Gazette No 198 of 10 December 2004
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8963 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 198 Friday, 10 December 2004 Published under authority by Government Advertising and Information LEGISLATION Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney 24 November 2004 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. 85 2004 – An Act to amend the Child Protection (Offenders Registration) Act 2000, in connection with a national reporting scheme, with respect to reporting obligations and other requirements for offenders who commit certain child-related offences; and for other purposes. [Child Protection (Offenders Registration) Amendment Bill] Act No. 86 2004 – An Act to amend the Protected Estates Act 1983 to provide for the management of the estates of missing persons; and related matters. [Protected Estates Amendment (Missing Persons) Bill] RUSSELL D. GROVE, PSM Clerk of the Legislative Assembly 8964 LEGISLATION 10 December 2004 Proclamations New South Wales Proclamation under the Pawnbrokers and Second-hand Dealers Amendment Act 2002 No 104 MARIE BASHIR,, 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 Pawnbrokers and Second-hand Dealers Amendment Act 2002, do, by this my Proclamation, appoint 31 March 2005 as the day on which the following provisions of that Act commence: (a) Schedule 1 [15], [18], [22] and [26], (b) Schedule 1 [27] to the extent that it omits section 30 of the Pawnbrokers and Second-hand Dealers Act 1996 and inserts a new section 30, (c) Schedule 1 [28] to the extent that it inserts section 31A into the Pawnbrokers and Second-hand Dealers Act 1996, (d) Schedule 1 [29] to the extent that it inserts section 32A (1), (3) and (5) into the Pawnbrokers and Second-hand Dealers Act 1996, (e) Schedule 1 [30]. Signed and sealed at Sydney, this 8th day of December 2004. By Her Excellency’s Command, REBA PAIGE MEAGHER, M.P., Minister for Fair Trading L.S. Minister for Fair Trading GOD SAVE THE QUEEN! s04-572-16.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 198 10 December 2004 LEGISLATION 8965 Proclamation Explanatory note Explanatory note The object of this Proclamation is to commence the remaining amendments to the Pawnbrokers and Second-hand Dealers Act 1996 made by the Pawnbrokers and Second-hand Dealers Amendment Act 2002. The amendments that are being commenced concern the retention of goods, pawnbrokers’ records of pledges, agreements to extend redemption periods, variation of pawn agreements, the simultaneous discharge of pawn agreements and re-pawning of goods, the sale of unredeemed goods, notices as to proceeds of sale, interest charges able to be debited under a pawn agreement and the implications of the sale or transfer of a business. The amendments to the Pawnbrokers and Second-hand Dealers Regulation 1997 are not being commenced as that Regulation has been repealed. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 198 8966 LEGISLATION 10 December 2004 Regulations New South Wales Agricultural Industry Services (Interstate Arrangements) Amendment (Murray Valley Wine Grape Industry Development) Regulation 2004 under the Agricultural Industry Services Act 1998 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Agricultural Industry Services Act 1998. IAN MICHAEL MACDONALD, M.L.C., Minister for Primary Industries Minister for Primary Industries Explanatory note Part 3A of the Agricultural Industry Services Act 1998 (the Principal Act) enables the regulations under that Act to declare an instrument under an Act of another jurisdiction to be a recognised foundation instrument for the purposes of the Principal Act. The effect of such a declaration is to apply the agricultural industry services legislation of that jurisdiction to the area, the commodity and the primary producers of that commodity, described in the regulation by which the declaration is made, and to disapply the corresponding New South Wales legislation. The object of this Regulation is declare the Murray Valley Wine Grape Industry Development (Extra-territorial) Order 2004 made under section 8 of the Agricultural Industry Development Act 1990 of Victoria to be such a recognised foundation instrument. One of the effects of this extra-territorial application is that instead of there being committees in both New South Wales and Victoria to deal with wine grapes, there will in future be a single committee (the Murray Valley Wine Grape Industry Development Committee referred to in the Victorian Order) which will represent the interests of producers of wine grapes grown or produced in the respective areas of both States. This Regulation is made under the Agricultural Industry Services Act 1998, including sections 32D and 51 (the general regulation-making power). s04-539-09.