The Hon. ANTHONY D'ADAM (21:20): On behalf of the Hon. Penny Sharpe: I move:

That this bill be now read a second time.

The Government is pleased to introduce the Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024. This bill will introduce several miscellaneous amendments to 22 principal Acts, one amendment Act and seven regulations across the Better Regulation, Fair Trading and Gaming and Racing portfolios.

I seek leave to incorporate the remainder of my speech inHansard.

Leave granted.

The Government is pleased to introduce the Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024.

This bill will introduce several miscellaneous amendments to 22 principal Acts, one Amendment Act and seven regulations across the Better Regulation, Fair Trading and Gaming and Racing portfolios.

The bill will ensure that the legislation in the portfolio remains relevant, fit-for-purpose and in line with twenty-first century technology and practices.

The bill will also ensure that existing legislation, and reforms passed by Parliament that have yet to commence, can operate as intended.

The amendments in this bill are minor, housekeeping amendments that aim to:

modernise outdated provisions,

create more future-fit laws and ensure they stay relevant in today's digital world,

ensure legislation is harmonised and consistent across the portfolio,

clarify legal requirements, and

reduce unnecessary regulatory burden and improve customer outcomes.

These proposed amendments are based on feedback from stakeholders and NSW Fair Trading staff who apply the legislation daily.

This is also a result of taking a stewardship approach to ensure our legislation remains fit for purpose.

The laws in this State need to reflect evolving and emerging technology that impact how we live and work.

Through this bill, the Government is committed to creating a regulatory landscape that better keeps pace with change and embeds best practice in our legislation.

I will now turn to the amendments in the bill.

Schedule 1 to the bill amends seven Acts to enable certain documents currently required to be published on the website of a particular agency or department to be published on a New South Wales Government website or by other appropriate electronic means.

The Government is in the process of updating and consolidating its websites.

More information is being provided to the community on the popular nsw.gov.au website.

Laws which require certain information or documents be made accessible or available to the public or published on a particular agency or department website are inflexible and outdated.

To address this problem, the bill future proofs the requirements to publish documents on a specific website by updating website references—where appropriate—to refer to a New South Wales Government website in general terms.

The bill also adopts technology neutral language to give regulators more options to consider and use alternative technologies in the future.

For example, the option to make information, documents, notices or forms accessible using other online technology such as portals or apps.

These amendments will provide more flexibility for regulators and allows legislation to keep up with the rapid pace at which technology keeps evolving.

Schedule 2 omits references to outdated technology across various legislation in the Fair Trading portfolio.

Where necessary it updates the provision to be technology neutral to support the use of new technologies.

Currently, there are references to facsimile machines and other obsolete technologies like microfilm, floppy discs, videotapes, computer diskettes, typewriters and even lithographs.

That form of printing was invented in the 1700s. These references are generally used in the context of communicating.

The provisions have been modernised to remove references to outdated technologies while ensuring there is flexibility to communicate using other means.

Embedding technology-neutral language in legislation helps future-proof the laws as it provides the flexibility needed to accommodate new technologies.

This will also assist businesses to innovate, adopt and realise the potential of emerging technologies without having to seek permission from regulators.

The amendments reflect modern communication practices and improve readability of the law that is supported by useful technology.

Ensuring that New South Wales laws reflect the way we live and work today helps keep laws relevant and fit-for-purpose.

Schedule 3 amends six Acts and two regulations to standardise the definition of business day and remove confusing references to "working day".

Currently, there are several different definitions of business day and working day used interchangeably in a number of Acts. Some Acts do not even provide a definition.

To address this inconsistency, Schedule 3 to the bill inserts a definition of business day and amends eight pieces of legislation to rely on the new standardised definition.

The amendments will make the law clearer and more consistent for customers, reducing the risk of confusion and inadvertent non‑compliance.

Streamlining the terms to a single reference of business day will also benefit customers by creating a common meaning that can be more easily prescribed.

Schedule 4 modernises provisions in the Funeral Funds Act 1979 and the Storage Liens Act 1935 that currently require contributory funeral fund operators and storage companies to publish notices in newspapers in order to comply with the law.

The bill reduces red tape by giving these businesses the option to provide these notices online and by removing, where redundant, the obligation to give a public notice.

