Government Gazette of the STATE of NEW SOUTH WALES Number 196 Friday, 12 December 2003 Published Under Authority by Cmsolutions
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11169 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 196 Friday, 12 December 2003 Published under authority by cmSolutions LEGISLATION Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Council Office Sydney 3 December 2003 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 Council and Legislative Assembly of New South Wales in Parliament assembled, viz.: Act No. 83, 2003 - An Act to amend the Occupational Health and Safety Act 2000 with respect to prosecutions for offences. [Occupational Health and Safety Amendment (Prosecutions) Act 2003] John Evans Clerk of the Parliaments 11170 LEGISLATION 12 December 2003 12 December 2003 LEGISLATION 11171 ACTS OF PARLIAMENT ASSENTED TO Legislative Council Office Sydney 5 December 2003 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 Council and Legislative Assembly of New South Wales in Parliament assembled, viz.: Act No. 84, 2003 - An Act to amend the Bail Act 1978 with respect to presumptions against the granting of bail to persons accused of certain firearms and property offences, sureties and forfeiture of sureties; to amend the Criminal Procedure Act 1986 with respect to persons arrested on conviction warrants; and for other purposes. [Bail Amendment (Firearms and Property Offences) Act 2003] Act No. 85, 2003 - An Act to amend certain Acts with respect to criminal offences and proceedings for criminal offences; and for other purposes. [Crimes Legislation Further Amendment Act 2003] Act No. 86, 2003 - An Act to amend the Marketing of Primary Products Act 1983 to make provision with respect to the authorisation of certain rice marketing arrangements and agreements for the purposes of section 51 of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales. [Marketing of Primary Products Amendment (Rice Marketing) Act 2003] Act No. 87, 2003 - An Act relating to the practice of veterinary science, to repeal the Veterinary Surgeons Act 1986; and for other purposes. [Veterinary Practice Act 2003] John Evans Clerk of the Parliaments NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 11170 LEGISLATION 12 December 2003 12 December 2003 LEGISLATION 11171 Proclamations New South Wales Proclamation under the Bail Amendment Act 2003 No 22 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 Bail Amendment Act 2003, do, by this my Proclamation, appoint 15 December 2003 as the day on which Schedule 1 [3] to that Act commences. Signed and sealedsealed atat Sydney,Sydney, this this 10th day of dayDecember of December 2003. 2003. By Her Excellency’s Command, L.S. BOB DEBUS, M.P., AttorneyAttorney General General GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence the provisions of the Bail Amendment Act 2003 relating to stays of decisions to grant bail. s03-750-07.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 P:\si\03\s03-750-07\p01\s03-750-07-p01EXN.fm 5/12/03, 11:37 am 11172 LEGISLATION 12 December 2003 12 December 2003 LEGISLATION 11173 New South Wales Proclamation under the Courts Legislation Amendment Act 2003 No 71 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 Courts Legislation Amendment Act 2003, do, by this my Proclamation, appoint 1 January 2004 as the day on which that Act commences. Signed and sealedsealed atat Sydney, Sydney, this this 10th day of dayDecember of 2003. 2003. By Her Excellency’s Command, BOB DEBUS, M.P., L.S. AttorneyAttorney General General GOD SAVE THE QUEEN! s03-703-94.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 C:\Docs\ad\s03-703-94\p01\s03-703-94-p01EXN.fm 2/12/03, 09:53 am 11172 LEGISLATION 12 December 2003 12 December 2003 LEGISLATION 11173 New South Wales Proclamation under the Crimes Legislation Amendment (Property Identification) Act 2003 No 5 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 Crimes Legislation Amendment (Property Identification) Act 2003, do, by this my Proclamation, appoint 15 December 2003 as the day on which that Act commences. SignedSigned and sealed atat Sydney,Sydney, this this 10th day of dayDecember of December 2003. 