NSW Laws – An Update

From January 1, several legislative changes were introduced for NSW. These legislative changes include:

Coal Acquisition Legislation Repeal Act 2007
  • Abolishes the NSW Coal Compensation Board and the NSW Coal Compensation Review Tribunal.
  • Provides for the amendment and eventual repeal of the Coal Acquisition Act 1981 and the Coal Ownership (Restitution) Act 1990.
Confiscation of Proceeds of Crime Act 1989
Confiscation of Proceeds of Crime Amendment Act 2005
Crimes and Courts Legislation Amendment Act 2006
  • New provision means if a person is determined to have received payment or reward in connection with drug trafficking, the court is able to order the person to pay a penalty equal to the payment or reward.
  • Allows courts to freeze assets to avoid crime affected property being dealt with before the court can make appropriate orders.
Crimes (Sentencing Procedure) Amendment Act 2007
  • Establishes new aggravating factors that a court may rely on for sentencing.
  • Makes it harder for remorse to be used as a mitigating factor in sentencing.
  • Creates new standard non-parole periods for various offences.
Crimes Amendment (Consent – Sexual Assault Offences) Act 2007
  • Reforms the law of consent by introducing a new definition of “consent” – that being as free and voluntary agreement to sexual intercourse.
Food Act 2003
  • Re-determines the audit frequency of food safety programs for food businesses.
Food Amendment Act 2007
  • Clarifies the role of the NSW Food Authority and local councils in relation to the safety of food for sale in NSW.
Health Legislation Amendment Act 2007
  • Prohibits the sale of tobacco products with a sweet flavour and prohibits the sale of tobacco products from mobile dealers.
  • Allows inspectors to issue penalty notices for offences under the Smoke-free Environment Act 2000.
Jury Amendment Act 2007
  • Enables three additional jurors to be selected for particular criminal trials (however only 12 jurors will still determine the verdict) to reduce the risk of criminal trials being aborted.
Local Government Amendment Act 2007
  • Clarifies the relationship between public-private partnerships and tendering requirements.
  • Clarifies that annual charges may be levied on individual lots in strata or company title properties.
Prevention of Cruelty of Animals Amendment (Prosecutions) Act 2007
  • Specifies the particular organisations and persons etc authorised to institute proceedings for an offence under this Act.
Western Sydney Parklands Act 2006 No 92
  • Establishes the Western Sydney Parklands and the Western Sydney Parklands Trust.