Schedule 2 Amendments by way of statute law revision
(Section 3)
2.1 Associations Incorporation Act 1984 No 143
[1] The whole Act (except section 3 and Schedule 3)
Omit “Commissioner” and “Commissioner’s” wherever occurring.Insert instead “Director-General” and “Director-General’s” respectively.
Omit the definition of Commissioner.
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[4] Section 72A Delegation by Director-General
Insert “under this Act” after “functions” in section 72A (1).
The Associations Incorporation Act 1984 defines Commissioner, for the purposes of that Act, as the Director-General of the Department of Fair Trading.Items [1]–[3] of the proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading. Item [4] makes a consequential amendment.
2.2 Business Names Act 1962 No 11
[1] The whole Act (except section 4)
Omit “Commissioner” and “Commissioner’s” wherever occurring.Insert instead “Director-General” and “Director-General’s” respectively.
Omit the definition of Commissioner.
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[4] Section 25 Authority of Director-General to destroy documents
Omit “Archives Act 1960” wherever occurring.Insert instead “State Records Act 1998”.
[5] Section 31A Delegation by Director-General
Insert “under this Act” after “functions”.
The Business Names Act 1962 defines Commissioner, for the purposes of that Act, as the Director-General of the Department of Fair Trading.Items [1]–[3] of the proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading. Item [5] makes a consequential amendment.
Item [4] of the proposed amendments updates a reference to a repealed Act.
2.3 Child Protection (Prohibited Employment) Act 1998 No 147
Section 9 IRC and ADT may make declarations concerning prohibited persons
Insert “or” at the end of section 9 (3) (a).
The proposed amendment inserts an omitted word.
2.4 Children and Young Persons (Care and Protection) Act 1998 No 157
Section 135 What is “out-of-home” care?
Renumber section 135 (3) (as inserted by the Statute Law (Miscellaneous Provisions) Act 2000) as section 135 (4).
The proposed amendment corrects the duplication of a subsection number.
2.5 Coal Mines Regulation Act 1982 No 67
[1] Part 4 Mine inspection and safety provisions
Omit the heading to Division 4 of Part 4. Insert instead:Division 4 Inspections on behalf of workers
[2] Section 80 Electrical check inspectors
Omit “, a trade rights certificate or an indenture of electrical tradesman” from section 80 (2) (a).Insert instead “or be an electrical tradesperson”.
Omit “the holder of a trade rights certificate or an indenture of electrical tradesman”.Insert instead “an electrical tradesperson”.
Item [1] of the proposed amendments replaces gender-specific language with gender-neutral language.Items [2] and [3] update terminology used in a section.
2.6 Community Land Management Act 1989 No 202
[1] The whole Act (except sections 3 and 78, the headings to sections 109B, 109D and 109E and Division 1 of Part 5A and Schedule 7)
Omit “Commissioner” and “Commissioner’s” wherever occurring.Insert instead “Director-General” and “Director-General’s” respectively.
Omit the definition of Commissioner from section 3 (1).
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
Omit the heading to Division 1 of Part 5A. Insert instead:Division 1 Functions of Director-General under this Act
Omit the section.
[6] Section 109B Functions of Director-General
Omit section 109B (1).
Insert “under this Act” before “include”.
[8] Section 109D Staff of Director-General
Insert “under this Act” after “functions”.
[9] Section 109E Delegation of functions
Omit “or any other”.
[10] Section 109G Annual report of Director-General
Insert “under this Part” before “during” in section 109G (1).
The Community Land Management Act 1989 provides that the Commissioner, for the purposes of that Act, is the Director-General of the Department of Fair Trading.Items [1]–[3] of the proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading.
Items [4] and [6]–[8] and [10] make consequential amendments.
Item [5] consequentially omits a superfluous provision.
Section 109E of the Act currently enables the Commissioner to delegate his or her functions under the Community Land Management Act 1989 or any other Act. The functions of the Commissioner are conferred solely by that Act. Item [9] omits superfluous words with respect to the conferral of functions on the Commissioner by any other Act.
2.7 Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2
Omit “paragraph (d) of the definition of service provider” from the definition of community service.Insert instead “paragraph (f) of the definition of service provider”.
Paragraph (d) of the definition of service provider in section 4 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 was repealed and re-enacted by the Statute Law (Miscellaneous Provisions) Act 1996 as paragraph (f) of the definition. The proposed amendment updates a cross-reference to that paragraph.
2.8 Companies (Death Duties) Act 1901 No 30
Section 10 Duty on death of members
Renumber section 10 (1) (a) and (b) (where secondly occurring), (c) and (d) as section 10 (1) (c), (d), (e) and (f) respectively.
The proposed amendment corrects the duplication of paragraph identifiers.
2.9 Consumer Credit (New South Wales) Act 1995 No 7
Section 8 Conferral of judicial functions
Omit “Commercial Tribunal” wherever occurring.Insert instead “Fair Trading Tribunal”.
The proposed amendment updates references to a Tribunal which has been abolished.
2.10 Conveyancing Amendment (Building Management Statements) Act 2001 No 9
[1] Schedule 8B Rights and obligations implied in certain easements
Renumber clauses 7–14 as clauses 1–8, respectively.
[2] Schedule 8B, clause 5 (as renumbered by item [1])
Omit “subsection (1)” from clause 5 (2). Insert instead “subclause (1)”.
Item [1] of the proposed amendments renumbers inappropriately numbered clauses in a Schedule.Item [2] of the proposed amendments corrects an incorrect reference to a subclause.
2.11 Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11
Omit “profit and loss accounts and balance sheets” from the definition of accounts.Insert instead “statements of financial performance and statements of financial position”.
[2] Section 3 (1), definition of “accounts”
Omit “accounts or balance sheets”. Insert instead “statements”.
[3] The whole Act (except as otherwise amended by this Act)
Omit “profit and loss account”.Insert instead “statement of financial performance”.
[4] The whole Act (except as otherwise amended by this Act)
Omit “balance sheet”. Insert instead “statement of financial position”.
[5] Section 134 Directors’ reports
Renumber section 134 (6) (a) and (b) (where secondly occurring) as section 134 (6) (d) and (e).
Omit “Profit and loss account and balance sheet” wherever occurring.Insert instead “Statement of financial performance and statement of financial position”.
Items [1], [2]–[4] and [6] of the proposed amendments update references to financial statements.Item [5] of the proposed amendments corrects the duplication of paragraph identifiers.
[1] The whole Act (except section 5 (1))
Omit “Commissioner” wherever occurring. Insert instead “Director-General”.
[2] Sections 3 (4), 11 (3), 21 (1), 24 (2) (b) and (5) (c), 102 (4), 107 (6), 112 (2), 114 (1) (a), 117 (5) (c), 132 (4), 139 (2), 140 (1) and 164 (3)
Insert “or she” after “he” wherever occurring.
Omit the definition of Commissioner from section 5 (1).
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[5] Section 5 (1), definition of “credit”
Omit “him”. Insert instead “the debtor”.
[6] Section 5 (1), definition of “credit provider”
Omit “him” wherever occurring. Insert instead “that person”.
[7] Section 5 (1), definition of “default charge”
Omit “his failure to fulfil his”.Insert instead “the debtor’s failure to fulfil his or her”.
[8] Section 5 (1), definition of “guarantor”
Omit “his”. Insert instead “the debtor’s or mortgagor’s”.
[9] Section 5 (1), definition of “loan contract”
Omit “him” wherever occurring. Insert instead “the person”.
[10] Section 5 (1), definition of “services”
Omit “him or them”. Insert instead “that or those other persons”.
[11] Sections 11 (1) (a) and 62 (1) and (3)
Omit “his” wherever occurring. Insert instead “the credit provider’s”.
[12] Section 13 Contracts for hiring goods
Omit “him” wherever occurring in section 13 (2) (b) and (4).Insert instead “that person”.
[13] Sections 13 (3) (f), 22, 29 (except 29 (b)) and 117 (3) and (5) (except (5) (c))
Omit “him” and “he” wherever occurring. Insert instead “the supplier”.
[14] Section 17 Recognised States
Omit “he is”.
[15] Sections 24 (2) (a) and (b) (except (b) (i)) and (10), 48 (2) (a), 69 (1) (a), 74 (1), 81 (1) (3) and (6), 95 (2) and (4), 98 (1), 102 (2), 105, 110 (1), 113 (1) and (2), 118, 128 (2) (b), 139 (2), 147 (2) (e), 150 (1), 164 (1) (a) and (3)
Insert “or her” after “him” and “his” wherever occurring.
Omit “his”.
[17] Sections 24 (4) and (13) and 25 (3) (c)
Omit “he” or “him” wherever occurring. Insert instead “the buyer”.
Omit “him”. Insert instead “the credit provider”.
Omit “his” wherever occurring in section 32 (3) and (4).Insert instead “the person’s”.
[20] Sections 32 (5), 117 (2), 121 (1) and 156
Omit “him” and “he” wherever occurring. Insert instead “the person”.
[21] Sections 42 (2), 47 (1), 59 (2), 62 (1) (a) and (4) and 85 (1)
Omit “he” and “him” wherever occurring. Insert instead “the debtor”.
[22] Sections 45 (2), 46, 56, 57 (1), 63, 64 (2), 68 (2), 70 (4), 71 (4), 86 (1) and 104 (2)
Omit “he” and “him” wherever occurring. Insert instead “the credit provider”.
[23] Sections 49 (3) (a) and 59 (2)
Omit “his” wherever occurring. Insert instead “the debtor’s”.
Insert “or her” after “his”.
Omit “he”. Insert instead “the guarantor”.
Omit “he reasonably expects that he”.Insert instead “the debtor reasonably expects that he or she”.
[27] Sections 74 (3), 116 (4) and 139 (4)
Omit “he”. Insert instead “the Director-General”.
[28] Sections 81 (1) (b), 114 (1) (except 114 (1) (a)), 115 (3) and (6) and 128 (2) (b)
Omit “he” wherever occurring. Insert instead “the mortgagee”.
[29] Sections 94 (1), 95 (1), 113 (4) and 115 (1) and (6)
Omit “his” wherever occurring. Insert instead “the mortgagee’s”.
[30] Section 96 Disclosure of location of goods
Omit “his” from section 96 (2) (b). Insert instead “the mortgagor’s”.
[31] Sections 98 (2), 99 (1) and (2), 115 (5) (except 115 (5) (b))
Omit “him” wherever occurring. Insert instead “the mortgagor”.
Omit “he”. Insert instead “the debtor or guarantor concerned”.
[33] Sections 106 (4) (b), 112 (2) and 115 (5) (b)
Omit “him” wherever occurring. Insert instead “the mortgagee”.
Omit “him”. Insert instead “the debtor or mortgagor concerned”.
[35] Section 116 Postponement of exercise of rights
Omit “his” from section 116 (1).Insert instead “the credit provider’s or mortgagee’s”.
Omit “he”. Insert instead “the debtor or mortgagor”.
Omit “him”. Insert instead “the credit provider or mortgagee”.
Omit “he” where firstly occurring. Insert instead “the person”.
Insert “or she” after “he” where secondly occurring.
Omit “he” wherever occurring.Insert instead “the credit provider or mortgagee concerned”.
[41] Section 127 Insurance—regulated contracts
Omit “his providing” from section 127 (2). Insert instead “the provision of”.
Omit “he” wherever occurring. Insert instead “the mortgagor”.
[43] Section 131 Premiums to be paid to insurer
Omit “him”. Insert instead “the insurer”.
Omit “he represented him, or assisted him”.Insert instead “the person represented the debtor or the mortgagor or assisted the debtor or the mortgagor”.
Omit “his” where firstly and thirdly occurring. Insert instead “the person’s”.
Insert “or her” after “his” where secondly occurring.
Omit “he” wherever occurring. Insert instead “the person”.
Omit “him”. Insert instead “the assignor”.
Insert “or her” after “his” where firstly and lastly occurring.
Omit “his” where secondly occurring. Insert instead “the person’s”.
[51] Section 160 Offence by corporation
Omit “he”.Insert instead “the director, manager, secretary or other officer concerned”.
The proposed amendments update references to an office holder and replace gender specific terms with gender neutral terms.
2.13 Credit (Finance Brokers) Act 1984 No 96
Omit the definition of Commissioner from section 4 (1).
The proposed amendment omits a superfluous definition.
2.14 Credit (Home Finance Contracts) Act 1984 No 97
[1] The whole Act (except section 4)
Omit “Commissioner” wherever occurring. Insert instead “Director-General”.
Omit the definition of Commissioner.
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
The Credit (Home Finance Contracts) Act 1984 defines Commissioner, for the purposes of that Act, as the Director-General of the Department of Fair Trading.The proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading.
Section 19A Punishment for murder
Omit “section 442” from section 19A (3).Insert instead “section 21 (1) of the Crimes (Sentencing Procedure) Act 1999”.
The proposed amendment updates a reference to a repealed provision.
2.16 Criminal Procedure Act 1986 No 209
Schedule 1 Indictable offences triable summarily
Renumber paragraph 31 (as inserted by the Crimes Legislation Further Amendment Act 2000) in Part 6 of Table 1 as paragraph 30A.
The proposed amendment corrects the duplication of a paragraph number.
2.17 Dormant Funds Act 1942 No 25
Section 3 Certain Acts not affected
Omit “Unclaimed Money Act 1982” from section 3 (1).Insert instead “Unclaimed Money Act 1995”.
The proposed amendment updates a reference to an Act.
2.18 Factories, Shops and Industries Act 1962 No 43
Renumber paragraphs (a), (b) and (c) (where secondly occurring) and (d), (e), (f), (g) and (h) of the definition of engine in section 9 (1) as paragraphs (d), (e), (f), (g), (h), (i), (j) and (k) respectively.
The proposed amendment corrects the duplication of paragraph identifiers.
2.19 Funeral Funds Act 1979 No 106
[1] The whole Act (except to the extent to which its provisions are otherwise amended or repealed by this Act)
Omit “Registrar” and Registrar’s” wherever occurring.Insert instead “Director-General” and “Director-General’s” respectively.
Omit the definitions of Deputy Registrar and Registrar.
Insert in alphabetical order:Department means the Department of Fair Trading.
Director-General means the Director-General of the Department.
Omit the section. Insert instead:All documents lodged under this Act with the Director-General are to be kept in an office of the Department.
Omit the section.
Insert “under this Act” after “functions” in section 9 (1).
Omit “Registrar’s office”. Insert instead “Department”.
[8] Section 74 Application of Companies (New South Wales) Code
Omit “Registrar of Funeral Funds” and “Registrar” wherever occurring.Insert instead “Director-General of the Department of Fair Trading”.
[9] Section 88 Inspection of documents
Omit “the Registrar’s office”. Insert instead “an office of the Department”.
Omit “and seal”.
The functions of both the Registrar and the Deputy Registrar under the Funeral Funds Act 1979 are exercised by the Director-General of the Department of Fair Trading.Items [1]–[3] and [7]–[9] of the proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading and replaces references to the Registrar’s Office with references to the Department of Fair Trading. Item [6] makes a consequential amendment.
Items [5] and [10] make consequential amendments by omitting a superfluous provision and words.
Item [4] of the proposed amendments omits superfluous parts of a section and consequentially restates the remaining operative part of the section.
2.20 Habitual Criminals Act 1957 No 19
Section 5 Proof of previous conviction and imprisonment
Omit “Director-General of Corrective Services” wherever occurring in section 5 (2).Insert instead “Commissioner of Corrective Services”.
The proposed amendment updates a reference to an office holder.
2.21 Health Services Act 1997 No 154
Section 10 Functions of area health services
Omit “with” where secondly occurring in section 10 (j). Insert instead “under”.
The proposed amendment replaces an incorrect word.
2.22 Impounding Act 1993 No 31
Section 7 Dogs can be impounded in certain areas only
Omit “Dog Act 1966” from the note to section 7.Insert instead “Companion Animals Act 1998”.
The proposed amendment updates a reference to a repealed Act.
2.23 Independent Pricing and Regulatory Tribunal Act 1992 No 39
[1] Section 11 Investigations and reports by Tribunal—standing reference
Insert “the determination of” before “the proportion” in section 11 (3) (a) and (b).
Insert “the determination of” before “the repayment”.
[3] Schedule 4 Savings and transitional provisions
Omit “with the respect” from clause 10 (1). Insert instead “with respect”.
Items [1] and [2] of the proposed amendments makes the language of section 11 (3) consistent with language used elsewhere in the Independent Pricing and Regulatory Tribunal Act 1992.Item [3] of the proposed amendments omits a superfluous word.
2.24 Industrial Relations Act 1996 No 17
Omit the definition of penalty unit. Insert instead:penalty unit see section 17 of the Crimes (Sentencing Procedure) Act 1999.
The proposed amendment updates a reference to a repealed provision.
Section 48E Direction to witness to attend
Omit “that Act” wherever occurring in section 48E (9).Insert instead “the Crimes Act 1900”.
The proposed amendment updates references to an Act.
2.26 Land and Environment Court Act 1979 No 204
[1] Section 20 Class 4—environmental planning and protection and development contract civil enforcement
Renumber paragraph (cii) of section 20 (1) as paragraph (cia).
Omit “64”. Insert instead “63”.
Item [1] of the proposed amendments corrects the numbering of a paragraph.Item [2] of the proposed amendments corrects a cross-reference.
2.27 Landlord and Tenant (Amendment) Act 1948 No 25
[1] Section 36 Certain payments prohibited
Renumber section 36 (1) (b) (i), (ii) and (iii) (where secondly occurring) as section 36 (1) (b) (A), (B) and (C) respectively.
[2] Section 70 Court to consider hardship
Renumber section 70 (2A) (a) and (b) (where secondly occurring) as section 70 (2A) (d) and (e).
The proposed amendments correct the duplication of paragraph identifiers.
2.28 Law Reform (Miscellaneous Provisions) Act 1965 No 32
Omit the headings to the Parts.
The proposed amendment omits redundant Part headings.
2.29 Legal Aid Commission Act 1979 No 78
[1] Schedule 2 Membership of Board
Omit “section 8 (1) (a)” from the definition of Chairperson in clause 1.Insert instead “section 14 (2) (b) (i)”.
Omit “commissioner does not include the Chief Executive Officer.”Insert instead:
member of the Board does not include the Chief Executive Officer.
Item [1] of the proposed amendments corrects a cross-reference.Item [2] of the proposed amendments replaces a reference to a commissioner with a reference to a member of the Board (of the Legal Aid Commission).
Both amendments are consequential on the amendment of the Legal Aid Commission Act 1979 by the Legal Aid Commission Amendment Act 2000 (which, among other things, constituted the Board).
2.30 Mines Inspection Act 1901 No 75
Section 65 Publication of abstract of Act and general rules and copy of special rules
Renumber section 65 (a) and (b) (where secondly occurring) as section 65 (c) and (d).
The proposed amendment corrects the duplication of paragraph identifiers.
Schedule 3 The Geological and Mining Museum
Omit the Schedule.
The Mining and Petroleum Legislation Amendment Act 2000 repealed Part 16 of the Mining Act 1992. That Part established the Geological and Mining Museum Trust which no longer functioned at the time of that repeal.The proposed amendment repeals redundant provisions of the Mining Act 1992 that provide for the constitution and procedure of the Trust.
2.32 National Park Estate (Southern Region Reservations) Act 2000 No 103
Section 8 Dedication as Crown reserves under Crown Lands Act 1989 of certain former State forests, Crown land and other land
Omit section 8 (3). Insert instead:(3) The National Parks and Wildlife Reserve Trust established under section 9 of the Forestry and National Park Estate Act 1998 is appointed as trustee of the reserve consisting of all of the land described in Schedule 4.
Section 8 (3) of the National Park Estate (Southern Region Reservations) Act 2000 provides for the establishment of a National Parks and Wildlife Reserve Trust, under the control of the Director-General of National Parks and Wildlife, as the trustee of the land described in Schedule 4 to that Act. A trust by that name is also established by section 9 of the Forestry and National Park Estate Act 1998 as trustee of similar land. The proposed amendment clarifies that there are not 2 separate trusts but only one trust by that name.
2.33 Public Works Act 1912 No 45
Section 82 Power to take temporary possession of land
Renumber section 82 (1) (a), (b) and (c) (where secondly occurring) and (d) as section 82 (1) (d), (e), (f) and (g) respectively.
The proposed amendment corrects the duplication of paragraph identifiers.
2.34 Rural Lands Protection Act 1998 No 143
Schedule 2 Election or appointment of directors
Insert “subject to subclause (2),” before “the person” in clause 4 (1A) (a).
The proposed amendment makes it explicit that clause 4 (2) of Schedule 2 to the Rural Lands Protection Act 1998 (which provides that a director of a rural lands protection board is, if otherwise qualified, eligible for re-election or re-appointment for a further term at the conclusion of his or her term of office) has effect according to its terms and is not rendered inoperative by an extended interpretation of a provision that has been inserted into the Act (namely clause 4 (1A) of Schedule 2) to prevent a person holding more than one office of director concurrently on the same rural lands protection board or holding offices as director concurrently on more than one rural lands protection board.
2.35 Soil Conservation Act 1938 No 10
Section 22 Preservation of proclaimed works
Renumber section 22 (4) (a) and (b) (where secondly occurring) as section 22 (4) (e) and (f).
The proposed amendment corrects the duplication of paragraph identifiers.
2.36 State Owned Corporations Act 1989 No 134
[1] Schedule 6 Provisions to be included in memorandum or articles of association of statutory SOCs
Insert “of any requirement” after “contravention” in clause 3 (2) of Part 2 of the Schedule.
[2] Schedule 7 Provisions to be included in memorandum or articles of association of subsidiaries of statutory SOCs
Insert “of any requirement” after “contravention” in clause 3 (2) of Part 2 of the Schedule.
The proposed amendments insert omitted words.
2.37 Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Omit “Director-General of Corrective Services” and “Deputy Director-General of Corrective Services” from Part 1.Insert instead “Commissioner of Corrective Services” and “Deputy Commissioner of Corrective Services” respectively.
The proposed amendment updates references to office holders.
2.38 Strata Schemes (Freehold Development) Act 1973 No 68
[1] The whole Act (except sections 5, 28QC (5), 28QE (c), 49 and 91 and Schedule 4)
Omit “Commissioner” wherever occurring. Insert instead “Director-General”.
Omit the definition of Commissioner from section 5 (1).
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[4] Section 28QC Investigation of application for assistance
Omit section 28QC (5). Insert instead:(5) On completion of an investigation by a delegate of the Director-General of an application, the delegate must report to the Director-General on the results of the investigation.
[5] Section 28QE Application of Fair Trading Act 1987 to applications for assistance
Omit “under section 98 of this Act” from section 28QE (b).
Omit the paragraph.
Items [1]–[3] of the proposed amendments update references to an office holder.Items [4] and [6] make consequential amendments.
Item [5] of the proposed amendments omits a reference to a repealed section.
2.39 Strata Schemes (Leasehold Development) Act 1986 No 219
[1] The whole Act (except sections 4, 57AC (5), 57AE (c), 78 and 123 and Schedule 5)
Omit “Commissioner” wherever occurring. Insert instead “Director-General”.
Omit the definition of Commissioner from section 4 (1).
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[4] Section 57AC Investigation of application for assistance
Omit section 57AC (5). Insert instead:(5) On completion of an investigation by a delegate of the Director-General of an application, the delegate must report to the Director-General on the results of the investigation.
[5] Section 57AE Application of Fair Trading Act 1987 to application for assistance
Omit section 57AE (c).
Items [1]–[3] of the proposed amendments update references to an office holder.Item [4] repeals and re-enacts a provision in consequence of the update.
Item [5] omits a superfluous provision.
2.40 Strata Schemes Management Act 1996 No 138
[1] The whole Act (except Schedule 4 and the Dictionary)
Omit “Commissioner” and “Commissioner’s” wherever occurring.Insert instead “Director-General” and “Director-General’s” respectively.
[2] Chapter 5 Disputes and orders of Adjudicators and Board
Omit “Strata Schemes Commissioner” from the Introductory note to Part 2 of Chapter 5.Insert instead “Director-General”.
[3] Section 205 Payment of penalties or costs
Omit “of the Department of Fair Trading” wherever occurring.
