Schedule 2 Amendments by way of statute law revision
(Section 3)
Section 189 Reviewable decisions
Omit “section 40” wherever occurring in paragraph (a) of the definition of reviewable decision and the Note to that paragraph.Insert instead “section 28”.
The proposed amendment corrects a cross-reference to a provision of the Community Services (Complaints, Reviews and Monitoring) Act 1993. Section 40 of that Act was renumbered as section 28 by the Community Services Legislation Amendment Act 2002.
Omit “the” where secondly occurring in the heading to item 6 in Form 4.Insert instead “that”.
The proposed amendment corrects a typographical error.
2.3 Cessnock Local Environmental Plan 1989
Schedule 6 Classification and reclassification of public land
Omit “as operational land” from the heading of the Schedule.
The proposed amendment alters the heading of a Schedule to reflect the content of the Schedule and the heading and content of the clause of Cessnock Local Environmental Plan 1989 to which it relates. The clause classifies or reclassifies certain public land as operational land and certain other public land as community land.
2.4 Civil Liability Act 2002 No 22
Omit “occurance” from section 5D (2). Insert instead “occurrence”.
The proposed amendment corrects a spelling error.
2.5 Coal Mine Health and Safety Act 2002 No 129
[1] Section 78 Duty to give notice of drilling operations
Omit “prospecting holder” from section 78 (1).Insert instead “exploration holder”.
[2] Section 145 Appointment of government officials
Omit “An person” from section 145 (3). Insert instead “A person”.
[3] Section 185 Purpose of industry codes of practice
Omit “Part 5” where secondly occurring. Insert instead “Part 2”.
Item [1] of the proposed amendments omits a term that is not used elsewhere in the Coal Mine Health and Safety Act 2002 and replaces it with the correct term.Item [2] of the proposed amendments replaces an incorrect indefinite article.
Item [3] of the proposed amendments corrects an incorrect cross-reference.
2.6 Community Land Development Act 1989 No 201
Section 26 Development contract
Omit “section 91” from section 26 (4). Insert instead “section 80”.
The proposed amendment updates a reference to a section of the Environmental Planning and Assessment Act 1979 that was repealed and then renumbered when subsequently re-enacted.
2.7 Confiscation of Proceeds of Crime Act 1989 No 90
Section 13 Applications for confiscation orders
Renumber section 13 (3A) (a) (i) where secondly occurring as section 13 (3A) (a) (ii).
The proposed amendment corrects duplicated numbering.
2.8 Conveyancers Licensing Act 2003 No 3
Section 91 Associates of a licensee
Omit “Property Relationships Act 1984” from section 91 (2) (b).Insert instead “Property (Relationships) Act 1984”.
The proposed amendment corrects an incorrect citation of an Act.
2.9 Disability Services Act 1993 No 3
Section 25 Section 3 and Schedule 1 not to give rise to or affect cause of action
Omit “section 40” from section 25 (2). Insert instead “section 28”.
The proposed amendment corrects a cross-reference to a provision of the Community Services (Complaints, Reviews and Monitoring) Act 1993. Section 40 of that Act was renumbered as section 28 by the Community Services Legislation Amendment Act 2002.
2.10 Electricity Supply Act 1995 No 94
[1] Section 102 Proceedings for offences
Insert “or the regulations” after “this Act” in section 102 (2).
Insert “or the regulations” after “this Act”.
Insert “of this Act, or relevant clause of the regulations,” after “relevant section”.
At present, section 102 of the Electricity Supply Act 1995 (the Act) provides that proceedings for an offence against the Act or the regulations made under it are to be dealt with summarily before a Local Court. Alternatively, proceedings for an offence against the Act (but not the regulations) may be dealt with summarily before the Supreme Court in its summary jurisdiction.In any such proceeding before it, a Local Court cannot impose a penalty exceeding 100 penalty units in the case of a corporation and 50 penalty units in any other case (section 102 (4)). The Supreme Court may impose the maximum penalty specified by the relevant section of the Act (section 102 (5)).
Section 106 of the Act (the general regulation-making power) was recently amended to allow the regulations to create offences punishable by penalties of up to 250 penalty units in the case of a corporation and 100 penalty units in any other case (previously 100 and 25 penalty units, respectively). However, if proceedings for offences against the regulations may be taken only in a Local Court, it is clear that the higher penalties contemplated by section 106 as amended cannot be imposed.
In consequence of the amendment to section 106, the proposed amendments amend section 102 so as to permit proceedings for offences against the regulations (as well as against the Act) to be dealt with by the Supreme Court.
2.11 Environmental Planning and Assessment Regulation 2000
Part 11 Insurance, Division 2, heading
Omit “Automatic run-off contracts”.Insert instead “Approved professional indemnity contracts”.
The proposed amendment updates terminology.
2.12 Fair Trading Act 1987 No 68
Section 8 Delegation by Director-General
Omit section 8 (1) (f).Commencement
The amendment to the Fair Trading Act 1987 commences, or is taken to have commenced, on the commencement of section 222 of the Property, Stock and Business Agents Act 2002.
