Part 4.2 Other administrative changes orders

107   Definitions

(1)  In this Part:

administrative change means:

(a)  the fact of there ceasing to be a Minister, Division of the Government Service or officer of a particular description, or

(b)  the transfer of the administration of an Act, or a part of an Act, from a Minister to another Minister, or

(c)  the transfer of a function from a Minister, Division of the Government Service or officer to another Minister, Division or officer, respectively.

description includes title.

Division of the Government Service includes any branch or other part of a Division.

officer means a member of staff of a Division of the Government Service.

reference, in relation to a Minister, Division of the Government Service or officer, includes a reference that (whether by or under this or any other Act) is to be read or construed as, or taken to be, or deemed to be, or otherwise treated as, a reference to that Minister, Division or officer.

statutory instrument means an instrument made under an Act or under an instrument made under an Act, and includes a regulation, rule, by-law or ordinance made under an Act.

(2)  For the purposes of this Part, the NSW Police Force is taken to be a Division of the Government Service but only in relation to that part of the NSW Police Force comprising administrative officers within the meaning of the Police Act 1990.

108   Orders to change references in Acts

(1)  The Governor may make orders containing provisions requiring a reference in any Act or statutory instrument, or in any other instrument, or in any contract or agreement, to a Minister, Division of the Government Service or officer by a specified description to be construed as a reference to a Minister, Division or officer, respectively, by another specified description.

(2)  Such a provision does not apply to or in respect of any Act or statutory instrument, or any other instrument, or any contract or agreement, enacted, made or entered into after the date of publication on the NSW legislation website of the order in which the provision is contained, or the date on which the provision takes effect, whichever is the later.

(3)  An order under this section need not be consequential on or incidental to administrative change.

109   Orders re administrative change and other matters

(1)  The Governor may make orders containing such provisions as in the opinion of the Governor are necessary or convenient to be made for the purpose of dealing with matters that are incidental to or consequential on administrative change, the making of an order under this Part or a requirement imposed by an order under this Part.

(2)  The provisions that may be made by an order under this section include provisions for the transfer of any property, rights and liabilities held, enjoyed or incurred by a superseded authority, and provisions of a transitional or savings nature, including any of the following provisions:

(a)  provisions for the carrying on or completion of anything commenced by, or under the authority of, or in relation to, a superseded authority,

(b)  provisions for the continuity of any body constituted by, or having amongst its members, a superseded authority,

(c)  provisions for the substitution, in any legal proceedings, of a Minister or officer for a superseded authority.

(3)  In this section:

superseded authority means a Minister, Division of the Government Service or officer who is, or whose description is, the subject of an order under this Part.