Schedule 22 Savings, transitional and other provisions
(Section 186A)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts or provisions of Acts:(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of Parliamentary Electorates and Elections Amendment Act 2006
In this Part:amending Act means the Parliamentary Electorates and Elections Amendment Act 2006.
(1) A reference in any Act or statutory instrument, or in any document of any kind, to the State Electoral Office is taken to be or to include a reference to the New South Wales Electoral Commission.(2) A reference in any Act or statutory instrument, or in any other document of any kind, to an officer or employee (however expressed) of the State Electoral Office is taken to be a reference to a person who is a member of the staff of the Commission.
(1) The person holding office as Electoral Commissioner immediately before the date of commencement of section 21AA as inserted by the amending Act is taken to have been appointed as Electoral Commissioner under that section for a term of 10 years commencing on that date.(2) The person’s previous appointment to that office is taken to have terminated on the person’s appointment under subclause (1).(3) The person is eligible for re-appointment under section 21AB as if the person’s appointment under subclause (1) were his or her first appointment. This subclause has effect despite anything to the contrary in section 21AB, including section 21AB (5).
(1) The appointment of a person as a returning officer that is in force immediately before the repeal of section 75 by the amending Act is terminated by force of this clause.(2) A person whose appointment is terminated under this clause is eligible to be appointed to any position under this Act as amended by the amending Act.
6 Surveys of electoral districts
(1) Section 14A of this Act and section 9C of the Surveying Act 2002 as respectively inserted by the amending Act apply in relation to determinations of boundaries of electoral districts occurring after the date of assent to the amending Act.(2) The Surveyor-General may, at his or her discretion, include in the register of public surveys such details or maps relating to electoral districts whose boundaries were determined before the date of assent to the amending Act as he or she thinks fit.
(1) In the case of an elector who is enrolled immediately before the insertion of references to date of birth in this Act by the amending Act:(a) the elector’s enrolment is valid despite the absence of particulars of the elector’s date of birth, and(b) the roll or supplementary roll may be altered to include particulars of the elector’s date of birth if they are provided by the elector.(2) Nothing in this clause affects the duty of a person to include particulars of the person’s date of birth when making a claim for enrolment, provisional enrolment or transfer of enrolment or otherwise as required by or under this Act.
8 Elections and polls under other Acts or statutory rules
(1) If:(a) the Electoral Commissioner is satisfied that the processes involved in the conduct of a particular election or poll under another Act or statutory rule amended by Schedule 19 to the amending Act had commenced but not concluded at the commencement of the amendment, and(b) the Electoral Commissioner (or a person appointed by the Electoral Commissioner) had before that commencement been authorised or appointed to conduct the election or poll,the Electoral Commissioner may by order in writing make a declaration to that effect. The order is to be published in the Gazette as soon as practicable after it is made.(2) An election or poll that is the subject of an order so made is to be conducted as if the Act or statutory rule had not been amended.(3) A reference in this clause to the conduct of an election or poll includes a reference to the exercise of functions as returning officer for the election or poll.