoriensis (Geoffroy, 1806) (South-eastern form)
Greater Long-eared Bat
Scoteanax rueppellii (Peters, 1866)
Greater Broad-nosed Bat
Vespadelus baverstocki (Kitchener, Jones & Caputi, 1987)
Inland Forest Bat
Vespadelus troughtoni (Kitchener, Jones & Caputi, 1987)
Eastern Cave Bat
Item [1] of the proposed amendments to the Threatened Species Conservation Act 1995 (the Act) amends section 127ZK of the Act to clarify that an application for a biobanking statement under the Act must be made in a form approved by the Director-General of the Department of Environment and Climate Change.Parts 1, 3 and 4 of Schedule 1 to the Act contain, respectively, lists of endangered species, endangered ecological communities and species presumed extinct. Part 1 of Schedule 2 to the Act contains lists of vulnerable species. Any endangered species, species presumed extinct or vulnerable species that is a listed threatened species under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, and any endangered ecological community that is listed as a threatened ecological community under that Act, is marked with an asterisk to show that it is considered to be threatened nationally.
Items [2]–[5] of the proposed amendments insert asterisks next to descriptions of species and communities in Parts 1, 3 and 4 of Schedule 1 and Part 1 of Schedule 2 to the Act to indicate their national status as threatened species and communities.
Items [6]–[14] of the proposed amendments rearrange the descriptions of species within certain families in Part 1 of Schedule 2 to the Act so that they appear in alphabetical order, no matter is added or deleted. Item [14] also corrects the common name listed for the bat species Nyctophilus timoriensis and inserts an asterisk next to the description of that species to indicate its national status as a threatened species.
1.52 Travel Agents Act 1986 No 5
[1] Section 7A Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
Omit section 7A (3) (b). Insert instead:(b) an application for restoration of a licence under section 10 of that Act may be made only in respect of a licence that is cancelled under section 17 (9) of this Act, and any such application may not be made more than 3 months after the date on which the licence is cancelled.
[2] Section 17 Annual fee and annual statement
Omit section 17 (9A) and (9B).
Section 7A (3) (b) of the Travel Agents Act 1986 (the Act) currently provides that an application for the restoration of a travel agent’s licence may not be made more than 3 months after the date on which the licence “expires”. However, section 16 (1) of the Act makes it clear that a licence does not expire, it continues in force until, pursuant to the provisions of the Act, it is surrendered or cancelled.Item [1] of the proposed amendments clarifies the intended effect of section 7A (3) (b) by providing that a person may make an application for restoration of a licence under section 10 of the Licensing and Registration (Uniform Procedures) Act 2002 only in respect of a licence that is cancelled under section 17 (9) of the Act (failure to pay a fee or lodge a statement). Any such application may not be made more than 3 months after the date on which the licence is cancelled.
Item [2] of the proposed amendments omits provisions consequential on the amendment made by item [1].
1.53 Valuation of Land Act 1916 No 2
Omit the definition of Joint Committee from section 4 (1).
[2] Section 14I Valuing Crown lease restricted land
Omit “perpetual lease,” from section 14I (2) (b).
[3] Part 8 Parliamentary Joint Committee
Omit the Part.
Items [1] and [3] of the proposed amendments to the Valuation of Land Act 1916 omit a redundant definition and an expired Part of the Act.Item [2] of the proposed amendments removes an erroneous reference to perpetual leases in the definition of land that is Crown lease restricted.
Section 9 Disqualification from registration
Omit “a director or person concerned in the management of” from section 9 (1) (b).Insert instead “concerned in the management of, or a director of,”.
The proposed amendment to the Valuers Act 2003 makes it clear that a director of a corporation that is the subject of a winding-up order or for which a controller or administrator has been appointed can be a disqualified person for the purposes of the Act whether or not he or she is also a person concerned in the management of the corporation.
1.55 Workers Compensation Act 1987 No 70
[1] Section 173B Redetermination of premium and payment of interest
Omit “providing for interest)” from section 173B (1) (d).Insert instead “providing for interest”.
Omit “original premium.”. Insert instead “original premium).”.
Insert in alphabetical order in clause 1:Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth.
Omit “Schedule 2 to the Petroleum (Submerged Lands) Act 1967” wherever occurring.Insert instead “Schedule 1 to the Offshore Petroleum Act 2006”.
[5] Schedule 1, clause 2 (2) (b)
Omit “subsection (7) of section 5A of the Petroleum (Submerged Lands) Act 1967”.Insert instead “section 7 (2) of the Offshore Petroleum Act 2006”.
[6] Schedule 1, clause 2 (3) (b) and (4) (a) (ii)
Omit “Area A of the Zone of Cooperation” wherever occurring.Insert instead “the Joint Petroleum Development Area”.
[7] Schedule 1, clause 2 (4) (b)
Omit “adjacent area”. Insert instead “offshore area”.
[8] Schedule 1, clause 2 (4) (b)
Omit “subsection (3) of section 5A of the Petroleum (Submerged Lands) Act 1967”.Insert instead “section 7 (1) of the Offshore Petroleum Act 2006”.
Insert after clause 2 (5):Commencement(6) A reference in this clause to the area described in Schedule 1 to the Offshore Petroleum Act 2006 of the Commonwealth in relation to a State or Territory is a reference to the scheduled area for that State or Territory within the meaning given by that Schedule.
Items [4], [5] and [7]–[9] of the amendments to the Workers Compensation Act 1987 commence:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth commences after the date of assent to this Act—on the day on which that Chapter commences.
Items [1] and [2] of the proposed amendments to the Workers Compensation Act 1987 correct typographical errors.Items [4], [5] and [7]–[9] of the proposed amendments are consequential on the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the Commonwealth.
Items [3] and [6] of the proposed amendments are consequential on the repeal of the Petroleum (Timor Gap Zone of Cooperation) Act 1990 of the Commonwealth and the enactment of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth.