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Government Gazette of the STATE of NEW SOUTH WALES Number 40 Friday, 31 March 2006 Published Under Authority by Government Advertising LEGISLATION Assents to Acts

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Government Gazette of the STATE of NEW SOUTH WALES Number 40 Friday, 31 March 2006 Published Under Authority by Government Advertising LEGISLATION Assents to Acts 1599 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 40 Friday, 31 March 2006 Published under authority by Government Advertising LEGISLATION Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney 13 March 2006 IT is hereby notifi ed, for general information, that His Excellency the Lieutenant 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. 1 2006 – An Act to amend the Industrial Relations Act 1996 to make further provision with respect to the functions of the Industrial Relations Commission and certain awards made by agreement of the parties; and for other purposes. [Industrial Relations Amendment Bill] Act No. 2 2006 – An Act to amend the Public Sector Employment and Management Act 2002, the Health Services Act 1997, the Health Administration Act 1982 and various other Acts to make further provision with respect to the employment of public sector staff; to repeal the Ambulance Services Act 1990; and for other purposes. [Public Sector Employment Legislation Amendment Bill] Russell D. Grove PSM Clerk of the Legislative Assembly 1600 LEGISLATION 31 March 2006 Allocation of Administration of Acts The Cabinet Offi ce, Sydney 29 March 2006 TRANSFER OF THE ADMINISTRATION OF ACTS HER Excellency the Governor, with the advice of the Executive Council, has approved that the administration of the Tow Truck Industry Act 1998 No 111 be vested in the Minister for Roads. These arrangements are in substitution for those in operation before the date of this notice. MORRIS IEMMA, Premier NEW SOUTH WALES GOVERNMENT GAZETTE No. 40 31 March 2006 LEGISLATION 1601 Regulations New South Wales Crimes (Forensic Procedures) Amendment Regulation 2006 under the Crimes (Forensic Procedures) Act 2000 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Crimes (Forensic Procedures) Act 2000. BOB DEBUS, M.P., Attorney General Attorney General Explanatory note The Crimes (Forensic Procedures) Act 2000 prohibits the disclosure of information revealed by any forensic procedure carried out on a suspect, offender or volunteer. The prohibition is subject to specific exceptions, including those provided by regulations under the Act. The object of this Regulation is to enable such information to be disclosed for the purpose of analysing a sample so as to obtain a DNA profile to be placed on the DNA database system maintained under the Act. This Regulation is made under the Crimes (Forensic Procedures) Act 2000, including section 118 (the general power to make regulations) and section 109 (3) (o). s05-572-18.p02 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 40 1602 LEGISLATION 31 March 2006 Clause 1 Crimes (Forensic Procedures) Amendment Regulation 2006 Crimes (Forensic Procedures) Amendment Regulation 2006 under the Crimes (Forensic Procedures) Act 2000 1 Name of Regulation This Regulation is the Crimes (Forensic Procedures) Amendment Regulation 2006. 2 Amendment of Crimes (Forensic Procedures) Regulation 2000 The Crimes (Forensic Procedures) Regulation 2000 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 40 31 March 2006 LEGISLATION 1603 Crimes (Forensic Procedures) Amendment Regulation 2006 Amendment Schedule 1 Schedule 1 Amendment (Clause 2) Clause 11 Disclosure of information Insert after clause 11 (6): (6A) For the purposes of section 109 (3) (o) of the Act, the purpose of analysing a sample to obtain a DNA profile to be placed on the DNA database system is a prescribed purpose for which a person may disclose information revealed by the carrying out of a forensic procedure on a suspect, offender or volunteer. (6B) Subclause (6A) applies whether or not the information concerned is revealed by a forensic procedure that was carried out before or is carried out after the commencement of subclause (6A). Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 40 1604 LEGISLATION 31 March 2006 New South Wales Rail Safety (General) Amendment (Miscellaneous) Regulation 2006 under the Rail Safety Act 2002 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Rail Safety Act 2002. JOHN WATKINS, M.P., MinisterMinister forfor Transport Transport Explanatory note The object of this Regulation is to amend the Rail Safety (General) Regulation 2003: (a) to increase penalties for offences relating to interference with train doors and unauthorised use of certain equipment such as communication equipment, and (b) to require trains to have a radio communications system and a back up system for communications, and (c) to permit certain offences to be dealt with by way of a penalty notice (on-the-spot fine), and (d) to require railway operators to develop and implement procedures for dealing with lost property, and (e) to make other minor amendments. This Regulation is made under the Rail Safety Act 2002, including sections 105 and 117 (the general regulation-making power). s05-545-31.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 40 31 March 2006 LEGISLATION 1605 Clause 1 Rail Safety (General) Amendment (Miscellaneous) Regulation 2006 Rail Safety (General) Amendment (Miscellaneous) Regulation 2006 under the Rail Safety Act 2002 1 Name of Regulation This Regulation is the Rail Safety (General) Amendment (Miscellaneous) Regulation 2006. 2 Amendment of Rail Safety (General) Regulation 2003 The Rail Safety (General) Regulation 2003 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 40 1606 LEGISLATION 31 March 2006 Rail Safety (General) Amendment (Miscellaneous) Regulation 2006 Amendments Schedule 1 Schedule 1 Amendments (Clause 2) [1] Clause 28 No interference with train doors Omit “10 penalty units”. Insert instead “50 penalty units”. [2] Clause 31 Unauthorised use of certain equipment Omit “50 penalty units” from clause 31 (1). Insert instead “250 penalty units”. [3] Clause 59 Lost property Omit clause 59 (2). Insert instead: (2) The operator of a railway must develop and implement procedures that comply with this clause for dealing with any lost property that is found on a train, railway land or part of monorail works for which the operator is responsible. Maximum penalty: 5 penalty units. (3) The procedures referred to in subclause (2) are to include (but not be limited to) procedures involving: (a) the keeping of registers of: (i) lost property that is found, and (ii) enquiries as to lost property, and (b) the keeping of written records as to when and how lost property, when found, is to be returned or disposed of. (4) The procedures referred to in subclause (2) must be capable of being audited. [4] Clause 60A Insert after clause 60: 60A Train communications systems (1) An accredited person who is responsible for a railway operation referred to in section 5 (3) (b) of the Act (operation or movement of rolling stock on a railway) must ensure that each train for which the person is responsible is, at all times during which the train is on the NSW rail network, fitted with a radio communications system that complies with this clause and a back up means of communication to be used if the radio communications system fails. Maximum penalty: 100 penalty units. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 40 31 March 2006 LEGISLATION 1607 Rail Safety (General) Amendment (Miscellaneous) Regulation 2006 Schedule 1 Amendments (2) A radio communications system for a train must: (a) enable the driver of the train to verbally communicate with any network control officer responsible for the area in which the train is operating, and (b) be working at all times that the train is being operated, and (c) be capable of receiving and transmitting emergency calls, and (d) be fitted with an emergency button that enables an emergency call from the train to be given priority over all other calls and that enables direct communication between the train and the network control officer responsible for the area in which the train is operating, and (e) be capable of transmitting an emergency communication in a form that will allow any network control officer responsible for the area in which the train is operating to transmit the communication to other trains in that area. (3) A back up means of communication for a train must consist of either or both of the following: (a) a “without brakevan (WB) radio”, being a radio that operates at a frequency of 450.050 MHz, (b) a mobile phone that is able to be used anywhere in the area in which the train is operating. (4) The ITSRR may, by notice in writing to one or more accredited persons, exempt from the operation of this clause a particular train or class of trains. (5) In this clause: NSW rail network has the same meaning that it has in the Transport Administration Act 1988. (6) This clause commences on 1 September 2006. [5] Schedule 1, Part 2 Insert in order of clause number in Columns 1 and 2, respectively: Clause 60A (1) $330 Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 40 1608 LEGISLATION 31 March 2006 Rules New South Wales Criminal Appeal Rules (Amendment No 1) 2006 under the Supreme Court Act 1970 The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 20 March 2006. Steven Jupp Secretary of the Rule Committee Explanatory note The object of these Rules is to amend the Criminal Appeal Rules as a consequence of amendments made by the Crimes (Administration of Sentences) Amendment (Parole) Act 2004 that make decisions of the Parole Authority reviewable by the Supreme Court, rather than the Court of Criminal Appeal.
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