Government Gazette of the STATE of NEW SOUTH WALES Number 146 Friday, 28 September 2001 Published Under Authority by the Government Printing Service
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8181 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 146 Friday, 28 September 2001 Published under authority by the Government Printing Service LEGISLATION Assents to Acts ACT OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney, 21 September 2001 IT is hereby notifi ed, for general information, that Her Excellency the Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Acts passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No. 62, 2001 - An Act to amend the Crimes Act 1900 and the Crimes (Sentencing Procedure) Act 1999 to increase the maximum penalty for aggravated sexual assault from imprisonment for 20 years to imprisonment for life; and for other purposes. [Crimes Amendment (Aggravated Sexual Assault in Company) Act] Act No. 63, 2001 - An Act to modify the application of the Liquor Act 1982 to enable hotel trading until midnight on the night of the 2001 Rugby League Grand Final. [Liquor (Rugby League Grand Final Special Provisions) Act] 8182 LEGISLATION 28 September 2001 Proclamations Crimes Amendment (Aggravated Sexual Assault in Company) Act 2001—Proclamation JAMES JACOB SPIGELMAN, Lieutenant-Governor By delegation of the , GovernorGovernor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Crimes Amendment (Aggravated Sexual Assault in Company) Act 2001, do, by this my Proclamation, appoint 1 October 2001 as the day on which that Act commences. Signed andand sealedsealed at at Sydney, Sydney, this this 26th day day of of September September 2001. 2001. By Her Excellency’s Command, L.S. BOB DEBUS, M.P., AttorneyAttorney GeneralGeneral GOD SAVE THE QUEEN! p01-206-p01.842 NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 28 September 2001 LEGISLATION 8183 Rural Lands Protection Act 1998 No 143—Proclamation JAMES JACOB SPIGELMAN, Lieutenant-Governor By delegation of the , GovernorGovernor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Rural Lands Protection Act 1998, do, by this my Proclamation, appoint 28 September 2001 as the day on which the uncommenced provisions (other than clause 11 of Schedule 7) of that Act commence. Signed andand sealed sealed at at Sydney, Sydney, this this 26th day day of of September 2001. 2001. By Her Excellency’s Command, L.S. RICHARD AMERY, M.P., MinisterMinister for for Agriculture Agriculture GOD SAVE THE QUEEN! Explanatory note The object of this proclamation is to commence the uncommenced provisions (other than clause 11 (Annual reports) of Schedule 7) of the Rural Lands Protection Act 1998, including section 245 which repeals the Rural Lands Protection Act 1989. The Rural Lands Protection (Savings and Transitional) Amendment Regulation 2001 amends the Rural Lands Protection (Savings and Transitional) Regulation 2001 to insert some associated provisions. This proclamation is made under section 2 of the Act. p01-169-p01.819 NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 8184 LEGISLATION 28 September 2001 Regulations Firearms (General) Amendment (Trafficking) Regulation 2001 under the Firearms Act 1996 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Firearms Act 1996. PAUL WHELAN, M.P., Minister forfor Police Police Explanatory note The objects of this Regulation are to amend the Firearms (General) Regulation 1997 (the Principal Regulation): (a) to provide that, subject to certain conditions, the provisions of Part 11 (Registration of firearms) of the Principal Regulation apply to the registration of firearm frames and firearm receivers in the same way as they apply to the registration of firearms, and (b) to set out the following matters to enable sales of unregistered firearm frames and firearm receivers in accordance with the six-month amnesty established by clause 16 of Schedule 3 to the Firearms Act 1996: (i) the manner in which a sale of a firearm frame or firearm receiver must be made through a licensed firearms dealer, and (ii) the location where a firearms dealer is taken to be not reasonably available, and (c) to update certain references in clause 99 of the Principal Regulation to provisions of the Firearms Act 1996 that have been amended by the Firearms Amendment (Trafficking) Act 2001. r01-244-p01.842 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 28 September 2001 LEGISLATION 8185 Firearms (General) Amendment (Trafficking) Regulation 2001 Explanatory note This Regulation is made under the Firearms Act 1996, including section 88 (the general regulation-making power) and clauses 1 (1) and 16 (2) of Schedule 3 (Savings and transitional provisions) to that Act. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 8186 LEGISLATION 28 September 2001 Firearms (General) Amendment (Trafficking) Regulation 2001 Clause 1 Firearms (General) Amendment (Trafficking) Regulation 2001 1 Name of Regulation This Regulation is the Firearms (General) Amendment (Trafficking) Regulation 2001. 2 Amendment of Firearms (General) Regulation 1997 The Firearms (General) Regulation 1997 is amended as set out in Schedule 1. 3 Notes The explanatory note does not form part of this Regulation. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 28 September 2001 LEGISLATION 8187 Firearms (General) Amendment (Trafficking) Regulation 2001 Schedule 1 Amendments Schedule 1 Amendments (Clause 2) [1] Part 11A Insert after Part 11: Part 11A Registration of firearm frames and firearm receivers 93B Registration of firearms provisions apply (1) Subject to subclauses (2) and (3), Part 11 (Registration of firearms) of this Regulation applies with necessary modifications to every firearm frame and firearm receiver in the same way as it applies to a firearm. (2) The following provisions do not apply in relation to firearm frames and firearm receivers: (a) clause 87 (c), (b) clause 89 (1) (d) and (f), (c) clause 91 (d) and (f), (d) clauses 93 and 93A. (3) Clause 87 (d) applies to firearm frames and firearm receivers as if the date “1 July 1997” were “1 July 2001”. 93C Amnesty concerning registration of firearms frames and receivers: clause 16 of Schedule 3 to the Act (1) The arrangements referred to in clause 16 (2) (b) of Schedule 3 to the Act for the sale or purchase of an unregistered firearm frame or firearm receiver through a licensed firearms dealer are as follows: (a) the sale must be conducted at the licensed firearms dealer’s place of business or at such other place as may be approved, Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 8188 LEGISLATION 28 September 2001 Firearms (General) Amendment (Trafficking) Regulation 2001 Amendments Schedule 1 (b) the firearms dealer must make the same records in respect of the sale as the dealer would otherwise be required to make under section 45 of the Act. (2) For the purposes of clause 16 (2) (c) of Schedule 3 to the Act, a licensed firearms dealer is not reasonably available for the purposes of the sale or purchase of an unregistered firearm frame or firearm receiver if the nearest location of a firearm’s dealer’s place of business is more than 100 kilometres from the ordinary place of residence of both the purchaser and the seller. [2] Clause 99 Restrictions on sale and purchase of firearms Omit “section 51 (1) (b)” from clause 99 (1). Insert instead “sections 51 (2) (a) and 51A (2) (a)”. [3] Clause 99 (2) Omit “section 51 (1) (c) and (2) (c)”. Insert instead “sections 51 (2) (b) and 51A (2) (b). Page 5 NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 28 September 2001 LEGISLATION 8189 Fisheries Management (Aquaculture) Amendment (Diseased Fish) Regulation 2001 under the Fisheries Management Act 1994 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fisheries Management 1994. The Hon EDWARD OBEID, M.L.C., MinisterMinister forfor FisheriesFisheries Explanatory note The objects of this Regulation are as follows: (a) to declare white spot syndrome virus (a virus that infects crustaceans) to be a disease for the purposes of Division 4 of Part 6 of the Fisheries Management Act 1994 (so that it will be an offence to sell any fish known or suspected to be infected with the virus), and (b) to make further provision in respect of quarantine areas under the Act, including by allowing the Minister to require fish or marine vegetation that are taken in or from a quarantine area to be landed at specified locations or to be inspected, tested or cooked, or otherwise treated or handled in a specified manner. This Regulation is made under the Fisheries Management Act 1994, including sections 182, 183, 187 and 289 (the general regulation-making power). r01-123-p01.840 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 8190 LEGISLATION 28 September 2001 Clause 1 Fisheries Management (Aquaculture) Amendment (Diseased Fish) Regulation 2001 Fisheries Management (Aquaculture) Amendment (Diseased Fish) Regulation 2001 1 Name of Regulation This Regulation is the Fisheries Management (Aquaculture) Amendment (Diseased Fish) Regulation 2001. 2 Amendment of Fisheries Management (Aquaculture) Regulation 1995 The Fisheries Management (Aquaculture) Regulation 1995 is amended as set out in Schedule 1. 3 Notes The explanatory note does not form part of this Regulation. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 28 September 2001 LEGISLATION 8191 Fisheries