Schedule 5 Savings and transitional provisions
(Section 144)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
Administrative Decisions Legislation Amendment Act 1997
Courts Legislation Further Amendment Act 1997
Administrative Decisions Tribunal Legislation Amendment Act 1998
Administrative Decisions Tribunal Legislation Further Amendment Act 1998
Administrative Decisions Tribunal Legislation Amendment Act 2000
Administrative Decisions Tribunal Legislation Amendment (Revenue) Act 2000
Guardianship and Protected Estates Legislation Amendment Act 2002, to the extent that it amends this Act
Courts Legislation Amendment Act 2005, to the extent that it amends this Act
Courts Legislation Amendment Act 2010, to the extent that it amends this Act
(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 Administrative Decisions Legislation Amendment Act 1997
In this Part:abolished body means each of the following:
(a) the Boxing Appeals Tribunal,(b) the Community Services Appeals Tribunal,(c) the Equal Opportunity Tribunal,(d) the Legal Services Tribunal,(e) the Schools Appeals Tribunal,(f) the Veterinary Surgeons Disciplinary Tribunal.ADT means the Administrative Decisions Tribunal established by this Act.
amending Act means the Administrative Decisions Legislation Amendment Act 1997.
Boxing Appeals Tribunal means the Boxing Appeals Tribunal as continued by section 28 of the Boxing and Wrestling Control Act 1986 immediately before the commencement of Schedule 4.1 to the amending Act.
Community Services Appeals Tribunal means the Community Services Appeals Tribunal as constituted by section 92 of the Community Services (Complaints, Appeals and Monitoring) Act 1993 immediately before the commencement of Schedule 1.6 [6] to the amending Act.
Equal Opportunity Tribunal means the Equal Opportunity Tribunal as constituted by section 69B of the Anti-Discrimination Act 1977 immediately before the commencement of Schedule 2.1 to the amending Act.
Legal Services Tribunal means the Legal Services Tribunal constituted by section 162 of the Legal Profession Act 1987 as constituted immediately before the commencement of Schedule 3.3 to the amending Act.
relevant amending Schedule, in relation to an abolished body, means the Schedule (or part of the Schedule) to the amending Act on the commencement of which the abolished body is abolished under Division 2.
Schools Appeals Tribunal means the Schools Appeals Tribunal as constituted by section 107 of the Education Reform Act 1990 immediately before the commencement of Schedule 4.2 to the amending Act.
Veterinary Surgeons Disciplinary Tribunal means the Veterinary Surgeons Disciplinary Tribunal as constituted by section 25 of the Veterinary Surgeons Act 1986 immediately before the commencement of Schedule 4.3 to the amending Act.
Division 2 Provisions relating to particular abolished bodies and positions
(1) The Boxing Appeals Tribunal is abolished on the commencement of Schedule 4.1 to the amending Act.(2) On the abolition of the Boxing Appeals Tribunal, any person holding office as a member of the Tribunal immediately before its abolition by this Act:(a) ceases to hold office as a member of that Tribunal, and(b) is eligible (if otherwise qualified) to be appointed as a member of the ADT, and(c) is not entitled to any compensation by reason of ceasing to hold office as a member of the Tribunal.(3) A reference in another Act (other than the amending Act), in an instrument made under an Act or in any document to the Boxing Appeals Tribunal is to be read as a reference to the ADT constituted in accordance with any applicable provisions of Schedule 2 to this Act relating to the Boxing and Wrestling Control Act 1986.
4 Community Services Appeals Tribunal
(1) The Community Services Appeals Tribunal is abolished on the commencement of Schedule 1.6 [6] to the amending Act.(2) On the abolition of the Community Services Appeals Tribunal:(a) the person holding office as President of the Tribunal immediately before its abolition is by this Act:(i) appointed as a part-time Deputy President of the ADT, and(ii) appointed as the Divisional Head of the Community Services Division of the ADT, and(b) the person holding office as Deputy President of the Tribunal immediately before its abolition is by this Act:(i) appointed as a part-time non-presidential judicial member of the ADT, and(ii) assigned to the Community Services Division of the ADT, and(c) any other person who was holding office as a member of the Tribunal immediately before its abolition is by this Act:(i) appointed as a part-time non-judicial member of the ADT, and(ii) assigned to the Community Services Division of the ADT.(3) Any such person who was holding office for a specified term is taken to have been appointed to the new office for the balance of that term of office.(4) A reference in another Act (other than the amending Act), in an instrument made under an Act or in any document to the Community Services Appeals Tribunal is to be read as a reference to the ADT constituted in accordance with any applicable provisions of Schedule 2 to this Act relating to the Community Services (Complaints, Appeals and Monitoring) Act 1993.
