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Government Gazette of the STATE of NEW SOUTH WALES Number 32 Friday, 16 February 2007 Published Under Authority by Government Advertising LEGISLATION Proclamations

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Government Gazette of the STATE of NEW SOUTH WALES Number 32 Friday, 16 February 2007 Published Under Authority by Government Advertising LEGISLATION Proclamations 819 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 32 Friday, 16 February 2007 Published under authority by Government Advertising LEGISLATION Proclamations New South Wales Proclamation under the Mount Panorama Motor Racing Amendment Act 2006 No 117 MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Mount Panorama Motor Racing Amendment Act 2006, do, by this my Proclamation, appoint 16 February 2007 as the day on which that Act commences. SignedSigned andand sealedsealed atat Sydney,Sydney, thisthis 14th day of Februaryday of 2007. 2007. By Her Excellency’s Command, SANDRA NORI, M.P., L.S. MinisterMinister for Tourism for Tourism, and Sport Sport and and Recreation Recreation GOD SAVE THE QUEEN! s06-580-25.p02 Page 1 820 LEGISLATION 16 February 2007 New South Wales Proclamation under the National Parks and Wildlife (Adjustment of Areas) Act 2006 No 15 MARIE BASHIR,, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the National Parks and Wildlife (Adjustment of Areas) Act 2006, do, by this my Proclamation, appoint 16 February 2007 as the day on which that Act commences. Signed and sealed at Sydney, thisthis 7th day of Februaryday of 2007. 2007. By Her Excellency’s Command, SANDRA NORI, M.P., L.S. MinisterMinister for Tourism for Tourism, and Sport Sport and and Recreation Recreation GOD SAVE THE QUEEN! s06-603-09.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 16 February 2007 LEGISLATION 821 New South Wales Proclamation under the Victims Support and Rehabilitation Amendment Act 2006 No 127 MARIE BASHIR,, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Victims Support and Rehabilitation Amendment Act 2006, do, by this my Proclamation, appoint 16 February 2007 as the day on which the uncommenced provisions of that Act (except for Schedule 3) commence. SignedSigned andand sealedsealed atat Sydney,Sydney, thisthis 14th day of Februaryday of February 2007. 2007. By Her Excellency’s Command, BOB DEBUS, M.P., L.S. AttorneyAttorney GeneralGeneral GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence the uncommenced provisions of the Victims Support and Rehabilitation Amendment Act 2006 (except for Schedule 3 to that Act which is consequential on uncommenced changes to Part 15A of the Crimes Act 1900). The amendments to be commenced deal with, among other things, statutory compensation for prescribed expenses to a primary victim of an act of violence. s07-015-04.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 822 LEGISLATION 16 February 2007 Regulations New South Wales Electronic Transactions Regulation 2007 under the Electronic Transactions Act 2000 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Electronic Transactions Act 2000. BOB DEBUS, M.P., AttorneyAttorney GeneralGeneral Explanatory note The object of this Regulation is to repeal and remake, without substantial alteration, the Electronic Transactions Regulation 2001, which would otherwise be repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989. This Regulation makes provision for the following: (a) the exclusion of certain laws from the operation of section 7 (1) of the Electronic Transactions Act 2000 (the Act), with the result that section 7 (1) does not allow electronic transactions to be used for the purposes of those laws, (b) the exclusion of certain laws from the operation of Division 2 of Part 2 of the Act, with the result that Division 2 does not authorise: (i) the giving of information in electronic form, or (ii) the use of electronic signatures, or (iii) the production of documents in electronic form, or (iv) the retention of information in electronic form, for the purposes of those laws, (c) to declare the Workers Compensation Commission, and the Registrar of the Workers Compensation Commission, to be courts for the purposes of Part 2A of the Act. This Regulation is made under the Electronic Transactions Act 2000, including sections 7, 12 and 15 (the general regulation-making power) and the definition of court in section 14A (1). s06-548-25.