An Act to repeal certain 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) 2009.

2   Commencement

(1)  This Act commences on 8 January 2010, except as provided by this section.

(2)  The amendments made by the Schedules to this Act 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 8 January 2010.

3   Repeal of this Act

(1)  A subschedule of Schedule 1, 2, 3, 4 or 5 is repealed on the day following the day on which all of the provisions of the subschedule have commenced (except as provided by subsection (2)).

(2)  If a subschedule of Schedule 1, 2, 3, 4 or 5 commences before the date of assent to this Act, the subschedule is repealed on the day after the date of assent to this Act.

(3)  The repeal by this section of any such subschedule does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by those subschedules.

4   Explanatory notes

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

Schedules 1–6 (Repealed)

Schedule 7 General savings, transitional and other provisions

1   Effect of amendment of amending provisions

(1)  An amendment made by Schedule 1, 2, 3 or 5 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1, 2, 3 or 5 amendment concerned, taken to have effect as from the commencement of the amending provision (whether or not the amending provision has been repealed).

(2)  In this clause:

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

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or omission of matter contained in the amended Act or instrument without the insertion of any matter instead of the repealed or omitted matter, or

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

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

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   Effect of amendment on instruments

Except where expressly provided to the contrary, any instrument 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 instrument that is in force and made under a provision of an Act that is amended or substituted by the proposed Act will be taken to have been made under the Act as amended.

4   Revocation of repeal

(1)  The Governor may by proclamation published on the NSW legislation website revoke the repeal of any Act or instrument effected by the following:

this Act

Statute Law (Miscellaneous Provisions) Act (No 2) 2007

Statute Law (Miscellaneous Provisions) Act 2008

(2)  Any Act or instrument the subject of a proclamation under subclause (1) is taken not to be, and never to have been, repealed by the Act concerned.

(3)  Subclause (2) does not operate in respect of any Act or instrument 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 publication on the NSW legislation website of the proclamation under subclause (1) in respect of that Act or instrument, 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 publication of that proclamation.

(4)  A reference in this clause to an Act or instrument includes a reference to a provision of any Act or instrument.

Explanatory note

This clause enables the Governor, by proclamation, to revoke the repeal of any Act or instrument or the provision of any Act or instrument repealed by this Act or any of the other statute law revision Acts listed. The Act or instrument or provision of an Act or instrument the subject of the revocation of repeal is taken not to be, and never to have been, repealed.

5   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 on the NSW legislation website, 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 proposed Act.

Notes

Index of Acts and instruments amended by Schedules 1–6

Architects Act 2003 No 89—Schedule 3

Assisted Reproductive Technology Act 2007 No 69—Schedule 4

Associations Incorporation Act 2009 No 7—Schedules 1 and 4

Australian Jockey Club Act 2008 No 52—Schedules 3 and 5

Bail Regulation 2008—Schedule 4

Banana Industry Regulation 2008—Schedule 4

Barangaroo Delivery Authority Act 2009 No 2—Schedule 4

Baulkham Hills Local Environmental Plan 2005—Schedule 2

Building Professionals Act 2005 No 115—Schedule 1

Building Professionals Amendment Act 2008 No 37—Schedule 1

Business Names Act 2002 No 97—Schedule 3

Charcoal (Producer Gas) Act 1941 No 60—Schedule 3

Child Protection (Offenders Prohibition Orders) Regulation 2007—Schedule 4

Choice of Law (Limitation Periods) Act 1993 No 94—Schedule 3

City Tattersall’s Club Act of 1912—Schedule 3

Civil Procedure Act 2005 No 28—Schedule 2

Civil Procedure Regulation 2005—Schedule 4

Combat Sports Act 2008 No 116—Schedule 5

Commercial Agents and Private Inquiry Agents Act 2004 No 70—Schedule 3

Commission for Children and Young People Act 1998 No 146—Schedule 1

Commonwealth Powers (De Facto Relationships) Act 2003 No 49—Schedule 3

Commonwealth Powers (Family Law—Children) Act 1986 No 182—Schedule 3

Commonwealth Powers (State Banking) Act 1992 No 104—Schedule 3

Confiscation of Proceeds of Crime Act 1989 No 90—Schedules 2 and 4

Consumer Credit (New South Wales) Act 1995 No 7—Schedule 3

Consumer, Trader and Tenancy Tribunal Act 2001 No 82—Schedule 2

Consumer, Trader and Tenancy Tribunal Regulation 2009—Schedule 2

Contaminated Land Management Act 1997 No 140—Schedule 2

Conveyancing Act 1919 No 6—Schedule 5

Co-operatives Act 1992 No 18—Schedule 5

Corporations (Commonwealth Powers) Act 2001 No 1—Schedule 3

Crimes Act 1900 No 40—Schedule 2

Crimes (Administration of Sentences) Regulation 2008—Schedule 4

Crimes (Criminal Organisations Control) Act 2009 No 6—Schedule 4

Crimes (Domestic and Personal Violence) Act 2007 No 80—Schedule 4

Criminal Case Conferencing Trial Act 2008 No 10—Schedule 4

Dangerous Goods (Road and Rail Transport) Act 2008 No 95—Schedules 1 and 4

Dangerous Goods (Road and Rail Transport) Regulation 2009—Schedule 4

District Court Act 1973 No 9—Schedule 4

Drug Misuse and Trafficking Act 1985 No 226—Schedule 2

Eastern Gas Pipeline (Special Provisions) Act 1996 No 126—Schedule 2

Electricity Supply Act 1995 No 94—Schedule 2

Environmental Planning and Assessment Act 1979 No 203—Schedules 1 and 2

Environmental Planning and Assessment Amendment Act 2008 No 36—Schedules 1, 2 and 3

