LEGISLATION Government Gazette
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5087 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 111 Friday, 5 July 2002 Published under authority by the Government Printing Service LEGISLATION Assents to Acts ACT OF PARLIAMENT ASSENTED TO Legislative Assembly Office, Sydney, 24 June 2002 IT is hereby notified, 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. 34, 2002 - An Act to amend the Bail Act 1978 with respect to the granting of bail to repeat offenders and other offenders; and for other purposes. [Bail Amendment (Repeat Offenders) Bill] Russell D. Grove PSM Clerk of the Legislative Assembly 5088 LEGISLATION 5 July 2002 ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Office, Sydney, 25 June 2002 IT is hereby notified, 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. 35, 2002 - An Act to amend the Crimes (Forensic Procedures) Act 2000 in relation to the making of orders for forensic procedures, the carrying out of forensic procedures and the recording of information; to amend the Police Service Act 1990 in relation to the finger printing and hand printing of applicants for appointment as a police officer; and for other purposes. [Crimes (Forensic Procedures) Bill] Act No. 36, 2002 - An Act to amend the Crimes (Administration of Sentences) Act 1999 with respect to escaped inmates, the seizure of property brought unlawfully into correctional centres and the making of oral submissions to the Parole Board by victims of serious offences; and for other purposes. [Crimes (Administration of Sentences) Amendment Bill] Act No. 37, 2002 - An Act to amend the Summary Offences Act 1988 with respect to powers of correctional officers to stop, detain and search persons or vehicles at places of detention; and for other purposes. [Summary Offences Amendment (Places of Detention) Bill] Act No. 38, 2002 - An Act to repeal the Greyhound Racing Authority Act 1985; to constitute Greyhound Racing New South Wales and the Greyhound Racing Authority; to make provision with respect to the control and regulation of greyhound racing; to amend various Acts consequentially; and for other purposes. [Greyhound Racing Bill] Act No. 39, 2002 - An Act to repeal the Harness Racing New South Wales Act 1977; to constitute Harness Racing New South Wales and the Harness Racing Authority; to make provision with respect to the control and regulation of harness racing; to amend various Acts consequentially; and for other purposes. [Harness Racing Bill] Act No. 40, 2002 - An Act to amend the Local Government Act 1993 in relation to council meetings, plans of management for community land, sewerage system approvals, alterations to council ward boundaries, fees for councillors, and water supply, sewerage and stormwater drainage works by councils; to make a consequential amendment to the Freedom of Information Act 1989; and for other purposes. [Local Government Amendment (Miscellaneous) Bill] Russell D. Grove PSM Clerk of the Legislative Assembly NEW SOUTH WALES GOVERNMENT GAZETTE No. 111 5 July 2002 LEGISLATION 5089 Proclamations New South Wales Proclamation under the Environmental Planning and Assessment Amendment (Anti- Corruption) Act 2002 MARIE BASHIR,, Governor 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 Environmental Planning and Assessment (Anti-Corruption) Act 2002, do, by this my Proclamation, appoint 5 July 2002 as the day on which that Act commences. Signed and sealed at Sydney, this 3rd day of July 2002. By Her Excellency's Command, ANDREW REFSHAUGE, M.P., L.S. Minister for Planning Minister for Planning GOD SAVE THE QUEEN! p02-126-p01.35 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 111 P:\pr\02\p02-126-35\p01\SIExnote.fm 4/7/02, 12:43pm 5090 LEGISLATION 5 July 2002 Regulations Public Authorities (Financial Arrangements) Amendment (Education Entities) Regulation 2002 under the Public Authorities (Financial Arrangements) Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Public Authorities (Financial Arrangements) Act 1987. MICHAEL EGAN, M.L.C., TreasurerTreasurer Explanatory note The object of this Regulation is to amend the Public Authorities (Financial Arrangements) Regulation 2000 to exclude (until 31 October 2002) the Department of Education and Training and the TAFE Commission from provisions of the Public Authorities (Financial Arrangements) Regulation 2000 relating to joint ventures and to provide for additional investment powers for those authorities. This Regulation also makes amendments in the nature of law revision. This Regulation is made under the Public Authorities (Financial Arrangements) Act 1987, including the definition of authority in section 3 (1), clause 2 (c) of Schedule 4 and section 43 (the general regulation-making power). r02-223-p01.822 Page 1 P:\re\02\r02-223-p01.822 26/6/02, 11:28a NEW SOUTH WALES GOVERNMENT GAZETTE No. 111 5 July 2002 LEGISLATION 5091 Clause 1 Public Authorities (Financial Arrangements) Amendment (Education Entities) Regulation 2002 Public Authorities (Financial Arrangements) Amendment (Education Entities) Regulation 2002 1 Name of Regulation This Regulation is the Public Authorities (Financial Arrangements) Amendment (Education Entities) Regulation 2002. 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 P:\re\02\r02-223-p01.822 26/6/02, 11:28a NEW SOUTH WALES GOVERNMENT GAZETTE No. 111 5092 LEGISLATION 5 July 2002 Public Authorities (Financial Arrangements) Amendment (Education Entities) Regulation 2002 Amendments Schedule 1 Schedule 1 Amendments (Clause 2) [1] Clauses 52J and 52K Insert before clause 53: 52J Additional investment powers—Department of Education and Training The following additional investments, not exceeding a total investment of $5,000,000, are prescribed in respect of the Department of Education and Training for the purposes of clause 2 (c) of Schedule 4 to the Act: (a) investments in the equity, whether as shares or otherwise, of a corporation, whether or not incorporated in Australia, made on terms and conditions approved by the Treasurer, (b) investments, where the funds to be invested are subject to a trust, as approved by the trustee of the trust and made on terms and conditions approved by the Treasurer, (c) investments, where the funds to be invested are a deposit received in respect of a contract or a tender, as authorised or permitted by the contract or the tender. 52K Additional investment powers—TAFE Commission The following additional investments, not exceeding a total investment of $5,000,000, are prescribed in respect of the TAFE Commission, for the purposes of clause 2 (c) of Schedule 4 to the Act: (a) investments in the equity, whether as shares or otherwise, of a corporation, whether or not incorporated in Australia, made on terms and conditions approved by the Treasurer, Page 3 P:\re\02\r02-223-p01.822 26/6/02, 11:28a NEW SOUTH WALES GOVERNMENT GAZETTE No. 111 5 July 2002 LEGISLATION 5093 Public Authorities (Financial Arrangements) Amendment (Education Entities) Regulation 2002 Schedule 1 Amendments (b) investments, where the funds to be invested are subject to a trust, as approved by the trustee of the trust and made on terms and conditions approved by the Treasurer, (c) investments, where the funds to be invested are a deposit received in respect of a contract or a tender, as authorised or permitted by the contract or the tender. [2] Clause 57A Entities excluded from the definition of “authority” Omit clause 57A (2) and (2A). Insert instead: (2) The Department of Education and Training and the TAFE Commission are prescribed as not being within the definition of authority in section 3 (1) of the Act for the purposes of Part 2D of the Act. This subclause ceases to have effect on 31 October 2002. [3] Clause 57A (2D) Omit the subclause. [4] Clause 57A (3) Omit clause 57A (3). Insert instead: (3) Nothing in a provision of this clause affects any guarantee related to a financial arrangement entered into under the Act by an entity referred to in the provision before the commencement of the provision, or any other right or liability arising under any such financial arrangement. [5] Clause 57A (4) Omit the subclause. Page 4 P:\re\02\r02-223-p01.822 26/6/02, 11:28a NEW SOUTH WALES GOVERNMENT GAZETTE No. 111 5094 LEGISLATION 5 July 2002 Travel Agents Amendment (Amendment of Trust Deed) Regulation 2002 under the Travel Agents Act 1986 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Travel Agents Act 1986. JOHN AQUILINA, M.P., Minister for Fair Trading Minister for Fair Trading Explanatory note The object of this Regulation is to amend the Travel Agents Regulation 2001 to incorporate amendments to the trust deed set out in Schedule 1 to the principal Regulation. The trust deed establishes a compensation scheme for compensating persons who suffer a pecuniary loss by reason of an act or omission by a person who carries on, or carried on, business as a travel agent. The trustees of the compensation fund have resolved to amend the trust deed to provide: (a) that the fund’s power to pay emergency compensation extends to those claims where the travel agent was not licensed to carry on business as a travel agent and was not a participant in the fund, and (b) for the power to appoint a person to act in the position of Acting Chief Executive Officer.