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 16 February 2007 LEGISLATION 823 Electronic Transactions Regulation 2007 Explanatory note This Regulation relates to matters arising under legislation that is substantially uniform or complementary with legislation of the Commonwealth or another State or Territory and matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 824 LEGISLATION 16 February 2007 Electronic Transactions Regulation 2007 Contents Page 1 Name of Regulation 4 2 Commencement 4 3 Definitions 4 4 Certain laws excluded from section 7 (1) of the Act 4 5 Certain requirements excluded from Division 2 of Part 2 of the Act 5 6 Certain permissions excluded from Division 2 of Part 2 of the Act 6 7 Certain laws excluded from Division 2 of Part 2 of the Act 6 8 Definition of “court” for the purposes of Part 2A of the Act 7 9 Repeal 7 Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 16 February 2007 LEGISLATION 825 Clause 1 Electronic Transactions Regulation 2007 Electronic Transactions Regulation 2007 under the Electronic Transactions Act 2000 1 Name of Regulation This Regulation is the Electronic Transactions Regulation 2007. 2 Commencement (1) This Regulation commences on the day it is published in the Gazette, except as provided by subclause (2). (2) Clauses 4 (2) and 7 (2) commence on the later of: (a) the day on which Schedule 15 to the Parliamentary Electorates and Elections Amendment Act 2006 commences, or (b) the day on which this Regulation is published in the Gazette, and are repealed on the day following the day on which those subclauses commence. Note. This Regulation repeals and replaces the Electronic Transactions Regulation 2001 which would otherwise be repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989. 3 Definitions (1) In this Regulation: judicial body means court or tribunal, and includes any other body or person exercising judicial or quasi-judicial functions. the Act means the Electronic Transactions Act 2000. (2) Notes included in this Regulation do not form part of this Regulation. 4 Certain laws excluded from section 7 (1) of the Act (1) Section 7 (1) of the Act does not apply to the following laws of this jurisdiction: Conveyancing Act 1919, section 23C Election Funding Act 1981, and any regulations under that Act Freedom of Information Act 1989, and any regulations under that Act Legal Profession Act 2004, and any regulations under that Act Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 826 LEGISLATION 16 February 2007 Electronic Transactions Regulation 2007 Clause 5 Local Government Act 1993, Chapter 10, and any regulations under that Act with respect to the matters dealt with in that Chapter Parliamentary Electorates and Elections Act 1912, and any regulations under that Act Poisons and Therapeutic Goods Act 1966, and any regulations under that Act Any other Act or regulation that makes provision for the conduct of polls or elections by the Electoral Commissioner, to the extent only to which it makes such provision. (2) Subclause (1) is amended by inserting “or by an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912)” after “Electoral Commissioner”. 5 Certain requirements excluded from Division 2 of Part 2 of the Act Division 2 of Part 2 of the Act does not apply to the following requirements and classes of requirements: (a) any requirement under a law of this jurisdiction for a person to lodge or file a document with a judicial body in connection with legal proceedings, (b) any requirement under a law of this jurisdiction for a person to sign a document to be lodged or filed with a judicial body in connection with legal proceedings, (c) any requirement under a law of this jurisdiction for a person to produce a document: (i) to a judicial body in connection with legal proceedings, or (ii) to a party to legal proceedings in connection with those proceedings, (d) any requirement under a law of this jurisdiction for a person to retain a document: (i) that has been lodged or filed with, or produced to, a judicial body in connection with legal proceedings, or (ii) that has been admitted in evidence in any legal proceedings held before a judicial body, or (iii) that has been issued by a judicial body in connection with any legal proceedings, (e) any requirement under a law of this jurisdiction for a document to be served personally or by post, (f) any requirement under a law of this jurisdiction for a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document. Page 5 NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 16 February 2007 LEGISLATION 827 Clause 6 Electronic Transactions Regulation 2007 6 Certain permissions excluded from Division 2 of Part 2 of the Act Division 2 of Part 2 of the Act does not apply to the following permissions and classes of permissions: (a) any permission under a law of this jurisdiction
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