Environmental Planning and Assessment Regulation 2000—Schedule 2

Explosives Act 2003 No 39—Schedule 3

Financial Agreement Ratification Act 1928 No 14—Schedule 3

Fines Act 1996 No 99—Schedule 4

Fisheries Management Act 1994 No 38—Schedule 1

Fisheries Management (Estuary General Share Management Plan) Regulation 2006—Schedule 2

Government Information (Information Commissioner) Act 2009 No 53—Schedule 4

Government Information (Public Access) Act 2009 No 52—Schedule 4

Homebush Motor Racing (Sydney 400) Act 2008 No 106—Schedule 4

HomeFund Commissioner Act 1993 No 9—Schedule 3

Industrial Arbitration (Special Provisions) Act 1984 No 121—Schedule 3

Industrial Relations Amendment (Jurisdiction of Industrial Relations Commission) Act 2009 No 32—Schedule 1

Innkeepers Act 1968 No 24—Schedule 5

Interest Reduction Act 1931 No 44—Schedule 3

Interpretation Act 1987 No 15—Schedule 1

Jurisdiction of Courts (Cross-vesting) Act 1987 No 125—Schedule 3

Lake Macquarie Local Environmental Plan 2004—Schedule 2

Landlord and Tenant Act 1899 No 18—Schedule 5

Law Enforcement (Powers and Responsibilities) Regulation 2005—Schedule 2

Lismore Local Environmental Plan 2000—Schedule 2

Local Government Act 1993 No 30—Schedules 1 and 5

Local Government (General) Regulation 2005—Schedule 2

Lord Howe Island Regulation 2004—Schedule 5

Lotteries and Art Unions Act 1901 No 34—Schedule 5

Luna Park Site Act 1990 No 59—Schedule 5

Maitland Local Environmental Plan 1993—Schedule 2

Marine Parks (Zoning Plans) Regulation 1999—Schedule 2

Marine Pollution Act 1987 No 299—Schedule 3

Marine Safety Act 1998 No 121—Schedule 1

Mental Health (Forensic Provisions) Act 1990 No 10—Schedule 4

Mining Amendment Act 2008 No 19—Schedule 2

Moratorium Act 1932 No 57—Schedules 3, 4 and 5

Moree and District War Memorial Educational Centre Act 1962 No 15—Schedule 3

Motor Accidents Act 1988 No 102—Schedule 3

Motor Accidents Compensation Act 1999 No 41—Schedule 3

Motor Accidents (Determination of Non-Economic Loss) Order 2009—Schedule 2

Motor Dealers Act 1974 No 52—Schedule 2

Motor Sports (World Rally Championship) Act 2009 No 55—Schedules 2 and 4

Mutual Recognition (New South Wales) Act 1992 No 61—Schedule 3

National Rail Corporation (Agreement) Act 1991 No 82—Schedule 3

NSW Trustee and Guardian Act 2009 No 49—Schedule 4

Occupational Health and Safety Regulation 2001—Schedule 2

Parramatta Stadium Trust By-law 2005—Schedule 5

Personal Property Securities (Commonwealth Powers) Act 2009 No 35—Schedule 3

Pesticides Act 1999 No 80—Schedule 2

Pharmacy Practice Act 2006 No 59—Schedule 3

Photo Card Act 2005 No 20—Schedule 5

Police Integrity Commission Act 1996 No 28—Schedules 2 and 5

Private Health Facilities Act 2007 No 9—Schedule 5

Protection of the Environment Operations Act 1997 No 156—Schedule 1

Protection of the Environment Operations (General) Regulation 2009—Schedule 2

Public Finance and Audit Act 1983 No 152—Schedules 1 and 2

Public Health (Tobacco) Act 2008 No 94—Schedule 4

Public Health (Tobacco) Regulation 2009—Schedule 2

Public Lotteries Regulation 2007—Schedules 2 and 5

Public Sector Employment and Management Act 2002 No 43—Schedule 5

Rail Safety Act 2008 No 97—Schedule 1

Real Property Act 1900 No 25—Schedule 2

Restricted Premises Act 1943 No 6—Schedule 5

Retirement Villages Amendment Act 2008 No 121—Schedule 1

Rice Marketing Regulation 2005—Schedule 2

Road Transport (Driver Licensing) Regulation 2008—Schedule 4

Road Transport (General) Regulation 2005—Schedule 4

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

Road Transport (Safety and Traffic Management) Regulation 1999—Schedules 2 and 4

Roads Act 1993 No 33—Schedule 3

Royal Commission (Police Service) Act 1994 No 60—Schedule 5

Security Industry Regulation 2007—Schedule 5

Sir Joseph Banks Memorial Act 1945 No 30—Schedule 3

Smoke-free Environment Act 2000 No 69—Schedule 5

Snowy Hydro Corporatisation Act 1997 No 99—Schedule 3

South Sydney Local Environmental Plan 1998—Schedule 2

Sporting Venues Authorities Act 2008 No 65—Schedules 2 and 4