Similarly, the bill also amends the Property and Stock Agents Act 2002 to remove the obligation for the regulator to place newspaper ads about making a claim against the Property Services Compensation Fund.

Instead, it will require the regulator to publish a notice on a New South Wales Government website or by other electronic means that is appropriate to bring notice to the attention of persons likely to be affected by the notice.

Importantly, the bill preserves the ability to use the media to improve public awareness where necessary.

Provisions which require a notice to be published in a newspaper were introduced decades ago. Some have been in force for over a century without any substantive change, including some commencing before consumers could access radios let alone mobile phones and the internet.

Newspapers are no longer the only way to reach the public, nor are they always the most effective way.

In today's market, readers are increasingly using digital services to access information quickly.

The bushfires, floods and the global pandemic has resulted in digital channels becoming critical as readers are constantly seeking up‑to‑the‑minute information.

During the global pandemic, digital subscriptions increased 23.5 per cent.

It is now more likely that a notice will come to the public's attention if it is prominently published online, instead of as a one-off ad in a daily newspaper.

The bill will not only improve the effectiveness of these newspaper notices but could reduce unnecessary costs estimated from around $300 to $3,000 per notice or more.

This is money that business could be using to improve services, and money that could instead be flowing through to consumers.

In particular the bill amends the Storage Liens Act 1935 to remove the newspaper notification so that a storage business only needs to serve notice of unpaid charges to the owner of the goods.

While the current newspaper ad requirement was important in 1935 as a fail-safe in case the owner was not able to be reached by post, the methods of serving notice now include email and other electronic methods accessible 24/7 from almost any location.

It is highly unlikely that, where all other contact methods have failed, a consumer will happen to see a one-off newspaper ad.

The bill also removes the cost of the newspaper ad from the money that can be recovered from the owner, which may result in more money being returned to them following the sale of the unclaimed goods.

Schedule 5 modernises various Acts and a regulation to enable electronic record keeping and to provide that information can be exchanged electronically between parties without the need for in-person contact.

Currently, several laws contain or imply solely paper-based record keeping for businesses.

The laws also contain requirements for records to be provided or distributed in hard copy or using outdated methods to share records, such as making records available on request for physical inspection at any reasonable hour.

For example, the Agricultural Tenancies Act 1990 provides that it is a duty for the owner and tenant to keep accounts in connection with the tenancy and each party has a right to inspect the other's accounts at any reasonable time.

There is no recognition that these records could also be kept electronically or that information can be exchanged between the parties without the need for a personal home visit.

The bill is also updating a small number of provisions which only allow for the physical inspection of documents.

The Funeral Funds Act 1979 currently requires a funeral contribution fund to provide, for physical inspection at their office, a number of documents, including a copy of their latest annual return and a copy of the rules of the fund.

The bill will allow funeral funds to publish these documents on their website if they wish.

This amendment recognises and will support the needs of these funds and their contributors and provides cost savings.

It will also make this information more readily available to members through modern means of communication.

Similarly, the Funeral Funds Act 1979 requires the secretary to make available certain documents for public access. The provision is outdated in that it only provides for physical inspection.

The bill will allow the secretary to determine the form or manner in which these documents can be made available. This amendment will provide oversight while also allowing the public to access information more quickly and efficiently by removing the requirement to physically visit an office.

Modernising these provisions to complement existing methods will support digitisation initiatives and also benefit both businesses and consumers as they can save time and reduce unnecessary costs.

Schedule 6 modernises and harmonises the service of documents across 21 Acts in the Fair Trading portfolio.

The bill will future proof the law by providing the option to serve documents by electronic means, not just email, and allowing extra methods to be added in the regulations.

The changes will benefit industry by creating more clear and consistent rules that support automation.

Consumers will have more choice in how they want to be contacted, creating a better experience and reducing the risk of delays.

For example, the Strata Hub is an online hub to consolidate information about 82,000 strata schemes.

Thousands of builders, owners, tenants and workers can access and send information through one customer-friendly portal.

By inserting a standard "electronic" service method in every other Fair Trading Act, the bill will support future digitisation projects including the adoption of technology like the Strata Hub so documents can be electronically served in other regimes.

While the bill modernises the service of documents, it also retains important protections for consumers and businesses.

In order to serve a document using electronic means, the recipient will need to consent to the service of documents in that way and provide the address or location.

