Schedule 2 Amendments by way of statute law revision
(Section 3)
Section 38 General powers of inspection
Renumber paragraphs (a), (b) and (c) where secondly occurring in section 38 (9) as paragraphs (d), (e) and (f), respectively.
The proposed amendment corrects duplicate paragraph numbering.
2.2 Children’s Services Regulation 2004
Clause 76 Information and access to be denied to certain persons
Insert “and” at the end of clause 76 (1) (b).
The proposed amendment inserts a missing conjunction.
2.3 Consumer, Trader and Tenancy Tribunal Act 2001 No 82
Schedule 1 Divisions of the Tribunal
Omit “section 42A of the Property, Stock and Business Agents Act 1941” from clause 1 (a) (i) and (b) wherever occurring.Insert instead “section 36 of the Property, Stock and Business Agents Act 2002”.
The proposed amendment updates a cross-reference.
2.4 Contaminated Land Management Act 1997 No 140
[1] Section 58 EPA’s record of current declarations and orders
Omit “section 52” from section 58 (1) (c). Insert instead “section 53B”.
[2] Section 59 Local authorities to be informed
Omit “Section 52” from the Note to section 59 (1).Insert instead “Section 53B”.
Omit “site audits for the purposes of statutory requirements”.CommencementInsert instead “statutory site audits”.
The amendments to the Contaminated Land Management Act 1997 are taken to have commenced on 1 February 2004.
The proposed amendments are consequential on amendments made by the Contaminated Land Management Amendment Act 2003 and are taken to have commenced on the commencement of that Act (1 February 2004).
2.5 Contractors Debts Act 1997 No 110
Omit “a money” from section 14 (1). Insert instead “money”.
The proposed amendment omits an unnecessary word.
2.6 Conveyancing (General) Regulation 2003
Renumber clause 51 (1) (n) and (o) where firstly occurring as clause 51 (1) (m1) and (m2) respectively.
The proposed amendment corrects duplicate paragraph numbering.
Insert “section” before “61JA” in section 431A (2).
The proposed amendment inserts a missing word.
2.8 Crimes (Administration of Sentences) Act 1999 No 93
Omit “In this Part”. Insert instead “In this Division”.Commencement
The amendment to the Crimes (Administration of Sentences) Act 1999 commences, or is taken to have commenced, on the commencement of section 236E of that Act as inserted by Schedule 1 [14] to the Crimes (Administration of Sentences) Further Amendment Act 2002.
The proposed amendment corrects an incorrect cross-reference.
[1] Sections 101 (2) and 298 (1)
Omit “a form approved by the Chief Commissioner” wherever occurring.Insert instead “an approved form”.
[2] Schedule 1 Savings, transitional and other provisions
Omit “State Revenue Legislation Further Amendment Act (No 2) 2001” from clause 24.Insert instead “State Revenue Legislation Further Amendment (No 2) Act 2001”.
Item [1] of the proposed amendments updates terminology.Item [2] of the proposed amendments corrects an incorrect citation of an Act.
2.10 Environmentally Hazardous Chemicals Act 1985 No 14
Schedule 1 Provisions relating to the Committee
Omit “officer of the Board of Fire Commissioners for the time being nominated by the Minister for Police and Emergency Services” from clause 2 (g).Insert instead “officer of New South Wales Fire Brigades for the time being nominated by the Minister administering the Fire Brigades Act 1989”.
The proposed amendment updates a reference to the dissolved Board of Fire Commissioners and a reference to a portfolio.
2.11 Eurobodalla Urban Local Environmental Plan 1999
Clause 73 What special controls apply to development on archaeological sites that have Aboriginal or non-Aboriginal heritage significance?
Omit “Heritage Act 1997” from clause 73 (2) (c).Insert instead “Heritage Act 1977”.
The proposed amendment corrects an incorrect citation of an Act.
2.12 Evidence (Audio and Audio Visual Links) Act 1998 No 105
Section 5B Taking evidence and submissions from outside courtroom or place where court is sitting—proceedings generally
Omit “make direction” from section 5B (2A).Insert instead “make a direction”.
The proposed amendment inserts a missing word.
2.13 Financial Transaction Reports Act 1992 No 99
Sections 6 (2) (b) and 7 (1) (b) and (7) (b)
Omit “Drug Trafficking (Civil Proceedings) Act 1990” wherever occurring.Insert instead “Criminal Assets Recovery Act 1990”.
The proposed amendments updates references to a renamed Act.
2.14 Food Production (Dairy Food Safety Scheme) Regulation 1999
Schedule 1 Dairy Food Safety Scheme
Omit “Safe Food’s” from clause 45H (1) (e) (ii).Insert instead “the Food Authority’s”.
The proposed amendment updates terminology.
2.15 Food Production (Meat Food Safety Scheme) Regulation 2000
[1] Clause 9 Renewal of licence
Omit “Safe Food’s” from clause 9 (3) (b) (ii).Insert instead “Food Authority’s”.
[2] Clause 13 Suspension or cancellation of licence
Omit “Safe Food’s” from clause 13 (1) (e) (ii).Insert instead “the Food Authority’s”.
The proposed amendments update terminology.
2.16 Greater Taree Local Environmental Plan 1995
Clause 16 Subdivision and development within Zone No 1 (c1) or 1 (c2)
Renumber clause 16 (7) where secondly occurring as clause 16 (7A).
The proposed amendment corrects duplicate subclause numbering.
2.17 Home Building Act 1989 No 147
Omit the definitions of contractor contractor licence, contractor licence and endorsed contractor contractor licence from section 3 (1).
Insert in alphabetical order:contractor licence means a contractor licence referred to in section 4, 5 or 16A.
endorsed contractor licence means a contractor licence endorsed under this Act to show that it is the equivalent of a supervisor certificate.
[3] Sections 3 (1) (definitions of “nominated supervisor” and “plumbing work”), 13 (1), 14 (1) (a), 15, 16, 24 (2), 28, 33 (a), 37, 53 (1) and (2), 83A (a) and 131 (b)
Omit “endorsed contractor contractor licence” wherever occurring.Insert instead “endorsed contractor licence”.
[4] Section 18K Form of contracts
Omit “business consultancy” from section 18K (6).Insert instead “building consultancy”.
Items [1]–[3] of the proposed amendments:(a) repeal and replace with a single definition two definitions that purport to define the same term (“contractor licence”) for the purposes of the Home Building Act 1989, and(b) repeal and replace another definition containing duplicated words, and(c) omit duplicated wording in respect of the latter definition elsewhere in the Home Building Act 1989.Item [4] of the proposed amendments corrects a typographical error.
2.18 Lake Macquarie Local Environmental Plan 2004
Omit “Crimes Act 1990” from paragraph (b) of the definition of restricted premises.Insert instead “Crimes Act 1900”.
The proposed amendment corrects an incorrect citation of an Act.
2.19 Local Courts (Civil Claims) Act 1970 No 11
Schedule 2 Savings and transitional provisions
Renumber clause 1 where secondly, thirdly, fourthly, fifthly, sixthly and seventhly occurring in Parts 5–10 as clauses 3–8 respectively.
The proposed amendment corrects duplicated clause numbering.
2.20 Local Government Act 1993 No 30
Chapter 14 Honesty and disclosure of interests
Omit the bullet point and matter relating to periodic returns in the table following section 448 and headed “Disclosure of Interests”.
The proposed amendment omits matter relating to a repealed Schedule.
2.21 Lotteries and Art Unions Regulation 2002
Omit “In this part” from clause 112M (1). Insert instead “In this Part”.
The proposed amendment corrects a typographical error.
2.22 Mental Health Act 1990 No 9
Section 84 Release of persons after review
Omit “Minister for Police and Emergency Services” from section 84 (3).Insert instead “Minister for Police”.
The proposed amendment updates a reference to a renamed portfolio.
2.23 Mental Health (Criminal Procedure) Act 1990 No 10
Omit “Minister for Police and Emergency Services” wherever occurring.Insert instead “Minister for Police”.
The proposed amendment updates references to a renamed portfolio.
2.24 New South Wales Crime Commission Act 1985 No 117
[1] Section 6 Principal functions of the Commission
Omit “Drug Trafficking (Civil Proceedings) Act 1990” from section 6 (1A).Insert instead “Criminal Assets Recovery Act 1990”.
[2] Section 24 (1) (a) and Schedule 3, clause 3 (1)
Omit “Minister for Police and Emergency Services” wherever occurring.Insert instead “Minister for Police”.
Omit the clause.