(1) The Equal Opportunity Tribunal is abolished on the commencement of Schedule 2.1 to the amending Act.(2) On the abolition of the Equal Opportunity Tribunal:(a) the person holding office as the senior judicial member of the Tribunal immediately before its abolition is by this Act:(i) appointed as a part-time Deputy President of the ADT, and(ii) appointed as the Divisional Head of the Equal Opportunity Division of the ADT, and(b) any other person holding office as a judicial member of the Tribunal immediately before its abolition is by this Act:(i) appointed as a part-time non-presidential judicial member of the ADT, and(ii) assigned to the Equal Opportunity Division of the ADT, and(c) any person who was holding office as a non-judicial member of the Tribunal immediately before its abolition is by this Act:(i) appointed as a part-time non-judicial member of the ADT, and(ii) assigned to the Equal Opportunity Division of the ADT.(3) Any such person who was holding office for a specified term is taken to have been appointed to the new office for the balance of that term of office.(4) A reference in another Act (other than the amending Act), in an instrument made under an Act or in any document to the Equal Opportunity Tribunal is to be read as a reference to the ADT constituted in accordance with any applicable provisions of Schedule 2 to this Act relating to the Anti-Discrimination Act 1977.
(1) The Legal Services Tribunal is abolished on the commencement of Schedule 3.3 to the amending Act.(2) On the abolition of the Legal Services Tribunal:(a) the person holding office as President of the Tribunal immediately before its abolition is by this Act:(i) appointed as a part-time Deputy President of the ADT, and(ii) appointed as the Divisional Head of the Legal Services Division of the ADT, and(b) any existing barrister member of the Tribunal is by this Act:(i) appointed as a part-time non-presidential judicial member of the ADT, and(ii) assigned to the Legal Services Division of the ADT, and(iii) taken to be a barrister member of the Legal Services Division, and(c) any existing solicitor member of the Tribunal is by this Act:(i) appointed as a part-time non-presidential judicial member of the ADT, and(ii) assigned to the Legal Services Division of the ADT, and(iii) taken to be a solicitor member of the Legal Services Division, and(d) any existing licensee member of the Tribunal is by this Act:(i) appointed as a part-time non-judicial member of the ADT, and(ii) assigned to the Legal Services Division of the ADT, and(iii) taken to be a licensee member of the Legal Services Division, and(e) any existing lay member of the Tribunal is by this Act:(i) appointed as a part-time non-judicial member of the ADT, and(ii) assigned to the Legal Services Division of the ADT, and(iii) taken to be a lay member of the Legal Services Division.(3) Any such person who was holding office for a specified term is taken to have been appointed to the new office for the balance of that term of office.(4) A reference in another Act (other than the amending Act), in an instrument made under an Act or in any document to the Legal Services Tribunal is to be read as a reference to the ADT constituted in accordance with any applicable provisions of Schedule 2 to this Act relating to the Conveyancers Licensing Act 1995 or the Legal Profession Act 1987.(5) In this clause:barrister member of the Legal Services Division has the same meaning as it has in Part 3 of Schedule 2.
existing barrister member means a person holding office as a barrister member of the Legal Services Tribunal immediately before its abolition by this Act.
existing lay member means any person holding office as lay member of the Legal Services Tribunal immediately before its abolition by this Act.
existing licensee member means any person holding office as licensee member (within the meaning of the Conveyancers Licensing Act 1995 immediately before it was amended by the amending Act) of the Legal Services Tribunal immediately before its abolition by this Act.
existing solicitor member means any person holding office as a solicitor member of the Legal Services Tribunal immediately before its abolition by this Act.
lay member of the Legal Services Division has the same meaning as it has in Part 3 of Schedule 2.
licensee member of the Legal Services Division has the same meaning as it has in Part 3 of Schedule 2.
solicitor member of the Legal Services Division has the same meaning as it has in Part 3 of Schedule 2.
