Schedule 2 Amendments by way of statute law revision
(Section 3)
2.1 Administrative Decisions Tribunal Act 1997 No 76
[1] Section 14A Certain members of state tribunals acting as members of Tribunal
Omit “clause” from section 14A (4). Insert instead “section”.
[2] Section 19 Tribunal to exercise functions in Divisions
Omit the note to section 19 (1). Insert instead:Note. The Divisions of the Tribunal are presently as follows:Community Services Division
Equal Opportunity Division
General Division
Legal Services Division
Retail Leases Division
Revenue Division
Item [1] of the proposed amendments corrects a reference to a section.Item [2] of the proposed amendments updates a note.
Schedule 2 Amendment of other laws
Omit “Adoption of Children Act 1965” from Schedule 2.3 [2].Insert instead “Adoption Information Act 1990”.
The proposed amendment corrects an incorrect reference.
[1] Section 9 Presumption in favour of bail for certain offences—exceptions
Omit “85A,” from section 9 (1) (c). Insert instead “86,”.
[2] Section 32 Criteria to be considered in bail applications
Insert “and” at the end of section 32 (1) (a) (i) and (ii) and (b) (i) and (ii).
[3] Section 32 (1) (b) (iv) and (b1) (iii)
Omit “and” wherever occurring.
Item [1] of the proposed amendments updates a reference to section 85A of the Crimes Act 1900, which has been repealed and re-enacted as section 86.Items [2] and [3] of the proposed amendments give effect to the convention for linking paragraphs and subparagraphs in New South Wales legislation. (Paragraphs and subparagraphs are linked by “and” (or “or”, as the case may be) unless the opening words to the relevant paragraph or subparagraph refer to “the following”.)
2.4 Child Protection (Offenders Registration) Act 2000 No 42
Omit “section 85A” from paragraph (b) of the definition of Class 2 offence in section 3 (1).Insert instead “section 86”.
The proposed amendment updates a reference to section 85A of the Crimes Act 1900, which has been repealed and re-enacted as section 86.
2.5 Classification (Publications, Films and Computer Games) Enforcement Act 1995 No 63
Section 34 Computer games to display determined markings and consumer advice
Omit the matter relating to maximum penalty from after section 34 (4A).
The proposed amendment omits unnecessary matter. (The penalty appearing at the end of a section applies to all offences under the section.)
2.6 Consumer Credit (New South Wales) Act 1995 No 7
Section 8 Conferral of judicial functions
Omit “Fair Trading Tribunal” wherever occurring.Insert instead “Consumer, Trader and Tenancy Tribunal”.
The proposed amendment updates references to a Tribunal.
2.7 Consumer, Trader and Tenancy Tribunal Act 2001 No 82
[1] Section 12 Functions of Chairperson
Insert “of” after “the staff” in section 12 (5).
[2] Section 43 Enforcement of certain Tribunal orders
Omit “a claim has” from section 43 (4). Insert instead “proceedings have”.
[3] Schedule 6 Savings, transitional and other provisions
Insert “is” before “to be” where secondly occurring in clause 9.
Items [1] and [3] of the proposed amendments insert missing words.Item [2] of the proposed amendments corrects a reference to proceedings.
2.8 Co-operatives Act 1992 No 18
Section 289 Maximum permissible level of share interest
Renumber section 289 (3) where secondly occurring (as inserted by the Co-operatives Legislation Amendment Act 2001) as section 289 (4).
The proposed amendment corrects a duplication of subsection numbers.
2.9 Courts Legislation Further Amendment Act 2001 No 108
Schedule 5 Amendment of Supreme Court Act 1970 No 52
Omit “section 26 (2) (b)” from Schedule 5 [3].Insert instead “section 26 (3) (b)”.
The proposed amendment corrects an incorporation direction.
[1] Section 349 Punishment of accessories after the fact to murder etc
Omit “section 85A” from section 349 (2). Insert instead “section 86”.
[2] Section 428B Offences of specific intent to which Part applies
Omit from item (a) of the Table the matter relating to sections 85A, 86, 87 and 89.Insert instead in appropriate order:
86
Kidnapping
87
Child abduction
Section 85A of the Crimes Act 1900 has been repealed and re-enacted as section 86. The previous section 86 and section 89 have been repealed. Section 87 has been replaced.The proposed amendments update cross-references to those provisions.
2.11 Crimes Amendment (Child Protection—Physical Mistreatment) Act 2001 No 89
Omit the heading “Defence of lawful correction” from Schedule 1 [1].Insert instead:
Division 9A Defence of lawful correction
The proposed amendment corrects the style of heading used in an Act.
2.12 District Court Act 1973 No 9
[1] Section 18C Chairperson and deputy chairperson of Rule Committee
Omit “chairman” from section 18C (1) wherever occurring.Insert instead “chairperson”.
Omit the subsection.
Item [1] of the proposed amendments removes gender-specific language from a provision.Item [2] of the proposed amendments omits an unnecessary provision. The substance of the provision is covered by section 19 (2) of the Interpretation Act 1987.
2.13 Evidence on Commission Act 1995 No 26
Insert at the end of paragraph (e) of the definition of superior court in section 18:and
(f) the District Court,
The proposed amendment inserts a reference to a relevant court that was inadvertently omitted from Part 3 of the Evidence on Commission Act 1995. The provisions of Part 3 (Examination of witnesses outside the State but within Australia), which fail to refer to the District Court, otherwise parallel those of Part 2 (Examination of witnesses abroad), which refer to the District Court.It is clear from the Explanatory Note to the Bill for the Courts Legislation Further Amendment Act 2001 (which inserted the reference to the District Court in Part 2) that it was intended that such a reference also be inserted in Part 3. That Explanatory Note provides that one of the objects of the Bill is “to amend the Evidence on Commission Act 1995 to allow the District Court to take evidence on commission outside New South Wales (whether interstate or overseas)”.
