9789 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 225 Friday, 22 November 2002 Published under authority by the Government Printing Service LEGISLATION Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Council Office Sydney 20 November 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 Council and Legislative Assembly of New South Wales in Parliament assembled, viz.: Act No. 89, 2002 - An Act to amend the Guardianship Act 1987 with respect to enduring guardians; to make consequential amendments to the Guardianship Regulation 2000; and for other purposes. [Guardianship Amendment (Enduring Guardians) Act 2002] John Evans Clerk of the Parliaments 9790 LEGISLATION 22 November 2002 ACT OF PARLIAMENT ASSENTED TO Legislative Assembly Office, Sydney, 20 November 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. 88 2002 - An Act to set out the rights and obligations of long-term casual occupants of holiday parks and the park owners; to amend various Acts; and for other purposes. [Holiday Parks (Long-term Casual Occupation) Bill] Russell D. Grove PSM Clerk of the Legislative Assembly NEW SOUTH WALES GOVERNMENT GAZETTE No. 225 22 November 2002 LEGISLATION 9791 Proclamations New South Wales Proclamation under the Crimes Legislation Amendment (Periodic and Home Detention) Act2002No74 JAMES JACOB SPIGELMAN, by Deputation from Her Excellency, Lieutenant-Governor the Governor I, the Honourable James Jacob Spigelman, Lieutenant-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 (Periodic and Home Detention) Act 2002, do, by this my Proclamation, appoint 2 December 2002 as the day on which that Act commences. Signed and sealedsealed atat Sydney,Sydney, thisthis 13th day of dayNovember of 2002. 2002. By His Excellency’s Command, RICHARD AMERY, M.P., Minister for Corrective Services L.S. Minister for Corrective Services GOD SAVE THE QUEEN! p02-222-p01.43 Page 1 C:\Docs\ad\p02-222-43\p01\SIExnote.fmNEW SOUTH WALES GOVERNMENT 20/11/02, 12:51pm GAZETTE No. 225 9792 LEGISLATION 22 November 2002 New South Wales Proclamation under the Legal Profession Amendment (Disciplinary Provisions) Act 2001 No 53 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 Legal Profession Amendment (Disciplinary Provisions) Act 2001, do, by this my Proclamation, appoint 22 November 2002 as the day on which the uncommenced provisions of that Act commence. Signed and sealedsealed atat Sydney,Sydney, thisthis 20th day of dayNovember of November 2002. 2002. By Her Excellency’s Command, BOB DEBUS, M.P., L.S. AttorneyAttorney General General GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence the uncommenced provisions of the Legal Profession Amendment (Disciplinary Provisions) Act 2001, namely Schedule 1 [17] and [18] and Schedule 2.1 to that Act. Schedule 1 [17] and [18] make amendments to the Legal Profession Act 1987 relating to appeals from decisions or orders of the Administrative Decisions Tribunal made under that Act if the Tribunal includes a Judge of the District Court. r02-215-p01.42 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 225 C:\Docs\ad\p02-215-42\p01\SIExnote.fm 20/11/02, 1:02pm 22 November 2002 LEGISLATION 9793 Proclamation Explanatory note Schedule 2.1 amends the Administrative Decisions Tribunal Act 1997 to make changes to the constitution of the Administrative Decisions Tribunal when dealing with complaints against legal practitioners. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 225 C:\Docs\ad\p02-215-42\p01\SIExnote.fm 20/11/02, 1:02pm 9794 LEGISLATION 22 November 2002 New South Wales Proclamation under the Western Lands Amendment Act 2002 No 68 MARIE BASHIR,, Governor 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 Western Lands Amendment Act 2002, do, by this my Proclamation, appoint 1 December 2002 as the day on which that Act (except for Schedule 1 [2], Schedule 2 and Schedule 4 [14]) commences. Signed and sealedsealed atat Sydney,Sydney, thisthis 20th day of dayNovember of 2002. 2002. By Her Excellency’s Command, JOHN AQUILINA, M.P., L.S. MinisterMinister for for Land Land and and Water Water Conservation Conservation GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence all of the provisions of the Western Lands Amendment Act 2002, other than provisions with respect to rent, a provision with respect to rights of access along roads and tracks that must be preserved until new arrangements with respect to public roads and rights of way are in place and a provision with respect to the application of the Crown Lands Act 1989 to Western Lands leases. p02-205-p01.18 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 225 C:\Docs\ad\p02-205-18\p01\SIExnote.fm 20/11/02, 1:07pm 22 November 2002 LEGISLATION 9795 Regulations New South Wales Crimes (Administration of Sentences) Amendment (Consequential Amendments) Regulation 2002 under the Crimes (Administration of Sentences) Act 1999 His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Crimes (Administration of Sentences) Act 1999. RICHARD AMERY, M.P., Minister for Corrective Services Corrective Services Minister for Corrective Services Explanatory note The object of this Regulation is to amend the Crimes (Administration of Sentences) Regulation 2001 to remove an obsolete provision, and to update a reference to a section of the Crimes (Administration of Sentences) Act 1999, as a consequence of certain amendments made to that Act by the Crimes Legislation Amendment (Periodic and Home Detention) Act 2002. This Regulation is made under the Crimes (Administration of Sentences) Act 1999, including section 271 (the general power to make regulations). r02-385-p01.43 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 225 C:\Docs\ad\r02-385-43\p01\SIExnote.fm 20/11/02, 12:59pm 9796 LEGISLATION 22 November 2002 Crimes (Administration of Sentences) Amendment (Consequential Clause 1 Amendments) Regulation 2002 Crimes (Administration of Sentences) Amendment (Consequential Amendments) Regulation 2002 under the Crimes (Administration of Sentences) Act 1999 1 Name of Regulation This Regulation is the Crimes (Administration of Sentences) Amendment (Consequential Amendments) Regulation 2002. 2 Commencement This Regulation commences on 2 December 2002. 3 Amendment of Crimes (Administration of Sentences) Regulation 2001 The Crimes (Administration of Sentences) Regulation 2001 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 225 C:\Docs\ad\r02-385-43\p01\SIBody.fm 20/11/02, 12:59pm 22 November 2002 LEGISLATION 9797 Crimes (Administration of Sentences) Amendment (Consequential Amendments) Regulation 2002 Amendments Schedule 1 Schedule 1 Amendments (Clause 3) [1] Clause 190 Unavoidable absence Omit the clause. [2] Clause 226 Supervision during home detention assessment Omit “section 165 (3) (b)” wherever occurring. Insert instead “section 165AA (1)”. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 225 C:\Docs\ad\r02-385-43\p01\SISchedules.fm 20/11/02, 12:59pm 9798 LEGISLATION 22 November 2002 New South Wales Legal Profession Amendment (Transitional Provisions) Regulation 2002 under the Legal Profession Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Legal Profession Act 1987. BOB DEBUS, M.P., Attorney General Attorney General Explanatory note The object of this Regulation is to prescribe transitional provisions in relation to certain amendments made by the Legal Profession Amendment (Disciplinary Provisions) Act 2001. The amendments concerned change the way in which the Administrative Decisions Tribunal is to be constituted when hearing complaints under the Legal Profession Act 1987 and provide that appeals from decisions of the Tribunal under that Act are to be heard by the Supreme Court (rather than an Appeal Panel of the Tribunal) when the original constitution of the Tribunal included a Judge of the District Court. The Regulation also contains some minor law revision amendments. This Regulation is made under the Legal Profession Act 1987, including section 216 (the general regulation-making power) and clause 1A of Schedule 8. r02-341-p01.06 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 225 C:\Docs\ad\r02-341-06\p01\SIExnote.fm 20/11/02, 1:03pm 22 November 2002 LEGISLATION 9799 Clause 1 Legal Profession Amendment (Transitional Provisions) Regulation 2002 Legal Profession Amendment (Transitional Provisions) Regulation 2002 under the Legal Profession Act 1987 1 Name of Regulation This Regulation is the Legal Profession Amendment (Transitional Provisions) Regulation 2002. 2 Commencement This Regulation commences on 22 November 2002. 3 Amendment of Legal Profession Regulation 2002 The Legal Profession Regulation 2002 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 225 C:\Docs\ad\r02-341-06\p01\SIBody.fm 20/11/02, 1:03pm 9800 LEGISLATION 22 November 2002 Legal Profession Amendment (Transitional Provisions) Regulation 2002 Amendments Schedule 1 Schedule 1 Amendments (Clause 3) [1] Clause 5 Period for holder to apply for new certificate: sections 27 (3) and 28 (3) Omit “15 May” from clause 5 (1). Insert instead “7 June”. [2] Clause 5 (2) Omit “7 June” from clause 5 (2).