An Act to repeal certain Acts and instruments 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 2011.

2   Commencement

(1)  This Act commences on 8 July 2011 or the date of assent to this Act, whichever is the later.

(2)  However, 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 in accordance with subsection (1).

3   Explanatory notes

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

Schedules 1–4 (Repealed)

Schedule 5 General savings, transitional and other provisions

1   Effect of amendment of amending provisions

(1)  An amendment made by Schedule 1, 2 or 3 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1, 2 or 3 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taken to have effect as from the commencement of the amending provision (whether or not the amending provision has been repealed).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or omission of matter contained in the amended Act or instrument without the insertion of any matter instead of the repealed or omitted matter, or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

Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or instruments by this Act.

Explanatory note

The effect of this clause is to enable 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. 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 or instruments amended by Schedules 1–3

Administrative Decisions Tribunal Regulation 2009—Schedule 2

Adoption Act 2000 No 75—Schedule 1

Anti-Discrimination Act 1977 No 48—Schedule 2

Associations Incorporation Act 2009 No 7—Schedule 1

Associations Incorporation Regulation 2010—Schedule 2

Baptist Churches of New South Wales Property Trust Act 1984 No 4—Schedule 3

Baulkham Hills Local Environmental Plan 2005—Schedule 2

Capital Debt Charges Act 1957 No 1—Schedule 2

Children and Young Persons (Care and Protection) Act 1998 No 157—Schedule 1

Civil Liability Act 2002 No 22—Schedule 3

Coal Acquisition Legislation Repeal Act 2007 No 62—Schedule 2

Commercial Agents and Private Inquiry Agents Regulation 2006—Schedule 2

Commercial Arbitration Act 2010 No 61—Schedule 2

Competition Policy Reform (New South Wales) Act 1995 No 8—Schedule 3

Conversion of Cemeteries Act 1974 No 17—Schedule 3

Conveyancers Licensing Act 2003 No 3—Schedule 2

Conveyancers Licensing Regulation 2006—Schedule 2

Crimes Act 1900 No 40—Schedule 3

Crimes at Sea Act 1998 No 173—Schedule 2

Election Funding, Expenditure and Disclosures Act 1981 No 78—Schedule 1

Election Funding, Expenditure and Disclosures Regulation 2009—Schedule 2

Environmental Planning and Assessment Act 1979 No 203—Schedules 2 and 3

Environmental Planning and Assessment Regulation 2000—Schedule 2

Fair Trading Act 1987 No 68—Schedule 2

Fire Brigades Act 1989 No 192—Schedule 1

Gunning Local Environmental Plan 1997—Schedule 2

Health Care Complaints Act 1993 No 105—Schedule 2

Health Practitioner Regulation (New South Wales) Regulation 2010—Schedule 2

Health Services Act 1997 No 154—Schedule 2

Home Building Act 1989 No 147—Schedule 2

Justices of the Peace Regulation 2009—Schedule 2

Land and Environment Court Act 1979 No 204—Schedule 2

Legal Aid Commission Act 1979 No 78—Schedule 2

Legal Profession Act 2004 No 112—Schedule 2

Local Government Act 1993 No 30—Schedule 2

Local Government and Other Authorities (Superannuation) Act 1927 No 35—Schedule 3

Local Government (General) Regulation 2005—Schedule 2

Macquarie University By-law 2005—Schedule 2

Marine Safety Act 1998 No 121—Schedule 2

Marine Safety (Commercial Vessels) Regulation 2010—Schedule 2

Marine Safety (General) Regulation 2009—Schedule 2

Mining Act 1992 No 29—Schedule 2

National Gas (New South Wales) Act 2008 No 31—Schedule 2

Offshore Minerals Act 1999 No 42—Schedule 2

Parramatta Local Environmental Plan 2001—Schedule 2

Passenger Transport Regulation 2007—Schedule 2

Petroleum (Offshore) Act 1982 No 23—Schedule 2

Plantations and Reafforestation (Code) Regulation 2001—Schedule 2

Police Act 1990 No 47—Schedule 1

Police Integrity Commission Act 1996 No 28—Schedule 1

Prisoners (Interstate Transfer) Order 2010—Schedule 2

Probate and Administration Act 1898 No 13—Schedule 3

Property, Stock and Business Agents Act 2002 No 66—Schedule 2

Property, Stock and Business Agents Regulation 2003—Schedule 2

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

Public Health Act 2010 No 127—Schedule 2

Public Works Act 1912 No 45—Schedule 3

Residential Parks Act 1998 No 142—Schedule 2

Residential Tenancies Act 2010 No 42—Schedule 1

Residential Tenancies Regulation 2010—Schedules 1 and 2

Retail Trading Act 2008 No 49—Schedule 2

Security Industry Regulation 2007—Schedule 2

Singleton Local Environmental Plan 1996—Schedule 2

State Bank (Corporatisation) Act 1989 No 195—Schedule 3

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008—Schedule 2

State Environmental Planning Policy (Infrastructure) 2007—Schedule 2

State Environmental Planning Policy (Major Development) 2005—Schedule 2

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011—Schedule 2

State Records Act 1998 No 17—Schedule 3

Statutory and Other Offices Remuneration Act 1975 (1976 No 4)—Schedule 1

Strata Schemes Management Act 1996 No 138—Schedule 2

Subordinate Legislation Act 1989 No 146—Schedule 3

Succession Act 2006 No 80—Schedule 2

Superannuation Act 1916 No 28—Schedule 2

Superannuation Legislation Amendment (Family Law) Act 2003 No 77—Schedule 3

Transport Administration Act 1988 No 109—Schedule 3

Trustee Act 1925 No 14—Schedule 3

Valuers Act 2003 No 4—Schedule 2

Walker Trusts Act 1938 No 31—Schedule 2

Water Management Act 2000 No 92—Schedule 1

Water Management (General) Regulation 2004—Schedule 1

Water Management (Water Supply Authorities) Regulation 2004—Schedule 1

Water Sharing Plan for the Greater Metropolitan Region Groundwater Sources 2011—Schedule 2

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

Water Sharing Plan for the Murrah-Wallaga Area Unregulated and Alluvial Water Sources 2010—Schedule 2

Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010—Schedule 2

Water Sharing Plan for the Towamba River Unregulated and Alluvial Water Sources 2010—Schedule 2

Water Sharing Plan for the Tweed River Area Unregulated and Alluvial Water Sources 2010—Schedule 2

Wild Dog Destruction Act 1921 No 17—Schedule 1

Workers Compensation Act 1987 No 70—Schedules 2 and 3

Workers Compensation Regulation 2010—Schedule 2

Index of Acts or instruments wholly repealed by Schedule 4

Australian Iron & Steel Limited Agreement Ratification Act 1936 No 36

Bega Cemetery Act 1943 No 37

Blue Mountains Land Development (Special Provisions) Act 1985 No 55

Botany and Randwick Sites Development Act 1982 No 99

Bungendore to Captain’s Flat Railway Act 1930 No 23

Bungendore to Captain’s Flat Railway Agreement Ratification Act 1937 No 25

Business Franchise Licences (Repeal) Act 1997 No 109

Campbelltown Presbyterian Cemetery Act 1984 No 19

Canowindra to Gregra Railway Act 1924 No 54

Carlingford Drainage Improvement (Land Exchange) Act 1992 No 68

Chaffey Dam Act 1974 No 60

Circular Quay Land Act 1890 54 Vic No 24

Clyde Waste Transfer Terminal (Special Provisions) Act 2003 No 88

Coal Mining Industry Long Service Leave (Repeal) Act 1992 No 82

Commonwealth and State Housing Agreement Act 1946 No 19

Commonwealth and State Housing Agreement Act 1955 No 41

Commonwealth Loans (Investment Enabling) Act 1915 No 63

Competition Policy Reform (New South Wales) Regulation 2008

Competition Policy Reform (New South Wales) Savings and Transitional Regulation 1996

Constitutional Legislation (Repeal) Act 1985 No 110

Coomealla Irrigation Area Deep Drainage (Repeal) Act 1979 No 162

Coonabarabran to Burren Junction Railway Act 1913 No 12

Country Towns Water and Sewerage (Reduction of Debts) Act 1922 No 27

Country Towns Water Supply and Sewerage (Debts) Act 1937 No 32

Darling Harbour Wharves Resumption Act 1900 No 10

Dartmouth Reservoir (Financial Agreement) Act 1970 No 30

Destitute Children’s Society (Vesting) Act 1916 No 82

East Maitland Pasturage Reserve (Divesting) Act 1937 No 24

Eastern Gas Pipeline (Special Provisions) Act 1996 No 126

Evans Head Harbour Works Act 1960 No 44

Financial Agreement (Returned Soldiers Settlement) Ratification Act 1935 No 1

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

Funeral Services Industry (Days of Operation) Repeal Act 2000 No 14

Gilgandra to Collie Railway Act 1915 No 47

Gladesville Mental Hospital Cemetery Act 1960 No 45

Glen Innes to Inverell Railway Act 1950 No 7

Great Northern Railway Deviation (Singleton to Nundah) Act 1951 No 37

Guyra to Dorrigo Railway Act 1928 No 15

Housing Agreement Act 1956 No 35

Housing Agreement Act 1961 No 39

Housing Agreement Act 1966 No 40

Housing Agreement Act 1973 No 57

Housing Agreement Act 1974 No 90

Housing Agreement Act 1978 No 149

Housing Agreement Act 1981 No 129

Housing Agreement Act 1985 No 32

Inverell to Ashford Railway Act 1927 No 27

Junee Water Supply Administration (Repeal) Act 1982 No 139

Kooragang Coal Terminal (Special Provisions) Act 1997 No 138

Lady Edith Carpenter Land Vesting Act 1937 No 6

Law Courts Limited Act 1977 No 10

Law Reform (Marital Consortium) Act 1984 No 38

Local Court (Savings and Transitional) Regulation 2009

Local Government and Other Authorities (Superannuation) Amendment Act 1977 No 46

Local Government Areas Amalgamation Act 1980 No 110

Local Government (City of Sydney Boundaries) Act 1967 No 48

Local Government (Town and Country Planning) Amendment Act 1962 No 7

Maintenance, Champerty and Barratry Abolition Act 1993 No 88

Maritime Services (Amendment) Act 1981 No 76

Maritime Services (Amendment) Act 1984 No 101

Methodist Church, Rockdale, Cemetery Act 1936 No 29

Moore-street Improvement Act of 1890 54 Vic No 30

Moss Vale—Port Kembla Railway Agreement Ratification Act 1927 No 21

National Parks and Wildlife (Adjustment of Areas) Act 2001 No 49

New South Wales Investment Corporation (Sale) Act 1988 No 50

Newcastle Islands Development Scheme Railway Act 1966 No 28

Newcastle (Miscellaneous Lands) Act 1979 No 140

Parliamentary Remuneration (Special Provisions) Act 1982 No 158

Parramatta River (Ryde to Concord) Bridge Act 1931 No 9

Police Powers (Drug Detection Trial) Act 2003 No 28

Port Kembla Development (Special Provisions) Act 1997 No 40

Public Servant Housing Authority (Dissolution) Act 1996 No 14

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

Rand to Bull Plain Railway Act 1924 No 60

Royal Blind Society (Corporate Conversion) Act 2003 No 64

Saint Andrew’s Cathedral Site Agreements and Central Baptist Church Act 1936 No 15

St. Andrew’s Church of England, Mayfield, Cemetery Act 1957 No 39

St. Andrew’s Presbyterian Church, Woonona, Cemetery Act 1966 No 6

St. Anne’s Church of England, Ryde, Act 1968 No 47

St. Anne’s Church of England (Ryde) Cemetery Act 1940 No 9

St. George’s Church of England, Hurstville, Cemetery Act 1961 No 63

St. Peter’s Church of England, Cook’s River, Cemetery Act 1968 No 48

Sandy Hollow, via Gulgong, to Maryvale Railway Act 1927 No 28

South-west Tablelands Water Supply Administration (Repeal) Act 1997 No 114

Sports Drug Testing Act 1995 No 45

State Bank (Corporatisation) Savings and Transitional Regulation 1990

State Environmental Planning (Permissible Mining) Act 1996 No 27

State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011

Statute Law (Miscellaneous Provisions) Act 2010 No 59

Subordinate Legislation (Repeal) Act 1985 No 232

Summary Offences (Repeal) Act 1979 No 62

Sutherland to Cronulla Railway Act 1936 No 39

Sydney 2000 Games Administration Act 2000 No 81

Sydney to Melbourne Railway Standardisation Agreement Act 1958 No 48

Thirlmere to Burragorang Railway Act 1951 No 28

Tocumwal Railway Extension Act 1906 No 57

Tocumwal Railway Extension (Supplementary Agreement Ratification) Act 1978 No 71

Totalizator Agency Board Privatisation Transitional Regulation 1998

Trustee Act 1898 No 4

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

Whittingham to Mount Thorley Railway Act 1975 No 51

WorkCover Legislation Amendment Act 1996 No 120

Workers’ Compensation (Brucellosis) Act 1979 No 116

Wyalong towards Condobolin Railway Act 1923 No 47

Index of Acts and instruments partly repealed by Schedule 4

Combat Sports Act 2008 No 116

Conveyancers Licensing Act 2003 No 3

Conveyancing Act 1919 No 6

Drug and Alcohol Treatment Act 2007 No 7

Environmental Planning and Assessment Amendment Act 2008 No 36

Fisheries Management (Lobster Share Management Plan) Regulation 2000

Land Development Contribution Management Act 1970 No 22

Mining Amendment Act 2008 No 19

National Parks and Wildlife (Adjustment of Areas) Act 2005 No 27

Property, Stock and Business Agents Act 2002 No 66

Public Health (Tobacco) Act 2008 No 94

Royal Blind Society (Merger) Act 2005 No 87

Statute Law (Miscellaneous Provisions) Act 2009 No 56

Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114

Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106

Superannuation Legislation Amendment (Family Law) Act 2003 No 77

Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005 No 113

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Statute Law (Miscellaneous Provisions) Act 2011 No 27. Assented to 27.6.2011. Date of commencement, Schs 1–4 excepted, 8.7.2011, sec 2 (1); date of commencement of Schs 1–4, except Schs 1.10, 2.18, 2.19 [1], 2.23, 2.32 [1] and 2.65, 8.7.2011, sec 2 (2); date of commencement of Sch 1.10, 23.9.2011, Sch 1.10 and 2011 (499) LW 23.9.2011; date of commencement of Sch 2.18, 1.9.2012, Sch 2.18 and 2012 (275) LW 29.6.2012; date of commencement of Sch 2.19 [1], 1.7.2010, Sch 2.19; date of commencement of Sch 2.23, 7.6.2011, Sch 2.23; date of commencement of Sch 2.32 [1], 30.1.2012, Sch 2.32 and 2011 (661) LW 16.12.2011; date of commencement of Sch 2.65, 1.2.2011, Sch 2.65. This Act has been amended as follows:

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

Table of amendments