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 198 10 December 2004 LEGISLATION 8967 Agricultural Industry Services (Interstate Arrangements) Amendment Clause 1 (Murray Valley Wine Grape Industry Development) Regulation 2004 Agricultural Industry Services (Interstate Arrangements) Amendment (Murray Valley Wine Grape Industry Development) Regulation 2004 under the Agricultural Industry Services Act 1998 1 Name of Regulation This Regulation is the Agricultural Industry Services (Interstate Arrangements) Amendment (Murray Valley Wine Grape Industry Development) Regulation 2004. 2 Amendment of Agricultural Industry Services (Interstate Arrangements) Regulation 2004 The Agricultural Industry Services (Interstate Arrangements) Regulation 2004 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 198 8968 LEGISLATION 10 December 2004 Agricultural Industry Services (Interstate Arrangements) Amendment (Murray Valley Wine Grape Industry Development) Regulation 2004 Amendment Schedule 1 Schedule 1 Amendment (Clause 2) Clause 5 Insert after clause 4: 5 Declaration of Murray Valley Wine Grape Industry Development (Extra-territorial) Order 2004 (Vic) as recognised foundation instrument (1) For the purposes of section 32D (1) of the Act, the Murray Valley Wine Grape Industry Development (Extra-territorial) Order 2004 made under section 8 of the Agricultural Industry Development Act 1990 of Victoria is declared to be a recognised foundation instrument for the purposes of the Act. (2) For the purposes of section 32D (3) of the Act, the instrument referred to in subclause (1) is declared: (a) to apply in the area of New South Wales comprising the local government areas of Balranald, Wakool and Wentworth, and (b) to apply to and in relation to the commodity wine grapes, being any variety of grapes grown in those areas and used or intended to be used for processing into wine, must, juice or wine spirit, and (c) to apply to and in relation to primary producers of that commodity. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 198 10 December 2004 LEGISLATION 8969 New South Wales Conveyancing (General) Amendment (Prescribed Authorities) Regulation 2004 under the Conveyancing Act 1919 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Conveyancing Act 1919. ANTHONY BERNARD KELLY, M.L.C., MinisterMinister forfor LandsLands Explanatory note The object of this Regulation is to prescribe Greening Australia ACT & South East NSW Limited as a prescribed authority for the purposes of section 88E of the Conveyancing Act 1919. This section allows a prescribed authority to impose restrictions on the use of, or public positive covenants on, any land not vested in the authority, but only where the registered proprietor and other persons with an interest in the land have given their consent. This Regulation is made under the Conveyancing Act 1919, including sections 88E and 202 (the general regulation-making power). s04-521-16.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 198 8970 LEGISLATION 10 December 2004 Conveyancing (General) Amendment (Prescribed Authorities) Regulation Clause 1 2004 Conveyancing (General) Amendment (Prescribed Authorities) Regulation 2004 under the Conveyancing Act 1919 1 Name of Regulation This Regulation is the Conveyancing (General) Amendment (Prescribed Authorities) Regulation 2004. 2 Amendment of Conveyancing (General) Regulation 2003 The Conveyancing (General) Regulation 2003 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 198 10 December 2004 LEGISLATION 8971 Conveyancing (General) Amendment (Prescribed Authorities) Regulation 2004 Amendment Schedule 1 Schedule 1 Amendment (Clause 2) Clause 53 Regulation of use of land not held by a prescribed authority Insert after clause 53 (i): (j) Greening Australia ACT & South East NSW Limited (ACN 110 484 181). Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 198 8972 LEGISLATION 10 December 2004 New South Wales Fair Trading (General) Amendment (Direct Commerce Exemptions) Regulation 2004 under the Fair Trading Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fair Trading Act 1987. REBA PAIGE MEAGHER, M.P., Minister for Fair Trading Minister for Fair Trading Explanatory note The objects of this Regulation are as follows: