Note:
The Act was repealed by Part 2 of Sch 5 to the Statute Law (Miscellaneous Provisions) Act (No 2) 2007 No 82 with effect from 7.12.2007.

An Act to repeal certain Acts and instruments and provisions of Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.

1   Name of Act

This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2004.

2   Commencement

(1)  This Act commences on the date of assent, except as provided by this section.

(2)  The amendments made by Schedules 1 and 2 commence on the day or days specified in those Schedules in relation to the amendments concerned. If a commencement day is not specified, the amendments commence on the date of assent.

3   Amendments

The Acts and instruments specified in Schedules 1 and 2 are amended as set out in those Schedules.

4   Repeals

Each Act and instrument specified in Schedule 3 is, to the extent indicated in that Schedule, repealed.

5   General savings, transitional and other provisions

Schedule 4 has effect.

6   Explanatory notes

The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.

Schedule 1 (Repealed)

Schedule 2 Amendments by way of statute law revision

(Section 3)

2.1–2.18

2.19 Drug Court Act 1998 No 150

Section 18A Definitions (as inserted by the Compulsory Drug Treatment Correctional Centre Act 2004)

Omit “Corrections Health Service” from paragraph (c) of the definition of multi-disciplinary team.

Insert instead “Justice Health”.

The amendment to the Drug Court Act 1998 commences, or is taken to have commenced, immediately after the commencement of Schedule 1 [6] to the Compulsory Drug Treatment Correctional Centre Act 2004.

Explanatory note

The proposed amendment updates a reference to a renamed statutory health corporation.

2.20–2.127

Schedule 3 (Repealed)

Schedule 4 General savings, transitional and other provisions

(Section 5)

1   Effect of amendment of amending provisions

(1)  An amendment made by Schedule 1 or 2 to an amending provision contained in an Act is, if the amending provision has commenced before the date of assent to this Act, taken to have effect as from the commencement of the amending provision.

(2)  In this clause:

amending provision means a provision of an Act that makes a direct amendment to an Act by:

(a)  the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter, or

(b)  the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter, or

(c)  the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act,

      whether the provision was enacted before or after the commencement of the Reprints Act 1972.

Explanatory note

This clause ensures that certain amendments, including amendments correcting errors in technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting errors (for example, corrections in numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of omitted matter), will be taken to have commenced on the date the amendments to which they relate commenced.

2   Effect of amendment or repeal on acts done or decisions made

Except where it is expressly provided to the contrary, if this Act:

(a)  amends a provision of an Act or an instrument, or

(b)  repeals and re-enacts (with or without modification) a provision of an Act or an instrument,

any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.

Explanatory note

This clause ensures that the amendment or repeal of a provision will not, unless expressly provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.

3   Application of Interpretation Act 1987 to amendments to statutory rules

Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to any amendments to statutory rules made by this Act.

Explanatory note

This clause makes it clear that certain provisions concerning the making, tabling and disallowance of statutory rules do not apply to amendments to statutory rules made by the proposed Act.

4   Effect of amendment on regulations

Except where expressly provided to the contrary, any regulation made under an Act amended by this Act, that is in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.

Explanatory note

This clause ensures that, unless expressly provided, any regulation made under an Act amended by the proposed Act, and in force immediately before the commencement of the amendment, will be taken to have been made under the amended Act.

5   Effect of amendment on environmental planning instruments

The amendment of an environmental planning instrument by this Act does not prevent its later amendment or repeal by another environmental planning instrument.

Explanatory note

This clause ensures that the amendment of a local environmental plan or other environmental planning instrument does not prevent its amendment or repeal by an environmental planning instrument.

6   Effect of amendment on water sharing plan

The amendment by this Act of a water sharing plan made under section 50 of the Water Management Act 2000 does not prevent its later amendment or repeal by another such water sharing plan or other instrument.

Explanatory note

This clause ensures that the amendment of a water sharing plan does not prevent its amendment or repeal by another water sharing plan or other instrument.

7   Regulations

(1)  The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.