The Act does not replace methods like sending documents by post, but simply seeks to increase the range of options available for individuals and businesses to use.

The bill also inserts the standard general service of documents provision in other Acts which do not contain a service of documents provision despite making references in the Act to serving notices.

Specifying the acceptable methods of service in these Acts which are currently silent on the matter will provide legislative certainty and clarity.

I now turn to schedule 7 to the bill which makes various miscellaneous amendments to modernise provisions and reduce the regulatory burden, and to clarify the law so it remains fit for purpose and can operate as intended.

I firstly turn to the amendments in schedule 7 to the bill relating to the Associations Incorporation Act 2009.

The bill introduces several amendments seeking to provide greater flexibility, clarity and certainty for incorporated associations in New South Wales.

Associations represent a diverse range of activities from sporting clubs, music groups to charities, childcare services and migrant support services.

By bringing people together for a shared purpose, associations are pivotal in weaving the social and cultural threads of the community, particularly in rural and regional areas.

Schedule 7.1 to the bill aims to increase privacy protections for association committee members and the public officer while reducing the potential for identity fraud or harm.

The bill does this by removing unnecessary requirements from the Associations Incorporation Act 2009.

Firstly, it removes the requirement that the association's official address must be the address where the public officer can generally be found.

Instead, it clarifies that an association's official address should be an address located in New South Wales at which documents can be served by post.

Secondly, the bill removes the requirement for certain personal information about committee members and the public officer to be notified to the secretary and recorded in a register that can be made available to the public.

These amendments will increase protection for these groups as the date of birth and residential address of members' will no longer be required or recorded in the register of committee members which can be made available to the public.

Similarly, it removes the requirement for the public officer's date of birth and address where they can generally be found to be notified to the secretary.

A copy of the notification is available to any person who searches the public register. Details of a public officer's date of birth are not considered to be necessary for the proper administration of the Act.

Stakeholders have raised concerns about publishing this information including women's refuges, associations with members who are judicial officers, corrective services staff, and staff who work in child protection.

Many people in these fields do not ordinarily disclose their personal details to the general public due to safety concerns.

The bill also makes another important change for associations which clarifies that the process for finalising an association's affairs following involuntary cancellation is different from winding up an association.

Section 77 deals with the finalisation of an association's affairs and distribution of surplus assets following involuntary cancellation of an association's registration.

However, the section uses the term "winding up" which potentially misrepresents the function of the secretary under this provision.

Distribution of surplus property in winding up an association is provided for elsewhere under section 65 and applies a different process as it is undertaken in accordance with the applied provisions of the Corporations Act 2001 of the Commonwealth.

The amendment in the bill will remove the confusion between the application of sections 77 and 65 and will address the issue of where an association has assets and cannot distribute.

Further, the bill also enables combined electronic and postal ballots for incorporated associations.

Currently, associations can only choose one of these methods to carry out ballots. This is impractical and does not reflect the modern ways in which voting can be conducted.

The amendment will allow more associations to use both postal and electronic ballots and is likely to reduce red tape and expense for the administration of incorporated associations.

I now turn to the miscellaneous amendments in schedule 7 which focus on improvements which modernise provisions, future-proof the law so it will remain up to date and reduce regulatory or administrative burden.

Schedules 7.1, 7.5 and 7.9 to the bill include amendments to the Associations Incorporation Act 2009, Co-operative Housing and Starr-Bowkett Societies Act 1998 and the Tow Truck Industry Act 2009 to remove the need to provide a statutory declaration where it is unnecessary.

These Acts are the only Acts left in the portfolio that still contain references and provisions to submit statutory declarations.

The need for statutory declarations is unclear given that false or misleading declarations are already general offences under the Crimes Act 1900. Some Acts also have specific provisions making it an offence to make a false or misleading statement on a form.

For example, the Tow Truck Industry Act 1998 authorises the secretary to require additional information to be verified by statutory declaration as part of an application.

However, separately it provides that is an offence to make false or misleading statements as part of the application.

The Associations Incorporation Act 2009 and the Co-operative Housing and Starr-Bowkett Societies Act 1998 allow a person to provide a statutory declaration to fulfil certain requirements when there is already an approved form with a declaration section that can be used.

The need to use a statutory declaration in these instances is unnecessary.