2003. By Her Excellency’s Command, L.S. JOHN WATKINS, M.P., Minister forfor PolicePolice GOD SAVE THE QUEEN! s03-704-11.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 C:\Docs\ad\s03-704-11\p01\s03-704-11-p01EXN.fm 27/11/03, 04:43 pm 11174 LEGISLATION 12 December 2003 12 December 2003 LEGISLATION 11175 New South Wales Proclamation under the Firearms and Crimes Legislation Amendment (Public Safety) Act 2003 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 Firearms and Crimes Legislation Amendment (Public Safety) Act 2003, do, by this my Proclamation, appoint 15 December 2003 as the day on which that Act commences. Signed and sealedsealed atat Sydney, Sydney, this this 10th day of dayDecember of December 2003. 2003. By Her Excellency’s Command, JOHN WATKINS, M.P., L.S. MinisterMinister for for Police Police GOD SAVE THE QUEEN! s03-726-35.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 C:\Docs\ad\s03-726-35\p01\s03-726-35-p01EXN.fm 27/11/03, 10:20 am 11174 LEGISLATION 12 December 2003 12 December 2003 LEGISLATION 11175 Regulations New South Wales Bail Amendment (Stays of Decisions) Regulation 2003 under the Bail Act 1978 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Bail Act 1978. BOB DEBUS, M.P., AttorneyAttorney General Explanatory note The object of this Regulation is to amend the Bail Regulation 1999 to enable a notice of intention not to proceed with a request for a review of a decision to grant bail to a person accused of a serious offence to be filed with a Local Court, in addition to the Supreme Court. The effect of filing the notice is that the stay imposed on the decision to grant bail ceases to have effect. This Regulation is made under the Bail Act 1978, including sections 25A and 69 (the general regulation-making power). s03-751-07.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 P:\si\03\s03-751-07\p01\s03-751-07-p01EXN.fm 4/12/03, 04:16 pm 11176 LEGISLATION 12 December 2003 12 December 2003 LEGISLATION 11177 Clause 1 Bail Amendment (Stays of Decisions) Regulation 2003 Bail Amendment (Stays of Decisions) Regulation 2003 under the Bail Act 1978 1 Name of Regulation This Regulation is the Bail Amendment (Stays of Decisions) Regulation 2003. 2 Commencement This Regulation commences on 15 December 2003. 3 Amendment of Bail Regulation 1999 The Bail Regulation 1999 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 P:\si\03\s03-751-07\p01\s03-751-07-p01BOD.fm 4/12/03, 04:16 pm 11176 LEGISLATION 12 December 2003 12 December 2003 LEGISLATION 11177 Bail Amendment (Stays of Decisions) Regulation 2003 Amendment Schedule 1 Schedule 1 Amendment (Clause 3) Clause 9A Insert after clause 9: 9A Notices withdrawing requests for review of court bail For the purposes of section 25A (3) (b) of the Act, a notice that the Crown does not intend to proceed with a request for a review of a decision to grant bail may be filed with a Local Court. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 NEW SOUTH WALES GOVERNMENT GAZETTE No. 196 P:\si\03\s03-751-07\p01\s03-751-07-p01SCH.fm 4/12/03, 04:17 pm 11178 LEGISLATION 12 December 2003 12 December 2003 LEGISLATION 11179 New South Wales Environmental Planning and Assessment Amendment (Fishing Activities) Regulation 2003 under the Environmental Planning and Assessment Act 1979 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979. CRAIG KNOWLES, M.P., Minister for Infrastructure and Planning and Minister for Infrastructure and Planning and Minister forfor NaturalNatural ResourcesResources Explanatory note Currently, designated fishing activities that are listed in Schedule 1A to the Fisheries Management Act 1994 are not subject to the general provisions of Part 5 of the Environmental Planning and Assessment Act 1979 (the Act). Designated fishing activities were to be brought within the scope of Division 5 of that Part on 31 December 2003. The object of this Regulation is to extend the period during which the provisions of Part 5 of the Act do not apply, so as to allow additional time for fisheries management strategies to be developed for each designated fishing activity. This is necessary because a fisheries management strategy is the basis for environmental assessment under Division 5 of that Part.