(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Explanatory note

This clause enables the making of regulations of a savings or transitional nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the Act.

Notes

Index of Acts and instruments amended by Schedules 1 and 2

Agricultural Livestock (Disease Control Funding) Act 1998 No 139—Schedule 1

Animal Research Act 1985 No 123—Schedule 1

Annual Reports (Statutory Bodies) Act 1984 No 87—Schedule 2

Armidale Local Environmental Plan 1988—Schedule 2

Ashfield Local Environmental Plan 1985—Schedule 2

Associations Incorporation Act 1984 No 143—Schedule 1

Baulkham Hills Local Environmental Plan 1991—Schedule 2

Blacktown Local Environmental Plan 1988—Schedule 2

Byron Local Environmental Plan 1988—Schedule 2

Camden Local Environmental Plan No 46—Schedule 2

Camden Local Environmental Plan No 47—Schedule 2

Catchment Management Authorities Act 2003 No 104—Schedule 1

Central Darling Local Environmental Plan 2004—Schedule 2

Children’s Services Regulation 2004—Schedule 2

Commonwealth Powers (Family Law—Children) Act 1986 No 182—Schedule 1

Community Land Development Act 1989 No 201—Schedule 1

Conveyancing Act 1919 No 6—Schedule 1

Crimes Act 1900 No 40—Schedule 2

Crimes (Administration of Sentences) Act 1999 No 93—Schedule 2

Crimes (Administration of Sentences) Regulation 2001—Schedule 2

Crimes (Local Courts Appeal and Review) Act 2001 No 120—Schedule 1

Crookwell Local Environmental Plan 1994—Schedule 2

Crown Lands Act 1989 No 6—Schedule 2

Culcairn Local Environmental Plan 1998—Schedule 2

Defamation Act 1974 No 18—Schedule 2

Drug Court Act 1998 No 150—Schedule 2

Drummoyne Local Environmental Plan 1986—Schedule 2

Dubbo Local Environmental Plan 1997—Rural Areas—Schedule 2

Dubbo Local Environmental Plan 1998—Urban Areas—Schedule 2

Dumaresq Local Environmental Plan No 1—Schedule 2

Dungog Local Environmental Plan 1990—Schedule 2

Duties Act 1997 No 123—Schedule 2

Electricity (Consumer Safety) Act 2004 No 4—Schedule 1

Electricity Supply Act 1995 No 94—Schedule 2

Environmental Planning and Assessment Act 1979 No 203—Schedule 2

Environmental Planning and Assessment Regulation 2000—Schedule 2

Exhibited Animals Protection Act 1986 No 123—Schedule 1

Exotic Diseases of Animals Act 1991 No 73—Schedule 1

Farrer Memorial Research Scholarship Fund Act 1930 No 38—Schedule 1

Fertilisers Act 1985 No 5—Schedule 1

Fines Act 1996 No 99—Schedule 1

Firearms Act 1996 No 46—Schedule 1

First State Superannuation Act 1992 No 100—Schedule 2

Fisheries Management Act 1994 No 38—Schedule 1

Fisheries Management (General) Regulation 2002—Schedule 2

Freedom of Information Regulation 2000—Schedule 2

Funeral Funds Act 1979 No 106—Schedule 1

Gaming Machine Tax Act 2001 No 72—Schedule 2

Goulburn Local Environmental Plan 1990—Schedule 2

Guardianship Act 1987 No 257—Schedule 2

Gunnedah Local Environmental Plan 1998—Schedule 2

Guyra Local Environmental Plan 1988—Schedule 2

Hastings Local Environmental Plan 2001—Schedule 2