This reform will reduce the regulatory burden for customers by omitting unnecessary statutory declarations.

It will also allow documents to be signed electronically, without needing a witness, helping to create a more seamless customer experience.

The reforms will not impact the integrity of the process and the ability of NSW Fair Trading to take action, as the specific dishonesty offences in the Act can be called upon as required.

These amendments will complement work that has started nationally to modernise statutory declarations, by removing redundant requirements.

Where statutory declarations remain necessary, the national reforms create a more customer-friendly experience by allowing for electronic execution.

Schedules 7.3 and 7.4 amend the Bio fuels Act 2007 and regulation to enable the regulation to apply, adopt or incorporate a publication as in force at a particular time or as in force from time to time.

The Biofuels Act currently relies on the international industry standard for biofuel sustainability and is the only Act in the portfolio to rely on external publications.

This means that the regulation needs to be amended every time a new version of the publication is released.

This amendment will reduce administrative effort and resource allocation spent on amending the regulation, allowing those resources to be allocated to other priorities.

It will also avoid situations where a regulation, if not amended in time, refers to out-of-date documents.

Schedule 7.5 amends the Co-operative Housing and Starr-Bowkett Societies Act 1998 to allow members to interact with the board using electronic means rather than only in person.

Currently, a member can appear before the board in person to show why they should not be fined for breaching the society's rules. The only other option a member has is to send a written statement to the board.

There is no recognition that a person can meet this obligation virtually, such as via a video call, if that is their preference.

Videoconferencing software on phones and computers has been available for years, yet people have resisted its use as they would prefer to have a "voice only" telephone conversation or meet in person.

The COVID-19 lockdowns have now swept this all away, along with many outdated rules that required physical presence.

Schedules 7.6 and 5.3 amend the Co-operative Housing and Starr-Bowkett Societies Act 1998 and the Funeral Funds Act 1979 to remove the need for businesses to keep and provide a copy of the regulating Act and Regulation when requested by a person attending their office.

This amendment will remove outdated and redundant provisions as copies of all Acts and regulations are available online via the New South Wales Legislation website and at other places.

I now turn to the miscellaneous amendments in schedule 7 which improve clarity of the law to ensure the law operates as intended.

Schedule 7.7 corrects the wording in schedule 1 [56] of the Motor Dealers and Repairers Amendment Act 2023 to clarify that under the Motor Dealers and Repairers Act 2013 parties can make claims on the Compensation Fund to enforce a tribunal order not just a judgment or order of a court.

Schedule 7.8 clarifies that the period in which a person can be disqualified from being involved in directing, managing or conducting business under the Property and Stock Agents Act 2002 can be either temporary or permanent.

Currently, a person can be disqualified from being involved in the direction, management, or conduct of the business of a licensee. But it does not specify a time period for the disqualification.

The lack of time period for this disqualification makes it difficult for Fair Trading to implement disciplinary decisions.

The proposed amendment will improve clarity and is consistent with disciplinary provisions in other Acts that specify a time period.

Finally, I turn to schedule 8 to the bill, which finalises amendments to the Liquor Act 2007, first proposed under the 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023, late last year.

The Vibrancy Reforms Act 2023 was a major package of reforms, returning vibrancy to New South Wales' night-time economy and cutting red tape.

It included amendments to part 12 of the Liquor Act 2007, to permanently grant local councils powers to temporarily allow outdoor dining and performance on local roads and public spaces.

This amendment finalises this initiative by clarifying specific language about powers and correcting an administrative issue.

Schedule 8.1 [1] inserts a new part 12 into the Liquor Act 2007, to continue to allow councils to temporarily allow the use of certain spaces for outdoor dining, performance and extension of foyer space.

These amendments are of a savings and transitional nature, and schedule 8.2 will repeal the Liquor Amendment (Savings and Transitional Arrangements) Regulation 2023 on the commencement of the new part 12.

It is important we get these amendments right so we can deliver the full intent of the Vibrancy Reforms to the people of New South Wales.

This bill is an important step in the Government's stewardship approach to manage legislation.

The amendments in the bill will improve the digital relevance of legislation and help to deliver world-class services for the people of New South Wales, now and into the future.

I am confident that the reforms will reduce the regulatory burden and improve public confidence in the law.

They will do this by modernising legacy provisions, recognising the evolving capabilities of technology, and providing greater legislative clarity and consistency.

I commend the bill to the House.

Second Reading Debate

The Hon. AILEEN MacDONALD (21:21): The Opposition supports the Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024. As already noted in the other place, the bill proposes various basic and administrative updates to a range of Acts to modernise how things are done and, as some would say, bring legislation into the twenty‑first century. The Coalition supports modernising legislation so that it is fit for purpose and up to date and uses modern methods to reach the public—basically so that it meets the people where they are at. The updates will save on costs associated with advertising in one‑off print mediums, now allowing public notices to be published online and on many other platforms. That enables more chance of consumer access to information. I will not go into the detail of all the other measures that will be streamlined by the update. It is suffice to say that the service of documents can be completed by electronic means.

There will also be consistency in terminology or, more precisely, definitions such as "business day" will be uniform across the different Acts. The bill also aims to increase privacy protections. For example, the date of birth and the address of committee members were available to the public. That was a concern and the bill's changes will give peace of mind to many individuals. The Coalition is all about vibrancy. We note the bill also allows for councils to continue to promote outdoor dining and performances. Those measures were introduced under the Coalition Government during COVID, and it is pleasing that that amendment is included as it finalises the initiative by clarifying specific language about powers and corrects an administrative issue. I could go on about other updates that the bill will allow, but I recommend that members read the detail of the second reading speech in the other place. I am sure they are keen to move on to the adjournment debate, as this is the last bill we will debate tonight. The Opposition supports the bill.

Ms CATE FAEHRMANN (21:23): I support the Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024. The Greens support modernising legislation. This moment of consensus in this Chamber tonight is an incredible thing. The bill updates references in Acts to things like lithographs and computer diskettes. That is very important. I am not even sure I know what a lithograph is, so it is good that the bill updates legislation to reflect what technology is today and not what it was 40 years ago. We support that. In particular the amendment in schedule 8, which is designed to allow councils to encourage the use of outdoor space for dining and performance, has been wonderful for councils. Everybody has loved that initiative and how much it has revitalised neighbourhoods. The Greens support the amendments, which were temporary measures brought in under COVID, becoming permanent.

The Hon. ANTHONY D'ADAM (21:24): On behalf of the Hon. Penny Sharpe: In reply: I thank the Hon. Aileen MacDonald and Ms Cate Faehrmann for their contributions to debate on the Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024. As the House has heard, the bill will implement 16 miscellaneous reforms that amend various statutes across the Better Regulation and Fair Trading portfolio, as well as the Gaming and Racing portfolio. Reforms in the bill will modernise provisions and create more future‑fit laws to ensure that they stay relevant in today's digital world, ensure that the laws remain fit for purpose and operate efficiently, reduce unnecessary regulatory burden, ensure that legislation is harmonised and consistent across the portfolio, clarify the powers for councils to allow use of outdoor space for performance and dining, and clarify and support the intended operation of the law.

The amendments in the bill demonstrate this Government's commitment to ensure that the laws operate as intended, remain fit for purpose and keep pace with the developments in the community and twenty-first century technology and practices. It is in the public's best interests that the laws of this State are accurate, coherent and effective. Legislation should be updated to remain current, and outdated requirements that impose costs for businesses and government alike should be removed. That is exactly what the bill does, even if the amendments are minor and housekeeping in nature.

As I outlined earlier, the bill will make minor but important improvements to the various statutes in the portfolio to ensure that they reduce unnecessary regulatory burden, remain relevant and are consistent and clear. NSW Fair Trading regulates a broad range of important sectors in the community. It is critical that the legislation it administers remains relevant and is kept up to date. Otherwise, there is a risk that consumers and businesses could lose confidence in the laws being administered or it could lead to an increase in misunderstandings and disputes. I am confident that the bill will deliver meaningful change for the people of New South Wales. I thank the industry, consumer and other government stakeholders that have contributed to the development of the reforms contained in the bill. I also thank the departmental officers for their hard work during the development of the bill. I commend the bill to the House.

The ASSISTANT PRESIDENT (The Hon. Peter Primrose): The question is that this bill be now read a second time.

Motion agreed to.

Third Reading

The Hon. ANTHONY D'ADAM: On behalf of the Hon. Penny Sharpe: I move:

That this bill be now read a third time.