Section 45 Recording of transactions
Omit from the end of section 45 (1) the matter setting out the maximum penalty for an offence.
The proposed amendment omits unnecessary matter. The maximum penalty for an offence against any subsection of section 45 is set out at the end of the section.
2.15 Fisheries Management Act 1994 No 38
[1] Section 17 Bag limits—taking of fish
Omit “RFAC” from section 17 (6).Insert instead “the Advisory Council on Recreational Fishing”.
[2] Section 221J Form of species impact statements
Omit “or” where lastly occurring in section 221J (2).
Renumber section 221J (2) (c) where secondly occurring (as inserted by the Plantations and Reafforestation Act 1999) as paragraph (d).
[4] Section 275A Application of Division
Omit “fishing approval” from section 275A (2) (b).Insert instead “fishing authority”.
Item [1] of the proposed amendments replaces a reference to a dissolved body (the Recreational Fishing Advisory Council) with a reference to the body that replaced it.Item [2] of the proposed amendments omits a redundant word.
Item [3] of the proposed amendments corrects a duplication of paragraph numbering.
Item [4] of the proposed amendments corrects terminology.
[1] Section 170A Heritage management by government instrumentalities
Renumber section 170A (1) (b) where secondly occurring as section 170A (1) (c).
[2] Schedule 1 Savings and transitional provisions
Omit “that Act” from clause 10. Insert instead “the 2001 amending Act”.
Item [1] of the proposed amendments corrects a duplication of paragraph numbering.Item [2] of the proposed amendments clarifies a reference to an amending Act.
2.17 Higher Education Act 2001 No 102
Insert “and delivery of courses overseas” after “overseas students” in the heading to Division 3 of Part 2.Commencement
The amendment to the Higher Education Act 2001 commences, or is taken to have commenced, on the commencement of Division 3 of Part 2 to the Act.
The proposed amendment adds to the heading to a Division to accommodate a provision that was inserted in the Division by an amendment in committee.
2.18 HomeFund Restructuring Act 1993 No 112
Omit “Fair Trading Tribunal Act 1998” from section 15 (4).Insert instead “Consumer, Trader and Tenancy Tribunal Act 2001”.
[2] Section 20 Suspension of limitation period
Omit “Fair Trading Tribunal Act 1998” from section 20 (1) (d).Insert instead “Consumer, Trader and Tenancy Tribunal Act 2001”.
The proposed amendments update references to an Act.
2.19 Local Government and Other Authorities (Superannuation) Act 1927 No 35
Section 7C Additional contributions to Provident Fund
Renumber paragraphs (i) and (ii) of section 7C (3), where firstly occurring as paragraphs (d) and (e), respectively.
The proposed amendment corrects duplicate numbering.
2.20 Medical Practice Act 1992 No 94
Section 127B Practitioners to notify convictions, criminal findings and charges
Omit “practice or medicine” from section 127B (1) (b).Insert instead “practice of medicine”.
The proposed amendment corrects a typographical error.
2.21 Mental Health Act 1990 No 9
Omit the section. Insert instead:Words and expressions that are defined in Schedule 1 to this Act have the meanings set out in that Schedule.
The proposed amendment removes a list of terms defined in Schedule 1 to the Mental Health Act 1990.
2.22 Pawnbrokers and Second-hand Dealers Act 1996 No 13
Section 36 Disciplinary action by Director-General
Omit “Fair Trading Tribunal” from section 36 (5).Insert instead “Consumer, Trader and Tenancy Tribunal”.
The proposed amendment updates a reference to a Tribunal.
2.23 Public Lotteries Act 1996 No 86
Section 39 Advertising of public lotteries
Renumber section 39 (2) where firstly occurring (as inserted by the Gambling Legislation Amendment (Responsible Gambling) Act 1999) as section 39 (1B).
The proposed amendment corrects a duplication of subsection numbers.
2.24 Retail Leases Act 1994 No 46
Insert “except where occurring in Schedule 2” after “Act”.
The proposed amendment clarifies that certain notes form part of the Retail Leases Act 1994.
2.25 Statute Law (Miscellaneous Provisions) Act (No 2) 2001 No 112
Schedule 2 Amendments by way of statute law revision
Omit “clauses 18 and 19” from Schedule 2.35 [2].Insert instead “clauses 19 and 20”.
The proposed amendment corrects an incorporation direction.
2.26 University of Newcastle Act 1989 No 68
Schedule 3 Savings and transitional provisions
Renumber clause 13 (Validation) as clause 14.
The proposed amendment corrects duplicated numbering.
2.27 University of New England Act 1993 No 68
Schedule 1 Provisions relating to members and procedure of the Council
Omit clause 5 (b). Insert instead:(b) any person acting under the direction of the University or the Council,if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subjects a member of the Council or a person so acting personally to any action, liability, claim or demand.
The proposed amendment corrects text ranging.
2.28 Water Management Act 2000 No 92
Section 145 Alteration of private irrigation district
Omit “section 142” from section 145 (1). Insert instead “section 144”.
The proposed amendment corrects an incorrect cross-reference.