(1) The Schools Appeals Tribunal is abolished on the commencement of Schedule 4.2 to the amending Act.(2) On the abolition of the Schools Appeals Tribunal, any person holding office as a member of the Tribunal immediately before its abolition is by this Act appointed as a part-time non-judicial member of the ADT.(3) Any such person who was holding office for a specified term is taken to have been appointed to the new office for the balance of that term of office.(4) A reference in another Act (other than the amending Act), in an instrument made under an Act or in any document to the Schools Appeals Tribunal is to be read as a reference to the ADT constituted in accordance with any applicable provisions of Schedule 2 relating to the Education Reform Act 1990.
8 Veterinary Surgeons Disciplinary Tribunal
(1) The Veterinary Surgeons Disciplinary Tribunal is abolished on the commencement of Schedule 4.3 to the amending Act.(2) On the abolition of the Veterinary Surgeons Disciplinary Tribunal:(a) any person holding office as a chairperson:(i) ceases to hold office as a member of that Tribunal, and(ii) is eligible (if otherwise qualified) to be appointed as a member of the ADT, and(iii) is not entitled to any compensation by reason of ceasing to hold office as a member of the Tribunal, and(b) any other person holding office as a member of the Tribunal is appointed as a part-time non-judicial member of the ADT and is assigned to the General Division of the ADT.(3) Any person referred to in subclause (2) (b) who was holding office for a specified term is taken to have been appointed to the new office for the balance of that term of office.(4) A reference in another Act (other than the amending Act), in an instrument made under an Act or in any document to the Veterinary Surgeons Disciplinary Tribunal is to be read as a reference to the ADT constituted in accordance with any applicable provisions of Schedule 2 to this Act relating to the Veterinary Surgeons Act 1986.
8A Commencement of abolition provisions of amending Act for the purposes of this Schedule
For the avoidance of doubt, Schedules 2.1, 3.3, 4.1, 4.2 and 4.3 to the amending Act are taken, for the purposes of this Schedule only, to have commenced on 6 October 1998.
Division 3 Provisions relating to the jurisdiction transferred from courts to the ADT
(1) This clause applies to proceedings before a court that:(a) were instituted before the commencement of any relevant amendment, and(b) have not been finally determined by the court before that commencement.(2) Proceedings to which this clause applies are to be determined as if this Act and the amending Act had not been enacted.(3) Accordingly, any rules, regulations or other law that would have been applicable to the proceedings had this Act and the amending Act not been enacted continue to apply to the proceedings as if neither Act had been enacted.(4) In this clause:relevant amendment means an amendment made to another Act by the amending Act the effect of which is to confer jurisdiction on the ADT to determine any matter that, immediately before the commencement of that amendment, could have been determined by the court concerned.
10 Issue of replacement commission or other instrument of appointment
(1) The Governor may issue an appropriate commission under the public seal of the State to a person who is appointed to a new office under this Part as a Deputy President or Divisional Head of the ADT. The appointment is effective whether or not such a commission is issued.(2) The Minister may issue an appropriate instrument of appointment to a person who is appointed to a new office under this Part as a non-presidential judicial member or non-judicial member of the ADT. The appointment is effective whether or not such an instrument is issued.
11 Transitional arrangements pending making of rules of Commission
Until rules of the ADT are in force with respect to any matter for which rules may be made, the regulations may make provision with respect to that matter.
12 Legal Services Tribunal Rules 1995
(1) Until the Rules of the ADT provide otherwise and subject to this Act, the Legal Services Tribunal Rules 1995 as in force immediately before the abolition of the Legal Services Tribunal continue in force as the rules of the ADT in respect of matters before the Legal Services Division of the Tribunal.(2) References in the Legal Services Tribunal Rules 1995 to the Legal Services Tribunal are to be read as references to the ADT.(3) Nothing in this clause prevents the future amendment or repeal of the rules.
