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2115 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 78 Friday, 4 May 2001 Published under authority by the Government Printing Service LEGISLATION Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Ofce, Sydney, 4 April 2001 IT is hereby notied, for general information, that Her Excellency the Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Act passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No. 2, 2001 – An Act to appropriate additional amounts out of the Consolidated Fund for the years 2000-2001 and 1999-2000 for the purpose of giving effect to certain Budget variations required by the exigencies of Government. [Appropriation (Budget Variations) Act] Act No. 3, 2001 – An Act to repeal the Business Licences Act 1990; to amend other Acts and regulations consequentially; and for other purposes. [Business Licences Repeal and Miscellaneous Amendments Act] Act No. 4, 2001 – An Act to repeal the Cattle Compensation Act 1951 and the Cattle Compensation (Advisory Council) Regulation 1999. [Cattle Compensation Repeal Act] Act No. 5, 2001 – An Act to amend the Trade Measurement Act 1989 to adopt changes to maintain uniform trade measurement legislation agreed between the States and Territories; and for other purposes. [Trade Measurement Amendment Act] Legislative Assembly Ofce, Sydney, 30 April 2001 IT is hereby notied, 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. 14, 2001 – An Act to amend the Agricultural Tenancies Act 1990 with respect to the objects of the Act, the rights and obligations of tenants and owners, compensation, dispute resolution and delegation of functions; and for other purposes. [Agricultural Tenancies Amendment Act] Act No. 15, 2001 – An Act to provide for the registration of chiropractors; to repeal the Chiropractors and Osteopaths Act 1991; and for other purposes. [Chiropractors Act] Act No. 16, 2001 – An Act to provide for the registration of osteopaths; and for other purposes. [Osteopaths Act] Act No. 17, 2001 – An Act to constitute the Parramatta Park Trust and dene its functions; to vest certain lands at Parramatta in the Trust; and for other purposes. [Parramatta Park Trust Act] RUSSELL D. GROVE Clerk of the Legislative Assembly 2116 LEGISLATION 4 May 2001 Regulations Public Sector Management (Goods and Services) Amendment Regulation 2001 under the Public Sector Management Act 1988 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Public Sector Management Act 1988. MORRIS IEMMA, M.P., Minister forfor Public Public Works Works and and Services Services Explanatory note The objects of this Regulation are: (a) to make it clear that the State Contracts Control Board may issue directions under the Public Sector Management (Goods and Services) Regulation 2000 regarding: (i) the threshold amount in respect of which tenders are required for “one- off” contracts, and (ii) the method for obtaining supply of goods and services, or disposing of goods, by contract other than in the circumstances when tenders are required, and (b) to clarify the circumstances under which tenders are required to be invited for contracts arranged by the Board. This Regulation is made under the Public Sector Management Act 1988, including section 102 (the general regulation-making power). r00-345-p01.835 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 78 P:\re\00\r00-345-p01.835 2/5/01, 10:59a 4 May 2001 LEGISLATION 2117 Clause 1 Public Sector Management (Goods and Services) Amendment Regulation 2001 Public Sector Management (Goods and Services) Amendment Regulation 2001 1 Name of Regulation This Regulation is the Public Sector Management (Goods and Services) Amendment Regulation 2001. 2 Amendment of Public Sector Management (Goods and Services) Regulation 2000 The Public Sector Management (Goods and Services) Regulation 2000 is amended as set out in Schedule 1. 3Notes The explanatory note does not form part of this Regulation. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 78 P:\re\00\r00-345-p01.835 2/5/01, 10:59a 2118 LEGISLATION 4 May 2001 Public Sector Management (Goods and Services) Amendment Regulation 2001 Amendments Schedule 1 Schedule 1 Amendments (Clause 2) [1] Clause 19 Board Directions Omit clause 19 (2). Insert instead: (2) Without limiting the generality of subclause (1), the Board may issue directions regarding: (a) any matter relating to tenders under Part 4 (in particular, an amount for the purposes of clause 27 (1) (b)), and (b) the method for obtaining supply of goods or services, or disposing of goods, by contract arranged by the Board where the contract concerned is not a contract to which clause 27 applies. [2] Clause 27 When tenders required Omit clause 27 (1) (b). Insert instead: (b) any contract (other than a period contract) the estimated value of which exceeds such amount as the Board from time to time directs under clause 19 for the purposes of this paragraph. [3] Clause 27 (2) Omit clause 27 (2). [4] Clause 27 Insert at the end of the note to clause 27: In relation to contracts where tenders are not required under this clause, Board directions (if any) made under clause 19 apply. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 78 P:\re\00\r00-345-p01.835 2/5/01, 10:59a 4 May 2001 LEGISLATION 2119 Uncollected Goods Regulation 2001 under the Uncollected Goods Act 1995 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Uncollected Goods Act 1995. BOB DEBUS, M.P., Attorney GeneralGeneral Explanatory note The object of this Regulation is to replace, without substantial amendment, the Uncollected Goods Regulation 1996. That Regulation will be repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989. Section 6 (2) of the Uncollected Goods Act 1995 provides that the Act is available as an alternative to other statutory means of disposal of particular uncollected goods except for the Acts specified in the subsection and any other Act or instrument prescribed by the regulations. Clause 5 of this Regulation prescribes certain Acts for the purposes of that subsection. This Regulation also prescribes the manner in which an application may be made by a bailee to a Local Court for an order authorising the bailee to dispose of uncollected goods (clause 6). Clauses 1–4 of this Regulation contain formal matters. This Regulation is made under the Uncollected Goods Act 1995 and, in particular, under sections 6 (When Act available for disposal of uncollected goods), 8 (Applications to Local Court for orders for disposal of uncollected goods) and 38 (the general regulation-making power). This Regulation comprises or relates to matters of a machinery nature. r01-074-p01.810 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 78 P:\re\01\r01-074-p01.810 2/5/01, 11:08a 2120 LEGISLATION 4 May 2001 Uncollected Goods Regulation 2001 Contents Contents Page 1 Name of Regulation 3 2 Commencement 3 3 Definition 3 4 Notes 3 5 Act not available as an alternative to certain Acts and instruments: section 6 3 6 Applications to Local Court for orders for disposal of uncollected goods: section 8 3 7Saving 4 Schedule 1 Forms 5 Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 78 P:\re\01\r01-074-p01.810 2/5/01, 11:08a 4 May 2001 LEGISLATION 2121 Uncollected Goods Regulation 2001 Clause 1 Uncollected Goods Regulation 2001 1 Name of Regulation This Regulation is the Uncollected Goods Regulation 2001. 2 Commencement This Regulation commences on 1 September 2001. Note. This Regulation replaces the Uncollected Goods Regulation 1996 which is repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989. 3 Definition In this Regulation: the Act means the Uncollected Goods Act 1995. 4Notes The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation. 5 Act not available as an alternative to certain Acts and instruments: section 6 For the purposes of section 6 (2) of the Act, the following Acts are prescribed: Passenger Transport Act 1990 Residential Parks Act 1998 Residential Tenancies Act 1987 Retirement Villages Act 1999 Transport Administration Act 1988 Warehousemen’s Liens Act 1935 6 Applications to Local Court for orders for disposal of uncollected goods: section 8 An application under section 8 (1) of the Act for an order authorising a bailee to dispose of uncollected goods must be made in Form 1 set out in Schedule 1. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 78 P:\re\01\r01-074-p01.810 2/5/01, 11:08a 2122 LEGISLATION 4 May 2001 Clause 7 Uncollected Goods Regulation 2001 7Saving Any act, matter or thing that had effect under the Uncollected Goods Regulation 1996 immediately before the repeal of that Regulation is taken to have effect under this Regulation. Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 78 P:\re\01\r01-074-p01.810 2/5/01, 11:08a 4 May 2001 LEGISLATION 2123 Uncollected Goods Regulation 2001 Forms Schedule 1 Schedule 1 Forms (Clause 6) Form 1 Application to dispose of uncollected goods (Uncollected Goods Act 1995, section 8) Applicant/Bailee Person with custody of the goods Name Address Respondent/Bailor Person entitled to custody of the goods Name Address Respondent/Third Party/Owner of Goods Any other person(s) claiming an interest in the goods Name Address The applicant makes application to the Local Court at for an order to dispose of the following uncollected goods (Describe goods fully): In cases where the goods or part of the goods are a motor vehicle—delete if not applicable: I attach a certificate under section 31 of the Uncollected Goods Act 1995 from the Commissioner of Police that the motor vehicle is not stolen and a certificate under section 8 of the Registration of Interests in Goods Act 1986 in relation to that vehicle.