The proposed amendment omits a reference to an Act that is repealed by the Property, Stock and Business Agents Act 2002. Section 8 (1) (f) is superseded by section 222 of the latter Act.
2.13 Fines Act 1996 No 99
[1] Section 52 Provisions relating to annulment of enforcement orders
Insert “application for the” before “order” in section 52 (2).
[2] Section 85 Provisions relating to orders
Omit “the Community Service Orders Act 1979” from the Note to the section.Insert instead “Part 5 of the Crimes (Administration of Sentences) Act 1999”.
[3] Section 89 Periodic detention
Omit the Note to the section.
[4] Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:Sydney Water Act 1994, section 50
Omit “Water Board (Corporatisation) Act 1994, section 50”.
Missing words
Section 51 (4) of the Fines Act 1996 provides (among other things) that, for certain purposes, an application for a court fine enforcement order or a penalty notice enforcement order is taken to be an information in relation to the alleged offence for which the relevant fine was imposed. Section 52 (2) refers to “the order taken under this Division to be an information”, instead of to “the application for the order taken under this Division to be an information”.Item [1] of the proposed amendments inserts the missing words in section 52 (2).
Updates of names of Acts
Item [2] of the proposed amendments updates a reference to an Act that has been repealed and item [3] omits an outdated Note referring to another repealed Act.The Sydney Water Act 1994 was previously the Water Board (Corporatisation) Act 1994. Schedule 1 to the Fines Act 1996 refers to that Act by its previous name.
Item [4] of the proposed amendments inserts a reference (in alphabetical order) to the current name of the Act, and item [5] removes the outdated reference.
2.14 First State Superannuation Act 1992 No 100
[1] Part 4A Death or incapacity benefits for firefighters
Renumber sections 20A, 20B and 20C where occurring in Part 4A as sections 20C, 20D and 20E, respectively.
[2] Section 20E Provision to be made with respect to death or incapacity benefits for firefighters (as renumbered by item [1])
Omit “section 20B” from section 20E (3). Insert instead “section 20D”.
Item [1] of the proposed amendments corrects duplicated numbering.Item [2] of the proposed amendments makes a consequential amendment.
2.15 Health Records and Information Privacy Act 2002 No 71
Schedule 3 Amendment of Privacy and Personal Information Protection Act 1998
Omit Schedule 3 [24]. Insert instead:[24] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):Health Records and Information Privacy Act 2002, but only to the extent that it amends this Act
The proposed amendment repeals and re-enacts in incorporable form an amendment that has become unincorporable because of an intervening amendment.
2.16 Home Building Regulation 1997
Schedule 4, Penalty notice offences
Omit “and short descriptions” from the heading to the Schedule.
The proposed amendment updates the heading to a Schedule to reflect the fact that the Schedule no longer contains short descriptions of offences.
2.17 Industrial Relations Act 1996 No 17
[1] Section 210 Freedom from victimisation
Omit the full stop at the end of section 210 (1) (ia). Insert instead “, or”.
Insert “or” at the end of the paragraph.
The proposed amendments insert missing conjunctions.
2.18 Local Government (Orders) Regulation 1999
Schedule 1 Standards for places of shared accommodation
Omit “clause 83 of the Public Health Regulation 1991” from clause 1 (2).Insert instead “clause 22 of the Public Health (General) Regulation 2002”.
The proposed amendment updates a reference to a regulation that has been repealed and replaced.
2.19 Marine Parks Regulation 1999
Schedule 1 Zoning plans for marine parks
Insert “16.” after “shown on map” in the matter relating to Shark Net Beach designated anchoring area in Table D of Division 10 of Part 2.
The proposed amendment inserts missing matter.
2.20 Motor Dealers Act 1974 No 52
Section 17 Change of address of holder of licence
Omit “a place of business specified in accordance with section 10 (4) (d) or, where a place of business has been varied or added under subsection (3), at the place of business as so varied or added” from section 17 (5).Insert instead “a place of business authorised by the licence”.
The proposed amendment gives effect to an amendment made by the Licensing and Registration (Uniform Procedures) Act 2002 that was unincorporable on commencement because of an intervening amendment.
2.21 National Parks and Wildlife Regulation 2002
Clause 92 Terms of interim protection orders
Omit “relic” from clause 92 (2) (f). Insert instead “Aboriginal object”.
The proposed amendment updates terminology.
2.22 Pawnbrokers and Second-hand Dealers Regulation 1997
[1] Clause 21 Penalty notice offences and demerit points
Omit “Column 3” from clause 21 (3). Insert instead “Column 2”.
Omit “Column 4”. Insert instead “Column 3”.
Omit the heading. Insert instead:Schedule 2 Penalty notice offences and demerit points
Renumber Column 3 and Column 4 as Column 2 and Column 3 respectively.