Item [1] of the proposed amendments updates a reference to a renamed Act.Item [2] of the proposed amendments updates references to a renamed portfolio.
Item [3] of the proposed amendments repeals a spent provision.
2.25 Occupational Health and Safety Regulation 2001
[1] Clause 287A Immediate suspension
Omit “assessor, or” from clause 287A (1) (b). Insert instead “assessor.”
[2] Schedule 3 Savings and transitional provisions
Omit “creylic formaldehyde resin” from clause 2 (c).Insert instead “cresylic formaldehyde resin”.
Item [1] of the proposed amendments omits a superfluous word.Item [2] of the proposed amendments corrects a typographical error.
2.26 Passenger Transport Act 1990 No 39
Schedule 5 Transport safety employees—alcohol or other drugs
Insert “or 53C as the case requires” after “section 9C” in the definition of transport safety work in clause 1.
The proposed amendment inserts a missing cross-reference.
2.27 Passenger Transport (Ferry Services) Regulation 2000
[1] Clause 39 Penalty notice offences
Omit “Column 4” from section 39 (1) (b). Insert instead “Column 2”.
[2] Schedule 1 Penalty notice offences
Omit “(Clauses 39 and 40)”. Insert instead “(Clause 39)”.
Renumber Column 4 as Column 2.
Before the repeal of section 145B of the Justices Act 1902 (which authorised the making of regulations prescribing short descriptions of offences), Columns 2 and 3 of Schedule 1 to the Passenger Transport (Ferry Services) Regulation 2000 contained short descriptions of offences under that Act and related processing codes. Columns 2 and 3 no longer appear in that Schedule.Schedule 1 [16] to the Passenger Transport (Ferry Services) Amendment (Safety and Reliability) Regulation 2003 omitted clause 40 from the Passenger Transport (Ferry Services) Regulation 2000. Item [2] makes a consequential amendment.
Item [3] of the proposed amendments renumbers Column 4 in consequence of the omission of Columns 2 and 3. Item [1] makes a consequential amendment.
2.28 Passenger Transport (Taxi-cab Services) Regulation 2001
Clause 52 Criteria to be met by applicants for authorisation to operate taxi-cab networks
Omit “areas of operations” from clause 52 (7) (a) (ii).Insert instead “areas of operation”.
The proposed amendment updates terminology.
2.29 Police Integrity Commission Act 1996 No 28
Omit “Drug Trafficking (Civil Proceedings) Act 1990” wherever occurring (including where occurring in the heading to section 19 and in the Note to section 84 (2)).Insert instead “Criminal Assets Recovery Act 1990”.
The proposed amendment updates references to a renamed Act.
2.30 Police Regulation (Superannuation) Act 1906 No 28
Section 2H Constitution of Committee
Omit “Minister for Police and Emergency Services” from section 2H (3) (e).Insert instead “Minister administering the Police Act 1990”.
The proposed amendment updates a reference to a renamed portfolio.
2.31 Public Authorities Superannuation Act 1985 No 41
Schedule 5 Repeal, savings and transitional provisions
Omit “this Act” from clause 11 (2). Insert instead “the Act concerned”.
The proposed amendment is consequential on an amendment made to clause 11 (1) of Schedule 5 to the Public Authorities Superannuation Act 1985. That amendment extended the power to make savings and transitional regulations in consequence of the enactment of the Superannuation Legislation Amendment (Family Law) Act 2003.
2.32 Public Finance and Audit Regulation 2000
Clause 17 Definitions of “authority” and “officer of an authority”
Omit “, Resource NSW” from clause 17 (11).
The proposed amendment is consequential on the dissolution of the statutory body Resource NSW by clause 14 of Schedule 4 to the Waste Avoidance and Resource Recovery Act 2001.
2.33 Public Sector Management (Goods and Services) Regulation 2000
[1] Schedule 1 Provisions relating to members of Board
Omit “(Clause 10 (1))”. Insert instead “(Clause 44 (1))”.
[2] Schedule 2 Provisions relating to procedure of Board
Omit “(Clause 10 (2))”. Insert instead “(Clause 44 (2))”.
Items [1] and [2] of the proposed amendments correct incorrect cross-references.
2.34 State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development
Omit “Division 2 of Part 4” from clause 2 (4) (c) and (d) wherever occurring.Insert instead “Division 10 of Part 4”.
The proposed amendment corrects incorrect cross-references.