13 Regulations made under substantially re-enacted provisions continue in force
(1) Subject to this clause, a regulation in force immediately before the commencement of a relevant amendment to the provision under which the regulation was made continues to have effect as a regulation made under the provision (as amended).(2) Any reference in a regulation continued in force under subclause (1):(a) to a court or tribunal from which jurisdiction is to be transferred to the ADT is to be read as a reference to the ADT, and(b) to an appeal, complaint or other application to the court or tribunal is to be read as a reference to an application to the ADT.(3) Nothing in this clause prevents the future amendment or repeal of any such regulation.(4) In this clause, relevant amendment means an amendment made to any provision of another Act by the amending Act the effect of which is:(a) to substantially re-enact the provision of the other Act, or(b) to otherwise amend the provision by removing references to any court or tribunal and replacing them with references to the ADT.
14 Pending proceedings before an abolished body
(1) If proceedings were commenced but not heard by an abolished body before its abolition, the proceedings are taken to have been duly commenced in the ADT.(2) If an abolished body had commenced to hear (but had not determined) a matter before its abolition, the person or persons hearing the matter:(a) are to continue to hear the matter, and to determine the matter, sitting as the ADT, and(b) have and may exercise, while sitting as the ADT under this clause, all the functions that the abolished body had immediately before its abolition.(2A) A decision made under this clause is taken to be an appealable decision for the purposes of Part 1 of Chapter 7.(3) This clause applies despite any contrary provision of this Act.
14A Appeals to courts from decision of abolished bodies
(1) This clause applies to a decision of an abolished body in respect of which:(a) an appeal to a court under a provision of another Act could have been lodged immediately before the commencement of the amendment of the provision by an appeal amendment, and(b) no such appeal was pending before the court immediately before the commencement of the appeal amendment.(2) Despite anything in section 30 of the Interpretation Act 1987 or any other law, no appeal lies from a decision to which this clause applies to the court that, immediately before the commencement of the appeal amendment, had jurisdiction to hear and determine an appeal from such a decision.(3) However:(a) a decision to which this clause applies is taken to be an appealable decision of the ADT for the purposes of Part 1 of Chapter 7, and(b) a party to the proceedings before the abolished body concerned is taken to have been a party to proceedings in which an appealable decision of the ADT was made.(4) In this clause, appeal amendment means an amendment to a provision of another Act by the amending Act the effect of which is to remove a right to appeal to a court from a decision of an abolished body.
(1) An order made under another Act by an abolished body, being an order having effect immediately before the abolition of the abolished body, is taken to be an order made by the ADT under the corresponding provision of that Act (as amended by the relevant amending Schedule) or this Act (as the case may be).(2) Any application for an order made to an abolished body under another Act and not determined immediately before the commencement of the relevant amending schedule is to continue to be dealt with as if made under this Act (but only if there is a corresponding provision of this Act under which the order could be made).(3) This clause is subject to the other provisions of this Schedule.
16 Expiration of current period
If, for any purpose, time had commenced to run under a provision of another Act in relation to an abolished body before, but had not expired before, the commencement of the relevant amending Schedule, it expires for the corresponding purpose under that Act (as amended by the relevant amending Schedule) or this Act, as the case may be, at the time at which it would have expired if the provision had not been amended by the relevant amending Schedule.
(1) If anything done or commenced under another Act in relation to an abolished body before the abolition of that body and still having effect or not completed immediately before that abolition could have been done or commenced under that Act (as amended by the relevant amending Schedule) or this Act if the relevant amending Schedule or this Act had been in force when the thing was done or commenced:(a) the thing done continues to have effect, or(b) the thing commenced may be completed, as if it had been done or commenced under the other Act (as amended) or this Act.(2) This clause is subject to any express provision of this Act on the matter.
Part 3 Provisions consequent on enactment of Administrative Decisions Tribunal Legislation Amendment Act 1998
In this Part:ADT means the Administrative Decisions Tribunal established by this Act.
amending Act means the Administrative Decisions Tribunal Legislation Amendment Act 1998.