Sporting Venues (Invasions) Regulation 2006—Schedule 2

Standard Instrument (Local Environmental Plans) Amendment (Entertainment Venues) Order 2009—Schedule 2

State Environmental Planning Policy (Affordable Rental Housing) 2009—Schedule 2

State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial) 2009—Schedule 2

State Environmental Planning Policy No 59—Central Western Sydney Regional Open Space and Residential—Schedule 2

Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114—Schedule 3

Strata Schemes Management Act 1996 No 138—Schedule 1

Subordinate Legislation (Repeal) Act 1985 No 232—Schedule 3

Summary Offences Act 1988 No 25—Schedule 5

Surveillance Devices Act 2007 No 64—Schedule 4

Surveying Act 2002 No 83—Schedule 3

Sydney Harbour Foreshore Authority Regulation 2006—Schedule 5

Sydney Olympic Park Authority Regulation 2007—Schedule 5

Sydney Regional Environmental Plan No 24—Homebush Bay Area—Schedule 2

Teaching Service Act 1980 No 23—Schedule 3

Telecommunications (Interception and Access) (New South Wales) Act 1987 No 290—Schedule 2

Terrorism (Commonwealth Powers) Act 2002 No 114—Schedule 3

The Standard Insurance Company Limited and Certain Other Insurance Companies Act 1963 No 18—Schedule 3

Threatened Species Conservation Act 1995 No 101—Schedule 2

Totalizator Agency Board Privatisation Act 1997 No 43—Schedule 3

Trans-Tasman Mutual Recognition (New South Wales) Act 1996 No 102—Schedule 3

Travel Agents Act 1986 No 5—Schedule 1

Trustee Act 1925 No 14—Schedule 5

University of New South Wales (St George Campus) Act 1999 No 45—Schedule 3

Valuation of Land Act 1916 No 2—Schedule 3

Veterinary Practice Act 2003 No 87—Schedule 3

Water Act 1912 No 44—Schedule 4

Water (Commonwealth Powers) Act 2008 No 69—Schedule 3

Water Management Act 2000 No 92—Schedules 1 and 4

Water Sharing Plan for the Central Coast Unregulated Water Sources 2009—Schedule 2

Water Sharing Plan for the Coffs Harbour Area Unregulated and Alluvial Water Sources 2009—Schedule 2

Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009—Schedule 2

Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009—Schedule 2

Western Sydney Parklands Act 2006 No 92—Schedule 3

Wingecarribee Local Environmental Plan 1989—Schedule 2

Woollahra Local Environmental Plan 1995—Schedule 2

Workplace Injury Management and Workers Compensation Act 1998 No 86—Schedule 5

Index of Acts wholly repealed by Schedule 6

Appropriation (Budget Variations) Act 2008 No 25

Appropriation (Parliament) Act 2008 No 46

Appropriation (Special Offices) Act 2008 No 47

Biofuel (Ethanol Content) Amendment Act 2009 No 11

Companies (Receiver and Manager) Act 1959 No 8

Fisheries Management Amendment Act 2006 No 18

Matrimonial Causes Act 1899 No 14

Miscellaneous Acts (Local Court) Amendment Act 2007 No 94

Road Transport (Driver Licensing) Amendment (Demerit Points System) Act 2008 No 82

Wollongong Sportsground and Old Roman Catholic Cemetery Legislation Amendment (Transfer of Land) Act 2001 No 103

Index of Acts partly repealed by Schedule 6

Community Justice Centres Amendment Act 2007 No 70

Courts and Crimes Legislation Amendment Act 2008 No 53

Crimes and Courts Legislation Amendment Act 2006 No 107

Environmental Planning and Assessment Amendment Act 2008 No 36

Fines Further Amendment Act 2008 No 110

First State Superannuation Legislation Amendment (Conversion) Act 2005 No 91

Marine Safety Amendment Act 2008 No 59

Photo Card Act 2005 No 20

Security Industry Amendment Act 2008 No 113

Water Management Amendment Act 2008 No 73

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106. Assented to 14.12.2009. Date of commencement, Schs 1–6 excepted, 8.1.2010, sec 2 (1); date of commencement of Schs 1–6, Sch 1.9 and 1.15 excepted, 8.1.2010, sec 2 (2); Schs 1.9 and 1.15 were not commenced and were repealed by the Rail Safety (Adoption of National Law) Act 2012. This Act has been amended by sec 3 (1) of this Act and as follows:

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments