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) 2007.

2   Commencement

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

(2)  The amendments made by Schedules 1–3 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3, 4   (Repealed)

5   General savings, transitional and other provisions

Schedule 6 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.

7   Repeal of provisions of Act

(1)  Sections 3 and 4 and Schedules 1–5 are repealed on the day following the day on which all of the provisions of this Act have commenced.

(2)  The repeal of Schedules 1–5 does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by those Schedules.

Schedules 1–5 (Repealed)

Schedule 6 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taken to have effect as from the commencement of the amending provision (whether or not the amending provision has been repealed).

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(a)  the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter, or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

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 instruments

(1)  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.

(2)  The amendment of an instrument by this Act does not prevent its later amendment or repeal by another instrument.

Explanatory note

Subclause (1) 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.

Subclause (2) ensures that the amendment of an instrument by the proposed Act does not prevent its later amendment or repeal by another instrument.

5   Revocation of repeal

(1)  The Governor may by proclamation published in the Gazette revoke the repeal of any Act or instrument effected by this Act.

(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 this Act.

(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 in the Gazette 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. 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.

6   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 proposed Act.

Notes

Index of Acts and instruments amended by Schedules 1–4

Bellingen Local Environmental Plan 2003—Schedule 3

Blue Mountains Local Environmental Plan 2005—Schedule 3

Border Railways Act 1922 No 16—Schedule 4

Camden Local Environmental Plan No 74—Harrington Park—Schedule 3

Camden Local Environmental Plan No 121—Spring Farm—Schedule 3

Campbelltown (Urban Area) Local Environmental Plan 2002—Schedule 3

Central Darling Local Environmental Plan 2004—Schedule 3

Contaminated Land Management Act 1997 No 140—Schedule 1

Conveyancing Act 1919 No 6—Schedule 1

Cooma-Monaro Local Environmental Plan 1999—(Rural)—Schedule 3

Crimes Act 1900 No 40—Schedule 2

Criminal Assets Recovery Act 1990 No 23—Schedule 1

Criminal Procedure Regulation 2005—Schedule 2

Crown Lands Act 1989 No 6—Schedule 1

Crown Lands (Continued Tenures) Act 1989 No 7—Schedule 1

Crown Lands (Continued Tenures) Regulation 2006—Schedule 1

Drug and Alcohol Treatment Act 2007 No 7—Schedule 2

Dungog Local Environmental Plan 2006—Schedule 3

Duties Act 1997 No 123—Schedule 2

Environmental Planning and Assessment Act 1979 No 203—Schedule 4

Fair Trading Act 1987 No 68—Schedule 1

Fair Trading Regulation 2007—Schedule 2

Farm Water Supplies Act 1946 No 22—Schedule 4

Fines Act 1996 No 99—Schedule 1

Firearms Act 1996 No 46—Schedule 1

Fisheries Management (General) Regulation 2002—Schedule 2

Freedom of Information Regulation 2005—Schedule 1

General Post Office (Approaches Improvement) Act 1889 53 Vic No 13—Schedule 4

Gilgandra Local Environmental Plan 2004—Schedule 3

Government and Related Employees Appeal Tribunal Act 1980 No 39—Schedule 1

Great Lakes Local Environmental Plan 1996—Schedule 3

Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment—Schedule 3

Growth Centres (Development Corporations) Act 1974 No 49—Schedule 1

Gunnedah Local Environmental Plan 1998—Schedule 3

Harness Racing Act 2002 No 39—Schedule 4

Heritage Act 1977 No 136—Schedule 4

Home Building Act 1989 No 147—Schedule 1

Hunter Water Act 1991 No 53—Schedule 1

Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula—Schedule 3

Lake Macquarie Local Environmental Plan 2004—Schedule 3

Law Reform (Miscellaneous Provisions) Act 1944 No 28—Schedule 4

Liverpool Local Environmental Plan 1997—Schedule 3

Local Government Act 1993 No 30—Schedules 1 and 4

Local Government and Other Authorities (Superannuation) Act 1927 No 35—Schedule 4

Maitland Local Environmental Plan 1993—Schedule 2

Marine Parks Regulation 1999—Schedule 2

Mental Health Act 2007 No 8—Schedule 2

Mental Health (Criminal Procedure) Act 1990 No 10—Schedule 2

Moore-street Improvement Act of 1890 54 Vic No 30—Schedule 4

Nambucca Local Environmental Plan 1995—Schedule 3

National Parks and Wildlife Act 1974 No 80—Schedule 2

Native Vegetation Regulation 2005—Schedule 2

New South Wales Retirement Benefits Act 1972 No 70—Schedule 4

Newcastle Agricultural, Horticultural, and Industrial Association Act of 1905—Schedule 4

Parliamentary Contributory Superannuation Act 1971 No 53—Schedule 4

Parliamentary Electorates and Elections Amendment Act 2006 No 68—Schedule 1

Penrith Local Environmental Plan 2002 (Villages of Mulgoa and Wallacia)—Schedule 3

Pipelines Act 1967 No 90—Schedule 4

Police Integrity Commission Act 1996 No 28—Schedule 1

Police Regulation (Superannuation) Act 1906 No 28—Schedule 4

Port Stephens Local Environmental Plan 2000—Schedule 3

Public Sector Employment and Management (General) Regulation 1996—Schedule 2

Public Works Act 1912 No 45—Schedule 4

Queanbeyan Local Environmental Plan 1998—Schedule 2

Real Property Act 1900 No 25—Schedule 1

Residential Parks Act 1998 No 142—Schedule 1

Road Transport (General) Act 2005 No 11—Schedule 2

Rural Fires Act 1997 No 65—Schedule 2

Seat of Government Surrender Act 1909 No 14—Schedule 4

Security Industry Act 1997 No 157—Schedule 1

Severn Local Environmental Plan 2002—Schedule 3

Shellharbour Rural Local Environmental Plan 2004—Schedule 3

Shoalhaven Local Environmental Plan 1985—Schedule 3

Snowy River Local Environmental Plan 1997—Schedule 3

Stamp Duties Act 1920 No 47—Schedule 4

Stanford Coal-mine Railway Act of 1900—Schedule 4

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004—Schedule 2

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

State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007—Schedule 2

Stock Diseases Act 1923 No 34—Schedule 1

Stock Diseases Regulation 2004—Schedule 1

Subordinate Legislation Act 1989 No 146—Schedule 2

Succession Act 2006 No 80—Schedule 1

Superannuation Act 1916 No 28—Schedule 4

Sydney Grammar School Act 1854—Schedule 4

Sydney Harbour Foreshore Authority Act 1998 No 170—Schedule 4

Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989)—Schedule 3

Sydney Regional Environmental Plan No 25—Orchard Hills—Schedule 3

Tallaganda Local Environmental Plan 1991—Schedule 2

Tamworth Local Environmental Plan 1996—Schedule 3

Teaching Service Act 1980 No 23—Schedule 4

Trustee Companies Act 1964 No 6—Schedules 2 and 4

Trustee Companies Regulation 2005—Schedule 2

Tweed Local Environmental Plan 2000—Schedule 3

University of Sydney Act 1989 No 124—Schedule 4

Voluntary Workers (Soldiers’ Holdings) Act 1917 No 25—Schedule 4

Water Industry Competition Act 2006 No 104—Schedule 2

Water Sharing Plan for the Paterson Regulated River Water Source 2007—Schedule 2

Wentworth Irrigation Act 1890 54 Vic No 7—Schedule 4

Western Lands Act 1901 No 70—Schedules 1 and 4

Western Sydney Parklands Act 2006 No 92—Schedule 2

Willoughby Local Environmental Plan 1995—Schedules 2 and 3

Workers Compensation Act 1987 No 70—Schedule 4

Young Men’s Christian Association of Sydney Incorporation Act 1906—Schedule 4

Index of Acts repealed by Schedule 5

Appropriation Act 2006 No 46

Appropriation (Budget Variations) Act 2006 No 22

Appropriation (Parliament) Act 2006 No 47

Appropriation (Special Offices) Act 2006 No 48

Architects (Amendment) Act 1983 No 25

Australian Oil Refining Pty. Limited Agreement Ratification (Amendment) Act 1961 No 35

Baptist Union Incorporation (Amendment) Act 1984 No 5

Bishop Tyrrell Trust (Amendment) Act 1939 No 27

Border Railways (Amendment) Act 1941 No 13

Border Railways (Grain Elevators) Amendment Act 1957 No 9

Broken Hill Water and Sewerage (Radium Hill) Amendment Act 1954 No 12

Camperdown Cemetery (Amendment) Act 1950 No 15

Camperdown Cemetery (Amendment) Act 1977 No 22

Centenary Celebration (Amendment) Act 1934 No 26

Centenary Celebration (Amendment) Act 1959 No 18

Centenary Celebration (Amendment) Act 1980 No 154

Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1978 No 28

Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1979 No 10

Coal Mining (Amendment) Act 1981 No 110

Companies (Amendment) Act 1971 No 61

Constitution (Amendment) Act 1992 No 106

Constitution Amendment Act 2000 No 30

Constitution Amendment (Legislative Council) Act 1932 (1933 No 2)

Constitution and Parliamentary Electorates and Elections (Amendment) Act 1978 No 75

Constitution (Consolidated Fund) Amendment Act 1982 No 95

Constitution (Legislative Council Compensation) Act 1979 No 11

Constitution (Legislative Council) Further Amendment Act 1991 No 61

Conveyancing (Amendment) Act 1976 No 84

Conveyancing (Amendment) Act 1984 No 20

Conveyancing (Amendment) Act 1985 No 142

Conveyancing and Law of Property (Supplemental) Act 1901 No 37

Conveyancing (Passing of Risk) Amendment Act 1986 No 6

Conveyancing (Plan Registration) Amendment Act 1986 No 150

Conveyancing (Real Property Computer Register) Amendment Act 1979 No 171

Courts Legislation (Crown Appeals) Amendment Act 1994 No 56

Crimes (Amendment) Act 1988 No 81

Crimes and Other Acts (Amendment) Act 1974 No 50

Crimes (Bail) Amendment Act 1978 No 166

Crimes (Compensation) Amendment Act 1984 No 70

Crimes (Criminal Destruction and Damage) Amendment Act 1987 No 287

Crimes (Domestic Violence) Amendment Act 1993 No 101

Crimes (Identity of Offenders) Amendment Act 1992 No 19

Crimes Legislation (Dangerous Articles) Amendment Act 1994 No 17

Crimes (Mental Disorder) Amendment Act 1989 No 100

Crimes (Procedure) Amendment Act 1983 No 170

Crimes (Procedure) Amendment Act 1987 No 289

Crown Lands (Validation of Revocations) Act 1983 No 55

District Court (Amendment) Act 1987 No 164

District Court (Garnishee Proceedings) Amendment Act 1987 No 20

District Court (Procedure) Amendment Act 1984 No 170

Environmental Planning and Assessment (Amendment) Act 1985 No 228

Environmental Planning and Assessment Amendment (Affordable Housing) Act 2000 No 29

Environmental Planning Legislation Amendment Act 1995 No 90

Farm Water Supplies (Transfer of Functions) Amendment Act 1986 No 104

Financial Institutions (New South Wales) Amendment Act 1996 No 32

General Post Office (Approaches Improvement) Act Amendment Act 1892 55 Vic No 11

General Post Office (Approaches Improvement) Act Further Amendment Act 1901 No 39

Governor-General’s Establishment Contribution Act 1900 No 78

Greater Newcastle (Amendment) Act 1940 No 28

Heritage (Elizabeth Farm) Amendment Act 1985 No 144

King George V and King George VI Memorial Act 1953 No 26

Law Reform (Miscellaneous Provisions) (De Facto Relationships) Amendment Act 1984 No 150

Local Government (Amendment) Act 1951 No 18

Local Government and Other Authorities (Superannuation) Amendment Act 1979 No 7

Local Government and Other Authorities (Superannuation) Amendment Act 1980 No 191

Local Government and Other Authorities (Superannuation) Amendment Act 1983 No 22

Local Government and Other Authorities (Superannuation) Amendment Act 1985 No 179

Local Government (Consequential Provisions) Act 1993 No 32

Local Government (Further Amendment) Act 1948 No 44

Local Government (Further Amendment) Act 1972 No 64

Local Government (Superannuation) Amendment Act 1948 No 33

Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987 No 58

Miscellaneous Acts (Education Commission) Repeal and Amendment Act 1980 No 24

Miscellaneous Acts (Financial Accommodation) Amendment Act 1981 No 83

Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983 No 153

Miscellaneous Acts (Workers’ Compensation) Amendment Act 1984 No 93

Moore-street Improvement Act Amendment Act of 1892 55 Vic No 13

Motor Vehicles (Third Party Insurance) Amendment Act 1984 No 86

National Oil Proprietary Limited Agreement Ratification Act 1937 No 2

Necropolis (Amendment) Act 1973 No 4

New South Wales Retirement Benefits (Amendment) Act 1973 No 43

New South Wales Retirement Benefits (Amendment) Act 1976 No 28

New South Wales Retirement Benefits (Amendment) Act 1979 No 124

New South Wales Retirement Benefits (Amendment) Act 1982 No 26

New South Wales Retirement Benefits (Fund Closure) Amendment Act 1985 No 43

New South Wales Retirement Benefits (Further Amendment) Act 1983 No 63

Newcastle Agricultural, Horticultural, and Industrial Association (Extension) Act 1925 No 20

Newcastle Tattersall’s Club Act of 1945

Optical Dispensers (Amendment) Act 1987 No 276

Parliamentary Contributory Superannuation (Amendment) Act 1979 No 132

Parliamentary Contributory Superannuation (Amendment) Act 1981 No 86

Parliamentary Contributory Superannuation (Constitution) Amendment Act 1979 No 6

Parliamentary Electorates and Elections (Amendment) Act 1926 No 12

Parliamentary Electorates and Elections (Amendment) Act 1928 No 55

Parliamentary Electorates and Elections (Amendment) Act 1987 No 132

Parliamentary Remuneration Further Amendment Act 1998 No 119

Pipelines (Amendment) Act 1974 No 2

Police Regulation (Superannuation) Amendment Act 1974 No 46

Police Regulation (Superannuation) Amendment Act 1981 No 24

Police Regulation (Superannuation) Amendment Act 1984 No 73

Police Regulation (Superannuation) Amendment Act 1987 No 220

Police Regulation (Superannuation and Appeals) Amendment Act 1979 No 133

Police Regulation (Superannuation) (Workers Compensation) Amendment Act 1987 No 81

Real Property (Amendment) Act 1970 No 23

Real Property (Amendment) Act 1989 No 15

Real Property (Caveats) Amendment Act 1986 No 167

Real Property (Computer Register) Amendment Act 1979 No 164

Real Property (Crown Land Titles) Amendment Act 1980 No 193

Real Property (Further Amendment) Act 1987 No 280

Registration of Births, Deaths and Marriages (Amendment) Act 1975 No 57

Residential Tenancies Amendment (Public Housing) Act 2004 No 66

Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20

Seat of Government Surrender (Amendment) Act 1923 No 31

Simon University College (Amendment) Act 1989 No 88

Smoke-free Environment Amendment Act 2004 No 110

Stamp Duties (Administration) Amendment Act 1983 No 13

Stamp Duties (Churches) Amendment Act 1977 No 92

Stamp Duties (Further Amendment) Act 1987 No 227

Stanford Coal-mine Railway (Amendment) Act 1943 No 35

State Development and Country Industries Assistance (Amendment) Act 1985 No 187

Statute Law (Miscellaneous Provisions) Act (No 2) 2004 No 91

Statute Law (Miscellaneous Provisions) Act 2005 No 64

Statute Law (Miscellaneous Provisions) Act (No 2) 2005 No 98

Statute Law Revision Act 1937 No 35

Strata Titles (Amendment) Act 1987 No 147

Strata Titles (Leasehold) Amendment Act 1987 No 148

Strata Titles (Real Property Computer Register) Amendment Act 1979 No 174

Superannuation (Amendment) Act 1935 No 26

Superannuation (Amendment) Act 1948 No 9

Superannuation (Amendment) Act 1972 No 66

Superannuation (Amendment) Act 1975 No 98

Superannuation (Decimal Currency) Amendment Act 1965 No 37

Superannuation Legislation (Amendment) Act 1991 No 95

Superannuation (Retrenchment) Amendment Act 1987 No 40

Superannuation (Solicitor General) Amendment Act 1979 No 58

Supreme Court (Amendment) Act 1987 No 163

Supreme Court (Commercial Division) Amendment Act 1985 No 28

Sydney Cove Redevelopment Authority (Amendment and Validation) Act 1985 No 194

Sydney Grammar School (Amendment) Act 1972 No 42

Sydney Turf Club (Amendment) Act 1974 No 26

Transferred Officers Extended Leave (Amendment) Act 1963 No 52

Transferred Officers Extended Leave (Amendment) Act 1973 No 33

Trotting Authority (Amendment) Act 1981 No 3

Trustee Companies (Amendment) Act 1983 No 82

Trustee Companies (Amendment) Act 1989 No 42

Trustee Companies (Further Amendment) Act 1982 No 173

University Amendment (Exhibitioners’ Fees) Act 1918 No 43

University and College Lands and Victoria Park (Amendment) Act 1937 No 36

University of Sydney (Certain Employees) Superannuation Act 1979 No 190

University Prizes and Medals Alteration Act 1917 No 19

Valuation of Land (Amendment) Act 1984 No 120

Voluntary Workers (Soldiers’ Holdings) Amendment Act 1974 No 27

Warwick Farm Railway (Amendment) Act 1924 No 17

Wentworth Irrigation (Amendment) Act 1979 No 161

Western Lands (Amendment) Act of 1905 No 38

Workers Compensation Amendment (Insurance Reform) Act 2003 No 81

Young Men’s Christian Association of Sydney Incorporation (Amendment) Act 1976 No 60

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Statute Law (Miscellaneous Provisions) Act (No 2) 2007 No 82. Assented to 7.12.2007. Date of commencement, Schs 1–3 excepted, assent, sec 2 (1), date of commencement of Schs 1–3, Sch 2.10 [1] and [2] excepted, assent, sec 2 (2), date of commencement of Sch 2.10 [1] and [2], 16.11.2007, Sch 2.10 and GG No 169 of 16.11.2007, p 8465. This Act has been amended by sec 7 (1) of this Act.

Table of amendments