Hawkesbury Local Environmental Plan 1989—Schedule 2

Heritage Act 1977 No 136—Schedule 1

Hornsby Shire Local Environmental Plan 1994—Schedule 2

Hunter’s Hill Local Environmental Plan No 1—Schedule 2

Illawarra Regional Environmental Plan No 1—Schedule 2

Jervis Bay Regional Environmental Plan 1996—Schedule 2

Law Enforcement (Powers and Responsibilities) Act 2002 No 103—Schedule 2

Legal Profession Act 1987 No 109—Schedule 2

Liquor Regulation 1996—Schedule 2

Liverpool Local Environmental Plan 1997—Schedule 2

Local Government Act 1993 No 30—Schedule 2

Maitland Local Environmental Plan 1993—Schedule 2

Mental Health Act 1990 No 9—Schedule 2

Mine Subsidence Compensation Act 1961 No 22—Schedule 1

Mining Regulation 2003—Schedule 2

Motor Accidents Act 1988 No 102—Schedule 2

Nambucca Local Environmental Plan 1995—Schedule 2

Narrabri Local Environmental Plan No 2—Schedule 2

Narromine Local Environmental Plan 1997—Schedule 2

National Parks and Wildlife Act 1974 No 80—Schedule 1

Native Vegetation Act 2003 No 103—Schedule 2

Natural Resources Commission Act 2003 No 102—Schedule 1

Nature Conservation Trust Act 2001 No 10—Schedule 1

New South Wales Crime Commission Act 1985 No 117—Schedule 2

Newcastle Local Environmental Plan 2003—Schedule 2

Newington College Council Act 1922—Schedule 2

North Sydney Local Environmental Plan 2001—Schedule 2

Noxious Weeds Regulation 2003—Schedule 1

NSW Grain Corporation Holdings Limited Act 1992 No 31—Schedule 2

Nundle Local Environmental Plan 2000—Schedule 2

Occupational Health and Safety Amendment (Dangerous Goods) Act 2003 No 38—Schedule 2

Partnership Act 1892 No 12—Schedule 2

Pawnbrokers and Second-hand Dealers Act 1996 No 13—Schedule 1

Plant Diseases Act 1924 No 38—Schedule 1

Police Act 1990 No 47—Schedule 1

Police Regulation (Superannuation) Act 1906 No 28—Schedule 2

Protection of the Environment Operations Act 1997 No 156—Schedule 2

Public Finance and Audit Act 1983 No 152—Schedule 1

Public Sector Employment and Management Act 2002 No 43—Schedule 1

Railway Construction (East Hills to Campbelltown) Act 1983 No 111—Schedule 2

Railway Construction (Maldon to Port Kembla) Act 1983 No 112—Schedule 2

Randwick Local Environmental Plan 1998—Schedule 2

Real Property Act 1900 No 25—Schedule 1

Residential Parks Act 1998 No 142—Schedule 1

Residential Tenancies Act 1987 No 26—Schedule 2

Road Transport (Safety and Traffic Management) Act 1999 No 20—Schedule 1

Roman Catholic Church Communities’ Lands Act 1942 No 23—Schedule 1

Roman Catholic Church Trust Property Act 1936 No 24—Schedule 1

Royal Botanic Gardens and Domain Trust Regulation 2002—Schedule 2

Rural Lands Protection Act 1998 No 143—Schedule 1

Scone Local Environmental Plan 1986—Schedule 2

Shoalhaven Local Environmental Plan 1985—Schedule 2

State Authorities Non-contributory Superannuation Act 1987 No 212—Schedule 2

State Authorities Superannuation Act 1987 No 211—Schedule 2

State Environmental Planning Policy No 65—Design Quality of Residential Flat Development—Schedule 2

Stock (Artificial Breeding) Regulation 1995—Schedule 1

Stock (Chemical Residues) Act 1975 No 26—Schedule 1

Stock Diseases Act 1923 No 34—Schedule 1

Stock Diseases (General) Regulation 2004—Schedule 1

Stock Foods Regulation 1997—Schedule 1

Superannuation Act 1916 No 28—Schedule 2

Swine Compensation Act 1928 No 36—Schedule 1

Sydney Olympic Park Authority Act 2001 No 57—Schedule 2

Sydney Regional Environmental Plan No 26—City West—Schedule 2

Sydney Regional Environmental Plan No 28—Parramatta—Schedule 2

Temora Local Environmental Plan 1987—Schedule 2

Transport Administration Act 1988 No 109—Schedule 2

Trustee Companies Regulation 2000—Schedule 2

Tumut Local Environmental Plan 1990—Schedule 2

Uralla Local Environmental Plan 1988—Schedule 2

Valuation of Land Act 1916 No 2—Schedule 1

Veterinary Practice Act 2003 No 87—Schedule 2

Wagga Wagga Local Environmental Plan—Reclassification of Public Land—Schedule 2

Warringah Local Environmental Plan 2000—Schedule 2

Water Management Act 2000 No 92—Schedule 1

Water Management (Private Water Trusts—General) Savings and Transitional Regulation 1995—Schedule 2

Water Sharing Plan for the Adelong Creek Water Source 2003—Schedule 2

Water Sharing Plan for the Alstonville Plateau Groundwater Sources 2003—Schedule 2

Water Sharing Plan for the Apsley River Water Source 2003—Schedule 2

Water Sharing Plan for the Castlereagh River above Binnaway Water Source 2003—Schedule 2

Water Sharing Plan for the Commissioners Waters Water Source 2003—Schedule 2

Water Sharing Plan for the Coopers Creek Water Source 2003—Schedule 2

Water Sharing Plan for the Dorrigo Plateau Surface Water Source and Dorrigo Basalt Groundwater Source 2003—Schedule 2

Water Sharing Plan for the Gwydir Regulated River Water Source 2002—Schedule 2

Water Sharing Plan for the Hunter Regulated River Water Source 2003—Schedule 2

Water Sharing Plan for the Jilliby Jilliby Creek Water Source 2003—Schedule 2

Water Sharing Plan for the Kangaroo River Water Source 2003—Schedule 2

Water Sharing Plan for the Karuah River Water Source 2003—Schedule 2

Water Sharing Plan for the Kulnura Mangrove Mountain Groundwater Sources 2003—Schedule 2

Water Sharing Plan for the Lachlan Regulated River Water Source 2003—Schedule 2

Water Sharing Plan for the Lower Gwydir Groundwater Source 2003—Schedule 2

Water Sharing Plan for the Lower Lachlan Groundwater Source 2003—Schedule 2

Water Sharing Plan for the Lower Macquarie Groundwater Sources 2003—Schedule 2

Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2003—Schedule 2

Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2003—Schedule 2

Water Sharing Plan for the Mandagery Creek Water Source 2003—Schedule 2

Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003—Schedule 2

Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003—Schedule 2

Water Sharing Plan for the Ourimbah Creek Water Source 2003—Schedule 2

Water Sharing Plan for the Phillips Creek, Mooki River, Quirindi Creek and Warrah Creek Water Sources 2003—Schedule 2

Water Sharing Plan for the Rocky Creek, Cobbadah, Upper Horton and Lower Horton Water Source 2003—Schedule 2

Water Sharing Plan for the Stuarts Point Groundwater Source 2003—Schedule 2

Water Sharing Plan for the Tarcutta Creek Water Source 2003—Schedule 2

Water Sharing Plan for the Tenterfield Creek Water Source 2003—Schedule 2

Water Sharing Plan for the Tomago Tomaree Stockton Groundwater Sources 2003—Schedule 2

Water Sharing Plan for the Toorumbee Creek Water Source 2003—Schedule 2

Water Sharing Plan for the Upper Billabong Water Source 2003—Schedule 2

Water Sharing Plan for the Upper Brunswick River Water Source 2003—Schedule 2

Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2003—Schedule 2

Water Sharing Plan for the Wandella Creek Water Source 2003—Schedule 2

Water Sharing Plan for the Wybong Creek Water Source 2003—Schedule 2

Wine Grapes Marketing Board (Reconstitution) Act 2003 No 100—Schedule 1

Wollondilly Local Environmental Plan 1991—Schedule 2

Wollongong Local Environmental Plan No 38—Schedule 2

Woollahra Local Environmental Plan 1995—Schedule 2

Wyong Local Environmental Plan 1991—Schedule 2

Young Offenders Act 1997 No 54—Schedule 1

Index of Acts and instruments wholly repealed by Schedule 3

Bail Amendment (Firearms and Property Offences) Act 2003 No 84

Broken Hill Proprietary Company Limited (Reclamation and Exchange) Agreement Ratification Act 1950 No 1