Before the repeal of section 145B of the Justices Act 1902 (which authorised the making of regulations prescribing short descriptions of offences), Column 2 of Schedule 2 to the Pawnbrokers and Second-hand Dealers Regulation 1997 contained (among other things) short descriptions of offences under that Act. Column 2 no longer appears in that Schedule.Item [3] of the proposed amendments updates the heading to Schedule 2 to reflect the fact that the Schedule no longer contains short descriptions of offences.
Item [4] renumbers Columns 3 and 4 of Schedule 2 in consequence of the omission of Column 2. Items [1] and [2] make consequential amendments.
2.23 Police Integrity Commission Act 1996 No 28
Section 79 Further action by Commission
Omit “section 98” from section 79 (3). Insert instead “section 100”.
The proposed amendment corrects an incorrect cross-reference.
2.24 Privacy and Personal Information Protection Act 1998 No 133
[1] Section 6 Courts, tribunals and Royal Commissions not affected
Omit “is” from section 6 (1). Insert instead “in”.
[2] Section 55 Review of conduct by Tribunal
Omit “restrain” from section 55 (2) (b). Insert instead “refrain”.
The proposed amendments correct typographical errors.
2.25 Public Health Act 1991 No 10
Section 59 Sale of tobacco and non-tobacco smoking products to minors
Omit section 59 (5).
Section 59 (5) of the Public Health Act 1991 (the Act) is as follows:(5) Section 61R does not apply to an offence under subsection (1A).
The subsection was inserted at a time when the Public Health Amendment (Tobacco Control) Bill 1999 (which would have inserted section 61R, among other provisions, in the Act) was before Parliament. However, that Bill was not enacted. There is no section 61R in the Act.
The proposed amendment repeals the subsection containing the cross-reference to section 61R.
2.26 Randwick Local Environmental Plan 1998
Clause 42B Kensington Town Centre (as inserted by Randwick Local Environmental Plan 1998 (Amendment No 27))
Renumber the clause as clause 42C.
The proposed amendment corrects duplicated numbering.
2.27 Road Transport (General) (Penalty Notice Offences) Amendment (Level Crossing Offences) Regulation 2002
Omit the clause. Insert instead:Commencement3 Amendment of Road Transport (General) (Penalty Notice Offences) Regulation 2002
The Road Transport (General) (Penalty Notice Offences) Regulation 2002 is amended as set out in Schedule 1.
The amendment to the Road Transport (General) (Penalty Notice Offences) Amendment (Level Crossing Offences) Regulation 2002 is taken to have commenced on 1 January 2003.
The proposed amendment corrects the incorrect citations of a statutory instrument.
2.28 Terrorism (Commonwealth Powers) Act 2002 No 114
[1] Schedule 1 Part 5.3 of Commonwealth Criminal Code
Insert “or” after “Australia;” in paragraph (a) of the definition of organisation in section 100.1 (1).
Omit “terrorists acts” from subsection (1) (a).Insert instead “terrorist acts”.
Omit “Act” from subsection (4). Insert instead “Part”.
Item [1] of the proposed amendments inserts a missing conjunction.Item [2] of the proposed amendments corrects an incorrect reference to a defined term.
Item [3] of the proposed amendments corrects a reference to an Act as the reference should be to a Part of the Act.
2.29 Travel Agents Regulation 2001
Omit “Schedule 1” from clause 7 (4). Insert instead “Schedule 2”.
Omit “an licence”. Insert instead “a licence”.
Item [1] of the proposed amendments corrects an incorrect cross-reference.Item [2] of the proposed amendments replaces a form of the indefinite article that is inappropriate for the context with the appropriate form.
2.30 Water Management Act 2000 No 92
[1] Section 20 Core provisions
Omit “or water source” from section 20 (1) (b).
[2] Section 178 Discontinuance or reduction of supply of water
Omit the subsection number.
[3] Section 213 Lessees of land owned by the Crown
Omit “the” where secondly occurring in section 213 (2) (d).
[4] Section 398 Exclusion of Crown liability
Insert “of” before “any functions” in section 398 (2).
Item [1] of the proposed amendment omits duplicated words that were inserted by two simultaneous amendments (see Schedule 1 [4] and [5] to the Water Management Amendment Act 2002).Item [2] of the proposed amendments omits a superfluous subsection number.
Item [3] of the proposed amendments omits a superfluous word.
Item [4] of the proposed amendments inserts a missing word.
2.31 Water Management Amendment Act 2002 No 138
[1] Schedule 4 Amendment of Water Management Act 2000 in relation to other matters
Omit “clause 9 (7) (e)” from Schedule 4 [35].Insert instead “clause 9 (7) (f)”.
Renumber paragraph (f) as paragraph (g).Commencement
The amendments to the Water Management Amendment Act 2002 are taken to have commenced on the commencement of Schedule 4 [35] to that Act.
Item [1] of the proposed amendments corrects an unincorporable incorporating direction.Item [2] of the proposed amendments corrects duplicated numbering.