Schedule 6 General savings, transitional and other provisions
(Section 6)
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 3 to an amending provision contained in an Act is, if the amending provision has commenced before the date of assent to this Act, taken to have effect as from the commencement of the amending provision.(2) In this clause:amending provision means a provision of an Act, or of any other instrument, being a provision that has commenced and that makes a direct amendment to an Act by:
(a) the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter, or(b) the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter, or(c) the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act,whether the provision was enacted before or after the commencement of the Reprints Act 1972.This clause ensures that certain amendments, including amendments correcting errors in the technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting errors (for example, corrections in numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of omitted matter), will commence on the date the amendments to which they relate commenced.
2 Effect of amendment or repeal on acts done or decisions made
Except where it is expressly provided to the contrary, if this Act:(a) amends a provision of an Act or regulation, or(b) repeals and re-enacts (with or without modification) a provision of an Act or regulation,any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.This clause ensures that the amendment or repeal of a provision will not, unless expressly otherwise provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
3 Effect of amendment on regulations
Except where expressly provided to the contrary, any regulation made under an Act amended by this Act, and in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.This clause ensures that, unless expressly provided, any regulation made under an Act amended by the proposed Act, and in force immediately before the commencement of the amendment, will be taken to have been made under the amended Act.
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act 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.This clause enables the making of regulations of a savings or transitional nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the Act.
Part 2 Provisions consequent on the abolition of certain statutory and other bodies
Division 1 Former office holders
(1) This clause applies to the bodies listed in section 4 (1).(2) Any person who, immediately before the date on which a body to which this clause applies was abolished by this Act, held office as a member of the body, or as the person by whom the body was established or constituted:(a) is taken to have ceased to hold office as such on that date, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
Division 2 Staff, assets, rights and liabilities
In this Division:instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
relevant Minister, in relation to a transfer order relating to a body to which clause 7 applies, means the Minister administering the Act or regulation under which the body was constituted or established immediately before it was abolished by this Act.
transfer order means an order referred to in clause 7.
transferee means the body or person to whom any assets, rights or liabilities are transferred by a transfer order.
transferor means the body or person from whom any assets, rights or liabilities are transferred by a transfer order.
7 Transfer of assets, rights and liabilities of other former bodies
(1) This clause applies to the following bodies:(a) the Agricultural Marketing Finance Agency constituted by section 115 of the Marketing of Primary Products Act 1983,(b) the corporation sole constituted by section 4 of the School Forest Areas Act 1936,(c) all school forest trusts constituted under section 5 of the School Forest Areas Act 1936,(d) all district committees constituted under section 17 of the School Forest Areas Act 1936,(e) The State Mines Control Authority incorporated by section 13 of the State Coal Mines Act 1912.(2) The relevant Minister may direct, by order in writing, that any specified, assets, rights or liabilities of a body to which this clause applies be transferred to such person or body acting on behalf of the Crown as is specified in the order.(3) Such an order may be made on such terms and conditions as are specified in the order.(4) Any assets, rights or liabilities of a body to which this clause applies that are not transferred by such an order become assets, rights and liabilities of the Crown.
8 Vesting of undertaking in transferee
(1) When any assets, rights or liabilities are transferred by a transfer order, the following provisions have effect (subject to the order):(a) those assets of the transferor vest in the transferee by virtue of this Division and without the need for any conveyance, transfer, assignment or assurance,(b) those rights or liabilities of the transferor become by virtue of this Division the rights or liabilities of the transferee,(c) all proceedings relating to those assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,(d) any act, matter or thing done or omitted to be done in relation to those assets, rights or liabilities before the transfer by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,(e) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations) to be read as, or as including, a reference to the transferee.
(1) The operation of this Division is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.(2) The operation of this Division is not to be regarded as an event of default under any contract or other instrument.(3) No attornment to the transferee by a lessee from the transferor is required.(4) The operation of this Division includes the making of a transfer order.
A transfer order takes effect on the date specified in the order.
A transfer order may specify the consideration on which the order is made and the value or values at which the assets, rights or liabilities are transferred.
Duty is not chargeable in respect of:(a) the transfer of assets, rights and liabilities by a transfer order, or(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or registration of an interest in land).
13 Transfer of interests in land
(1) A transfer order may transfer an interest in respect of land vested in the transferor without transferring the whole of the interests of that body in that land.(2) If the interest transferred is not a separate interest, the order operates to create the interest transferred in such terms as are specified in the order.(3) This clause does not limit any other provision of this Division.
(1) At any time after the date of assent to this Act and before the repeal of the School Forest Areas Act 1936:(a) the Minister administering that Act may, by order published in the Gazette, declare that any land set apart under that Act as a school forest area (being land that formerly comprised Crown land within the meaning of the Crown Lands Act 1989) is to be a State forest within the meaning of the Forestry Act 1916, and(b) on publication of any such order, the land to which the order relates is taken to have been dedicated as a State forest under the Forestry Act 1916.(2) On the repeal of the School Forest Areas Act 1936:(a) land set apart under that Act as a school forest area (being land that formerly comprised the whole or any part of a State forest within the meaning of the Forestry Act 1916) is taken to have been dedicated as a State forest under that Act, and(b) land set apart under that Act as a school forest area (being land that formerly comprised Crown land within the meaning of the Crown Lands Act 1989, other than land the subject of an order under subclause (1)) is taken to have become Crown land.
This Part makes savings and transitional provisions consequent on the abolition of certain statutory and other bodies by section 4.