Broken Hill Proprietary Company Limited (Steelworks) Agreement Ratification Act 1950 No 12

Crimes (Administration of Sentences) Amendment Act 2004 No 47

Crimes (Administration of Sentences) Further Amendment Act 2002 No 79

Crimes Legislation Amendment Act 2004 No 11

Energy Administration (Natural Gas Rationing) Regulation 2004

Energy Administration (Natural Gas Rationing) Regulation (No 2) 2004

Fair Trading Amendment Act 2003 No 35

Fair Trading Amendment Act 2004 No 21

Fisheries Management (Continuation of Activities in Lowland Darling River Catchment) Interim Order 2004

Fisheries Management (Continuation of Activities in Lowland Darling River Catchment—Menindee Lakes) Interim Order 2004

Fisheries Management (Continuation of Activities in the Lowland Darling River Catchment) Interim Order 2003

Food Legislation Amendment Act 2004 No 16

Health Legislation Amendment Act 2004 No 37

Interim Development Order No 1—Shire of Gunning

Interim Development Order No 43—Municipality of Port Macquarie

Legal Profession Amendment Act 2004 No 51

Lord Howe Island Amendment Act 2004 No 12

Public Finance and Audit (Auditor-General) Amendment Act 1991 No 88

Public Lotteries Legislation Amendment Act 2004 No 13

Registered Clubs Amendment Act 2003 No 93

Retirement Villages Amendment Act 2004 No 14

Superannuation Administration Amendment Act 2004 No 10

The Synod of Eastern Australia Property Amendment Act 2004 No 6

Thoroughbred Racing Legislation Amendment Act 2004 No 23

Totalizator Legislation Amendment Act 2003 No 101

Water Management Amendment Act 2004 No 39

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Statute Law (Miscellaneous Provisions) Act (No 2) 2004 No 91. Second reading speech made: Legislative Assembly, 19.11.2004; Legislative Council, 7.12.2004. Assented to 10.12.2004. Date of commencement, Schs 1 and 2 excepted, assent, sec 2 (1); date of commencement of Schs 1 and 2 (except Schs 1.9 [1]–[4], 1.17 [1] [7]–[9] and [14], 1.27, 1.28, 1.41, 2.2, 2.18, 2.19, 2.29, 2.31, 2.32, 2.73, 2.74 and 2.76 [1] and [2]), assent, sec 2 (2); date of commencement of Sch 1.9 [1]–[4], 3.2.2006, Sch 1.9 and GG No 16 of 3.2.2006, p 532; date of commencement of Sch 1.17 [1] [7]–[9] and [14], assent, Sch 1.17; date of commencement of Sch 1.27, 1.1.2005, Sch 1.27; date of commencement of Sch 1.28, 1.1.2005, Sch 1.28; date of commencement of Sch 1.41, 10.12.2004, Sch 1.41 and GG No 199 of 10.12.2004, p 9299; date of commencement of Sch 2.2, 1.1.2005, Sch 2.2; date of commencement of Sch 2.18, 1.1.2005, Sch 2.18; date of commencement of Sch 2.19, immediately after the commencement of Sch 1 [6] to the Compulsory Drug Treatment Correctional Centre Act 2004 No 42 (ie 21.7.2006), Sch 2.19 and GG No 84 of 30.6.2006, p 4783; date of commencement of Sch 2.29, 1.1.2005, Sch 2.29; date of commencement of Sch 2.31, 1.1.2005, Sch 2.31; date of commencement of Sch 2.32, 1.1.2005, Sch 2.32; date of commencement of Sch 2.73, 1.1.2005, Sch 2.73; date of commencement of Sch 2.74, 1.1.2005, Sch 2.74; date of commencement of Sch 2.76 [1] and [2], 1.1.2005, Sch 2.76. This Act has been amended as follows:

Table of amendments