4383 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 87 Friday, 6 July 2007 Published under authority by Government Advertising LEGISLATION Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney 28 June 2007 IT is hereby notifi ed, for general information, that the 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. 13 2007 – An Act to amend the Child Protection (Offenders Registration) Act 2000 with respect to persons who are subject to suspended sentences of imprisonment. [Child Protection (Offenders Registration) Amendment (Suspended Sentences) Bill]. Russell D. Grove PSM, Clerk of the Legislative Assembly 4384 LEGISLATION 6 July 2007 Regulations New South Wales Home Building Amendment (Authorities) Regulation 2007 under the Home Building Act 1989 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Home Building Act 1989. LINDA BURNEY, M.P., MinisterMinister forfor FairFair TradingTrading Explanatory note The object of this Regulation is to amend the Home Building Regulation 2004 to make it clear that: (a) certain authorities cannot be issued unless the Commissioner for Fair Trading is satisfied that the applicant (and any other relevant person) was not a director of, a partner of, or a person concerned in the management of, a body corporate or partnership that was disqualified from holding an authority within 3 years before the date of the application (unless the Commissioner for Fair Trading is satisfied that the applicant took all reasonable steps to prevent the conduct that led to the disqualification)—Schedule 1 [1], and (b) certain authorities cannot be issued, renewed or restored unless the Commissioner for Fair Trading is satisfied that the applicant (and any other relevant person) is not, and was not within the period of 3 years before the date of the application, an undischarged bankrupt or a director of, or a person concerned in the management of, an externally-administered body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) except in a case of a voluntary winding up of the body corporate—Schedule 1 [2] and [3]. This Regulation is made under the Home Building Act 1989, including section 140 (the general regulation-making power). s2007-039-16.d05 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 87 6 July 2007 LEGISLATION 4385 Clause 1 Home Building Amendment (Authorities) Regulation 2007 Home Building Amendment (Authorities) Regulation 2007 under the Home Building Act 1989 1 Name of Regulation This Regulation is the Home Building Amendment (Authorities) Regulation 2007. 2 Amendment of Home Building Regulation 2004 The Home Building Regulation 2004 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 87 4386 LEGISLATION 6 July 2007 Home Building Amendment (Authorities) Regulation 2007 Amendments Schedule 1 Schedule 1 Amendments (Clause 2) [1] Clause 25 General requirements for obtaining certain authorities under the Act Omit “a director, partner or person concerned in the management of a company or partnership” from clause 25 (1) (a) (xi). Insert instead “a director of, a partner of, or a person concerned in the management of, a body corporate or partnership”. [2] Clause 25 (1) (a) (xii) and (xiii) Omit the subparagraphs. Insert instead: (xii) except in relation to an application for a tradesperson certificate—is not an undischarged bankrupt and is not a director of, or a person concerned in the management of, an externally-administered body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) except in a case of a voluntary winding up of the body corporate, and (xiii) except in relation to an application for a tradesperson certificate—within the period of 3 years before the date of the application, was not an undischarged bankrupt and was not a director of, or a person concerned in the management of, an externally-administered body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) except in a case of a voluntary winding up of the body corporate, and [3] Clause 39A General requirements for renewal or restoration of authorities Omit clause 39A (1) (c) and (d). Insert instead: (c) is not an undischarged bankrupt and is not a director of, or a person concerned in the management of, an externally-administered body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) except in a case of a voluntary winding up of the body corporate, and (d) within the period of 3 years before the date of the application, was not an undischarged bankrupt and was not a director of, or a person concerned in the management of, Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 87 6 July 2007 LEGISLATION 4387 Home Building Amendment (Authorities) Regulation 2007 Schedule 1 Amendments an externally-administered body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) except in a case of a voluntary winding up of the body corporate, and Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 87 4388 LEGISLATION 6 July 2007 New South Wales Warehousemen’s Liens Regulation 2007 under the Warehousemen’s Liens Act 1935 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Warehousemen’s Liens Act 1935. LINDA BURNEY, M.P., MinisterMinister forfor FairFair TradingTrading Explanatory note The object of this Regulation is to repeal and remake, without substantial alteration, the Warehousemen’s Liens Regulation 2002 which would otherwise be repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989. This Regulation makes provision for the following matters: (a) notice to be given of claims as to the ownership of, or interest in, goods on which a lien exists, (b) the manner in which accounts are to be verified in relation to money paid to the Public Trustee from the proceeds of the sale of goods on which a lien exists, (c) the charges deductible in respect of money held by the Public Trustee from the proceeds of the sale of goods on which a lien exists. This Regulation is made under the Warehousemen’s Liens Act 1935, including sections 5, 6, 8 and 11 (the general regulation-making power). This Regulation comprises or relates to matters of a machinery nature and matters of a savings or transitional nature. s06-562-25.p02 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 87 6 July 2007 LEGISLATION 4389 Warehousemen’s Liens Regulation 2007 Contents Page 1 Name of Regulation 3 2 Definition 3 3 Prescribed notice of claim 3 4 Verification of statements of account 3 5 Charges payable to the Public Trustee 4 6 Repeal 4 7 Savings provision 4 Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 87 4390 LEGISLATION 6 July 2007 Warehousemen’s Liens Regulation 2007 Clause 1 Warehousemen’s Liens Regulation 2007 under the Warehousemen’s Liens Act 1935 1 Name of Regulation This Regulation is the Warehousemen’s Liens Regulation 2007. 2 Definition In this Regulation: the Act means the Warehousemen’s Liens Act 1935. 3 Prescribed notice of claim The prescribed notice of claim referred to in sections 5 (1) (a) and 6 (2) (b) of the Act is a notice: (a) that is in writing, and (b) that identifies the goods to which it relates, and (c) that specifies the name and address of the person by whom the claim is made, and (d) that specifies whether that person claims to be the owner of the goods or merely to have some interest in the goods and, if the latter is the case, the nature of the interest claimed. 4 Verification of statements of account (1) The copies of the statement of account that are furnished to the Public Trustee under section 8 (3) of the Act must be verified by the signature of the warehouseman or of some other person on the warehouseman’s behalf. (2) Written particulars of the following matters must be furnished to the Public Trustee together with the copies of the statement of account: (a) the date of deposit of the goods, (b) the name and address of the person who deposited the goods, (c) the name and address of the owner of the goods and of each person who claims to be the owner of the goods or to have an interest in the goods, including the name and address of any Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 87 6 July 2007 LEGISLATION 4391 Clause 5 Warehousemen’s Liens Regulation 2007 person who claims to be the holder of a bill of sale in respect of the goods, (d) particulars of any such claim, (e) particulars of any searches carried out by or on behalf of the warehouseman under the Security Interests in Goods Act 2005, (f) such other relevant information as is in the possession of the warehouseman. 5 Charges payable to the Public Trustee (1) For the purposes of section 8 (4) of the Act, the charge prescribed is 5% of the amount held by the Public Trustee under that section, or $20, whichever is the greater. (2) Nothing in this clause prevents the Public Trustee from deducting any fee, commission or charge that is payable under the Public Trustee Act 1913 or under a regulation made under that Act, from the money held by the Public Trustee under section 8 (4) of the Warehousemen’s Liens Act 1935. 6Repeal The Warehousemen’s Liens Regulation 2002 is repealed.