(1) This clause applies to proceedings before a court that:(a) were instituted before the commencement of any relevant amendment, and(b) have not been finally determined by the court before that commencement.(2) Proceedings to which this clause applies are to be determined as if this Act and the amending Act had not been enacted.(3) Accordingly, any rules, regulations or other law that would have been applicable to the proceedings had this Act and the amending Act not been enacted continue to apply to the proceedings as if neither Act had been enacted.(4) In this clause:court includes any tribunal, person or body authorised to determine any appeal.
relevant amendment means an amendment made to another Act by the amending Act the effect of which is to confer jurisdiction on the ADT to determine any matter that, immediately before the commencement of that amendment, could have been determined by the court concerned.
20 Regulations made under substantially re-enacted provisions continue in force
(1) Subject to this clause, a regulation in force immediately before the commencement of a relevant amendment to the provision under which the regulation was made continues to have effect as a regulation made under the provision (as amended).(2) Any reference in a regulation continued in force under subclause (1):(a) to a court or tribunal from which jurisdiction is to be transferred to the ADT is to be read as a reference to the ADT, and(b) to an appeal, complaint or other application to the court or tribunal is to be read as a reference to an application to the ADT.(3) Nothing in this clause prevents the future amendment or repeal of any such regulation.(4) In this clause, relevant amendment means an amendment made to any provision of another Act by the amending Act the effect of which is:(a) to substantially re-enact the provision of the other Act, or(b) to otherwise amend the provision by removing references to any court or tribunal and replacing them with references to the ADT.
Part 4 Provisions consequent on enactment of Administrative Decisions Tribunal Legislation Further Amendment Act 1998
In this Part:amending Act means the Administrative Decisions Tribunal Legislation Further Amendment Act 1998.
ADT means the Administrative Decisions Tribunal established by this Act.
(1) This clause applies to proceedings before a court that:(a) were instituted before the commencement of any relevant amendment, and(b) have not been finally determined by the court before that commencement.(2) Proceedings to which this clause applies are to be determined as if this Act and the amending Act had not been enacted.(3) Accordingly, any rules, regulations or other law that would have been applicable to the proceedings had this Act and the amending Act not been enacted continue to apply to the proceedings as if neither Act had been enacted.(4) In this clause:court includes any tribunal, person or body authorised to determine any appeal.
relevant amendment means an amendment made to another Act by the amending Act the effect of which is to confer jurisdiction on the ADT to determine any matter that, immediately before the commencement of that amendment, could have been determined by the court concerned.
23 Regulations made under substantially re-enacted provisions continue in force
(1) Subject to this clause, a regulation in force immediately before the commencement of a relevant amendment to the provision under which the regulation was made continues to have effect as a regulation made under the provision (as amended).(2) Any reference in a regulation continued in force under subclause (1):(a) to a person, court or tribunal from which jurisdiction is to be transferred to the ADT is to be read as a reference to the ADT, and(b) to an appeal, complaint or other application to the person, court or tribunal is to be read as a reference to an application to the ADT.(3) Nothing in this clause prevents the future amendment or repeal of any such regulation.(4) In this clause, relevant amendment means an amendment made to any provision of another Act by the amending Act the effect of which is:(a) to substantially re-enact the provision of the other Act, or(b) to otherwise amend the provision by removing references to any person, court or tribunal and replacing them with references to the ADT.
24 Pending proceedings in a Division of ADT on re-allocation of function
(1) This clause applies to proceedings:(a) that are pending in the General Division of the ADT immediately before the commencement of Schedule 1 [22] to the amending Act, and(b) that relate to applications made to the ADT under the Environmental Planning and Assessment Act 1979, Security Industry Act 1997 or Veterinary Surgeons Act 1986.(2) Proceedings to which this clause apply are to be determined in the General Division in accordance with the provisions of Part 4 of Schedule 2 to this Act as in force immediately before the commencement of Schedule 1 [22] to the amending Act.
25 Appointments of Divisional Heads not affected
The amendments made to section 16 of this Act by the amending Act do not affect the validity of any appointment of a Divisional Head made under that section before its amendment.
