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Government Gazette of the STATE of NEW SOUTH WALES Number 98 Friday, 5 August 2005 Published Under Authoritynew by Government South Wales Advertising and Information

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Government Gazette of the STATE of NEW SOUTH WALES Number 98 Friday, 5 August 2005 Published Under Authoritynew by Government South Wales Advertising and Information 4063 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 98 Friday, 5 August 2005 Published under authorityNew by Government South Wales Advertising and Information Public AuthoritiesLEGISLATION (Financial Arrangements) Amendment (Joint Venture Exemptions)Regulations Regulation 2005 under the Public Authorities (Financial Arrangements) Act 1987 New South Wales Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Public Authorities (Financial Arrangements) Act Public1987. Authorities (Financial Arrangements) Amendment (Joint Venture Exemptions) Regulation 2005 Treasurer under the Explanatory note PublicThe object Authorities of this Regulation (Financ is to excludeial Arrangements) certain activities involving Act 1987the TAFE Commission and the Department of Education and Training from the provisions relating to joint ventures. Under Part 2D of the Act, the Treasurers’ approval is required for joint ventures entered into, or carried on, by authorities within the meaning of the Act. This Regulation is made under the Public Authorities (Financial Arrangements) Act 1987, Herincluding Excellency section 22K.the Governor, with the advice of the Executive Council, has made the following Regulation under the Public Authorities (Financial Arrangements) Act 1987. ANDREW REFSHAUGE, M.P., Treasurer Explanatory note The object of this Regulation is to exclude certain activities involving the TAFE Commission and the Department of Education and Training from the provisions relating to joint ventures. Under Part 2D of the Act, the Treasurers’ approval is required for joint ventures entered into, or carried on, by authorities within the meaning of the Act. This Regulation is made under the Public Authorities (Financial Arrangements) Act 1987, including section 22K. s05-360-25.p01 Page 1 C:\Docs\ad\s05-360-25\p01\s05-360-25-p01EXN.fm 2/8/05, 10:50 am s05-360-25.p01 Page 1 C:\Docs\ad\s05-360-25\p01\s05-360-25-p01EXN.fm 2/8/05, 10:50 am 4064 LEGISLATION 5 August 2005 Public Authorities (Financial Arrangements) Amendment (Joint Venture Clause 1 Exemptions) Regulation 2005 Public Authorities (Financial Arrangements) Amendment (Joint Venture Exemptions) Regulation 2005 under the Public Authorities (Financial Arrangements) Act 1987 1 Name of Regulation This Regulation is the Public Authorities (Financial Arrangements) Amendment (Joint Venture Exemptions) Regulation 2005. 2 Amendment of Public Authorities (Financial Arrangements) Regulation 2000 The Public Authorities (Financial Arrangements) Regulation 2000 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 C:\Docs\ad\s05-360-25\p01\s05-360-25-p01BOD.fm 2/8/05, 10:50 am 5 August 2005 LEGISLATION 4065 Public Authorities (Financial Arrangements) Amendment (Joint Venture Exemptions) Regulation 2005 Amendment Schedule 1 Schedule 1 Amendment (Clause 2) Clause 57C Insert after clause 57B: 57C Activities excluded from meaning of joint venture (Department of Education and Training and TAFE Commission) (1) For the purposes of section 22K of the Act, the following activities are prescribed as not being within that section: (a) an activity carried on jointly by the Department of Education and Training and an agency of the Commonwealth or of this or any other State, (b) an activity carried on jointly by the TAFE Commission and an agency of the Commonwealth or of this or any other State, (c) an activity carried on jointly by the Department of Education and Training and another person (other than an agency of the Commonwealth or of this or any other State) where the Department of Education and Training contributes less than $1,000,000, (d) an activity carried on jointly by the TAFE Commission and another person (other than an agency of the Commonwealth or of this or any other State) where the TAFE Commission contributes less than $1,000,000, (e) an activity carried on jointly by the TAFE Commission, the Department of Education and Training and another person (other than an agency of the Commonwealth or of this or any other State) where the TAFE Commission and the Department of Education and Training make a combined contribution of less than $1,000,000. (2) For the purpose of subclause (1), contribution includes (but is not limited to) the following: (a) the amount of any financial contribution, (b) the approximate value of any goods or materials (including land or premises) that are supplied or provided, (c) the approximate value of any service that is supplied or provided. (3) This clause is repealed on 1 July 2006. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 C:\Docs\ad\s05-360-25\p01\s05-360-25-p01SCH.fm 2/8/05, 10:50 am 4066 LEGISLATION 5 August 2005 Rules New South Wales Uniform Civil Procedure Rules (Amendment No 1) 2005 under the Civil Procedure Act 2005 The Uniform Rules Committee made the following rules under the Civil Procedure Act 2005 on 1 August 2005. Jennifer Atkinson Secretary of the Rules Committee s05-288-18.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 C:\Docs\ad\s05-288-18\p01\s05-288-18-p01EXN.fm 3/8/05, 10:07 am 5 August 2005 LEGISLATION 4067 Rule 1 Uniform Civil Procedure Rules (Amendment No 1) 2005 Uniform Civil Procedure Rules (Amendment No 1) 2005 under the Civil Procedure Act 2005 1 Name of Rules These Rules are the Uniform Civil Procedure Rules (Amendment No 1) 2005. 2 Commencement These Rules commence on the commencement of section 9 of the Civil Procedure Act 2005. 3 Amendment of Uniform Civil Procedure Rules 2005 The Uniform Civil Procedure Rules 2005 are amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 C:\Docs\ad\s05-288-18\p01\s05-288-18-p01BOD.fm 3/8/05, 10:07 am 4068 LEGISLATION 5 August 2005 Uniform Civil Procedure Rules (Amendment No 1) 2005 Amendments Schedule 1 Schedule 1 Amendments (Rule 3) [1] Rule 4.2 Documents to be filed to contain certain information Omit “a party in” from rule 4.2 (2). Insert instead “a person in relation to”. [2] Rule 4.2 (2) (e) Omit “the party” and “the party’s”. Insert instead “a party” or “a party’s”, respectively. [3] Rule 4.2 (2) (f) Omit rule 4.2 (2) (f). Insert instead: (f) an address to which documents addressed to the person may be sent, being (in the case of a person who is a party to the proceedings) that person’s address for service. [4] Rule 4.2 (3) Omit “the party” and “the party’s” wherever occurring. Insert instead “the person” and “the person’s”, respectively. [5] Rule 4.13 Place for filing Omit rule 4.13 (a). Insert instead: (a) subject to paragraphs (b), (c) and (d), in the registry for the venue specified in the originating process pursuant to rule 4.2 (1) (c), or [6] Rule 5.1 Definitions Insert at the end of the heading to the rule: (cf Federal Court Rules, Order 15A, rule 1) [7] Rule 5.2 Discovery to ascertain prospective defendant’s identity or whereabouts Insert at the end of the heading to the rule: (cf Federal Court Rules, Order 15A, rules 3, 5 and 9) [8] Rule 5.3 Discovery of documents from prospective defendant Insert at the end of the heading to the rule: (cf Federal Court Rules, Order 15A, rules 6, 7 and 9) Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 C:\Docs\ad\s05-288-18\p01\s05-288-18-p01SCH.fm 3/8/05, 10:07 am 5 August 2005 LEGISLATION 4069 Uniform Civil Procedure Rules (Amendment No 1) 2005 Schedule 1 Amendments [9] Rule 5.4 Discovery of documents from other persons Insert at the end of the heading to the rule: (cf Federal Court Rules, Order 15A, rule 8) [10] Rule 5.5 Discovery and inspection generally Insert at the end of the heading to the rule: (cf Federal Court Rules, Order 15A, rule 10) [11] Rule 5.6 Security for costs Insert at the end of the heading to the rule: (cf Federal Court Rules, Order 15A, rule 11) [12] Rule 5.7 Privilege Insert at the end of the heading to the rule: (cf Federal Court Rules, Order 15A, rule 2) [13] Rule 5.8 Costs and other expenses Insert “; Federal Court Rules, Order 15A, rules 4 and 11” after “DCR Part 39A, rule 5” in the heading to the rule. [14] Rule 6.4 Where summons required Omit “rule 2A” from the heading to the rule. Insert instead “rules 2, 2A and 3”. [15] Rule 6.4 (2) Omit “also”. [16] Rule 6.4 (2) Omit “made in relation to”. Insert instead “made in”. [17] Rule 6.4 (2) (c) Omit “, otherwise than in relation to proceedings that have been commenced by or against the person”. Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 C:\Docs\ad\s05-288-18\p01\s05-288-18-p01SCH.fm 3/8/05, 10:07 am 4070 LEGISLATION 5 August 2005 Uniform Civil Procedure Rules (Amendment No 1) 2005 Amendments Schedule 1 [18] Rule 6.4 (4) Insert after rule 6.4 (3): (4) Proceedings: (a) in which the sole or principal question at issue is, or is likely to be, one of: (i) the construction of an Act or a Commonwealth Act, or (ii) the construction of an instrument made under an Act or a Commonwealth Act, or (iii) the construction of a deed, will, contract or other document, or (iv) some other question of law, or (b) in which there is unlikely to be a substantial dispute of fact, are amongst those which are appropriate to be commenced by summons unless the plaintiff considers the proceedings more appropriate to be commenced by statement of claim.
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