2.35 State Environmental Planning Policy No 29—Western Sydney Recreation Area
Omit “hyraulic” from paragraph (b) of the definition of public utility undertaking.Insert instead “hydraulic”.
The proposed amendment corrects a spelling error.
2.36 State Environmental Planning Policy No 72—Linear Telecommunications Development—Broadband
Clause 12 Amendment of master plans
Omit “disatisfied” from clause 12 (5). Insert instead “dissatisfied”.
The proposed amendment corrects a spelling error.
2.37 Strata Schemes Management Act 1996 No 138
Schedule 2 Meetings and procedure of owners corporation
Omit “In this Part” from clause 30. Insert instead “In this Division”.
The proposed amendment corrects an incorrect cross-reference.
2.38 Strata Schemes Management Amendment Act 2004 No 9
Schedule 1 Amendment of Strata Schemes Management Act 1996
Omit “Property, Stock and Business Agent’s Act 2002” from Schedule 1 [59].Insert instead “Property, Stock and Business Agents Act 2002”.
The proposed amendment corrects an incorrect citation of an Act.
2.39 Sydney Regional Environmental Plan No 28—Parramatta
Omit “seperation” from clause 28 (2) (i) (xviii).Insert instead “separation”.
[2] Clause 69 Development within foreshore building line
Renumber clause 69 (6) (g) where secondly occurring as section 69 (6) (g1).
Item [1] of the proposed amendments corrects a spelling error.Item [2] of the proposed amendments corrects duplicate paragraph numbering.
2.40 Sydney Water Regulation 2000
Clause 32 Investigation of suspected contraventions
Omit “subclause (2)” from clause 32 (2). Insert instead “subclause (1)”.
The proposed amendment corrects an incorrect cross-reference.
2.41 Totalizator Act 1997 No 45
Section 43A Additional conditions of TAB Limited licences
Insert “of the Totalizator Agency Board Privatisation Act 1997” after “section 37A (6)” in the definition of nominated in section 43A (4).Commencement
The amendment to section 43A of the Totalizator Act 1997 commences, or is taken to have commenced, on the commencement of section 43A of that Act as inserted by Schedule 2 [6] to the Totalizator Legislation Amendment Act 2003.
The proposed amendment completes an incomplete cross-reference.
2.42 Transport Administration (General) Regulation 2000
Omit “Chief Executive of the RailCorp” from paragraph (c) of the definition of traffic control officer.Insert instead “Chief Executive of RailCorp”.
[2] Clause 16 Penalty notice offences
Omit “Column 4” from clause 16 (1) (b). Insert instead “Column 2”.
[3] Schedule 1 Penalty notice offences
Omit “(Clauses 16 and 17)”. Insert instead “(Clause 16)”.
Renumber Column 4 as Column 2 wherever occurring.
Item [1] of the proposed amendments omits a superfluous word.Before the repeal of section 145B of the Justices Act 1902 (which authorised the making of regulations prescribing short descriptions of offences), Columns 2 and 3 of Schedule 1 to the Transport Administration (General) Regulation 2000 contained short descriptions of offences under that Act and related processing codes. Columns 2 and 3 no longer appear in that Schedule.
Schedule 1 [10] to the Transport Administration (General) Amendment (RailCorp) Regulation 2003 omitted clause 17 from the Transport Administration (General) Regulation 2000. Item [3] makes a consequential amendment.
Item [4] renumbers Column 4 in consequence of the omission of Columns 2 and 3. Item [2] makes a consequential amendment.
2.43 Veterinary Practice Act 2003 No 87
Section 51 Tribunal’s powers when complaint proved
Omit “25,000” from section 51 (1) (d). Insert instead “$25,000”.
The proposed amendment inserts a missing dollar sign in a provision specifying the maximum amount of a particular fine.
2.44 Victims Support and Rehabilitation Act 1996 No 115
Section 68 Payments into Compensation Fund
Omit “Drug Trafficking (Civil Proceedings) Act 1990” from section 68 (b).Insert instead “Criminal Assets Recovery Act 1990”.
The proposed amendment updates a reference to a renamed Act.
2.45 Witness Protection Act 1995 No 87
Insert at the end of the section:(2) Notes in the text of this Act do not form part of this Act.
The proposed amendment inserts a standard provision in the Witness Protection Act 1995 to clarify the status of Notes in that Act.