Omit “a Strata Schemes Commissioner and for” from the Introductory note to Chapter 6.
Omit the heading to Part 1. Insert instead:Part 1 Functions of Director-General under this Act
[6] Section 211 Strata Schemes Commissioner
Omit the section.
Insert “under this Act” after “functions”.
[8] Section 214 Delegation of functions
Omit “or any other”.
[9] Section 212 Functions of Director-General
Omit section 212 (1).
Insert “under this Act” before “include”.
[11] Section 216 Annual report of Director-General
Insert “under this Act” before “during” in section 216 (1).
Omit “Commissioner” from the Introductory note to Chapter 7.Insert instead “Director-General”.
Omit the definition of Commissioner.
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
Items [1], [13] and [14] of the proposed amendments update references to an office holder. Items [2]–[5] and [7]–[12] make consequential amendments.Item [6] omits a superfluous provision.
Section 14 Power of board to deal with offences
Renumber section 14 (1) (i) (where secondly occurring) and (ii) as section 14 (1) (j) and (k).
The proposed amendment corrects paragraph identifiers.
2.42 Sydney Harbour Foreshore Authority Act 1998 No 170
Omit “section 56 of the Interpretation Act 1987” from the notes to the sections.Insert instead “section 17 of the Crimes (Sentencing Procedure) Act 1999”.
The proposed amendment updates a reference to a repealed provision.
2.43 Trade Measurement Administration Act 1989 No 234
Omit the definition of Commissioner from section 3 (1).
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
Omit “Commissioner” wherever occurring. Insert instead “Director-General”.
[4] Section 5 Superintendent and other staff
Insert “, for the purposes of this Act,” after “use” in section 5 (2).
The Trade Measurement Administration Act 1989 defines Commissioner, for the purposes of that Act, as the Director-General of the Department of Fair Trading.Items [1]–[3] of the proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading. Item [4] makes a consequential amendment.
2.44 Transport Administration Act 1988 No 109
[1] Section 19F Powers of RIC relating to rail infrastructure facilities and land
Omit “RAC”. Insert instead “RIC”.
[2] Schedule 6A Powers of RIC relating to rail infrastructure facilities and land
Omit “RAC’s” from clauses 3 (1) (b), 8 (1) (d) and (e) and (5) (b) wherever occurring.Insert instead “RIC’s”.
The proposed amendments update references to a statutory body.
2.45 Trustee Companies Act 1964 No 6
Omit “IOOF Australia Trustees (N.S.W.) Limited” wherever occurring.Insert instead “Tower Trust (NSW) Limited”.
The proposed amendments are consequential on the change of name of a company.
2.46 Uncollected Goods Act 1995 No 68
Omit “Unclaimed Money Act 1982” wherever occurring in the sections.Insert instead “Unclaimed Money Act 1995”.
The proposed amendment updates references to a repealed Act.
2.47 University of Western Sydney Act 1997 No 116
Schedule 4 Savings, transitional and other provisions
Omit “this Act” from clause 1 (2). Insert instead “the Act concerned”.
The proposed amendment amends a provision concerning the effect of regulations of a savings or transitional nature made under the University of Western Sydney Act 1997.The amendment is consequential on the enactment of an additional Act under which such regulations may be made.
2.48 Valuers Registration Act 1975 No 92
[1] Section 19 Removal of name of real estate valuer from register
Omit “temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act”.Insert instead “a protected person within the meaning of the Protected Estates Act 1983 or a temporary patient, a continued treatment patient or a forensic patient within the meaning of the Mental Health Act 1990”.
Omit “14 (b),” from section 30 (4).
[3] Section 30A Provision relating to Valuers Registration Regulation
Omit the section.
Item [1] of the proposed amendments updates references to terminology and to a repealed Act.Item [2] of the proposed amendments omits a redundant cross-reference.
Item [3] of the proposed amendments omits a spent provision.
2.49 Victims Support and Rehabilitation Act 1996 No 115
Section 77B Directions for compensation
Insert “of the Crimes (Sentencing Procedure) Act 1999” after “Part 3” in section 77B (1).
The proposed amendment inserts omitted words.