26 Assignment of members to Divisions not affected
The amendments made to section 21 of this Act by the amending Act do not affect the validity of any assignment of a member to a Division made under that section before its amendment.
Part 5 Provisions consequent on enactment of Retail Leases Amendment Act 1998
In this Part:amending Act means the Retail Leases Amendment Act 1998.
ADT means the Administrative Decisions Tribunal established by this Act.
(1) This clause applies to proceedings before a tribunal or court concerning a retail tenancy dispute that:(a) were instituted before the commencement of any relevant amendment, and(b) have not been finally determined by the tribunal or court before that commencement.(2) Proceedings to which this clause applies are to be determined as if this Act and the amending Act had not been enacted.(3) Accordingly, any rules, regulations or other law that would have been applicable to the proceedings had this Act and the amending Act not been enacted continue to apply to the proceedings as if neither Act had been enacted.(4) In this clause:relevant amendment means an amendment made to another Act by the amending Act the effect of which is to confer jurisdiction on the ADT to determine any matter that, immediately before the commencement of that amendment, could have been determined by the court concerned.
Part 6 Provisions consequent on enactment of Administrative Decisions Tribunal Legislation Amendment Act 2000
In this Part:amending Act means the Administrative Decisions Tribunal Legislation Amendment Act 2000.
30 Amending Act does not apply to or affect existing proceedings and other matters under this Act
(1) The amending Act does not apply to or affect:(a) any internal review that has not been completed (or a right to seek an internal review arising) under section 53 of this Act immediately before the commencement of Schedule 1 [5] to the amending Act, and(b) any appeal to an Appeal Panel that has not been heard or completed (or any right to so appeal arising) immediately before the commencement of Schedule 1 [1] to the amending Act, and(c) any order made under section 75 (2) (b) of this Act before the commencement of Schedule 1 [11] to the amending Act that is in force immediately before that commencement, and(d) an offence under section 126 of this Act that was committed or is alleged to have been committed (or any proceedings for any such offence that were commenced but have not been finally determined) before the commencement of Schedule 1 [13] to the amending Act, and(e) any application to the Tribunal for a review under the Dangerous Goods Act 1975 that has not been heard or completed (or any right to so apply arising) immediately before the commencement of Schedule 2.2 to the amending Act.(2) Accordingly, any rules, regulations or other law that would have been applicable to a matter referred to in subclause (1) (a)–(e) had the amending Act not been enacted continue to apply to that matter as if the amending Act had not been enacted.
31 Pending proceedings in a Division of ADT on re-allocation of function
(1) This clause applies to proceedings:(a) that are pending in the General Division of the ADT immediately before the commencement of Schedule 1 [14] to the amending Act, and(b) that relate to applications made to the ADT under the Adoption of Children Act 1965 or the Child Protection (Prohibited Employment) Act 1998.(2) Proceedings to which this clause apply are to be determined in the General Division in accordance with the provisions of Part 4 of Schedule 2 to this Act as in force immediately before the commencement of Schedule 1 [14] to the amending Act.
Part 7 Provisions consequent on enactment of Administrative Decisions Tribunal Legislation Amendment (Revenue) Act 2000
In this Part:amending Act means the Administrative Decisions Tribunal Legislation Amendment (Revenue) Act 2000.
existing tax objection determination means the determination of an objection by the Chief Commissioner of State Revenue under Division 1 of Part 10 of the Taxation Administration Act 1996 before the repeal of the repealed appeal provisions by the amending Act.
new review provisions means Division 2 of Part 10 of the Taxation Administration Act 1996 as inserted by the amending Act.
repealed appeal provisions means Division 2 of Part 10 of the Taxation Administration Act 1996 as in force immediately before the commencement of the new review provisions.
revenue amendments means the amendments made to the Taxation Administration Act 1996, the Land and Environment Court Act 1979 and the Land Tax Management Act 1956 by the amending Act.
33 Amending Act applies to certain existing tax objection determinations
(1) This clause applies to any existing tax objection determination in respect of which:(a) an appeal to the Supreme Court could have been lodged under the repealed appeal provisions immediately before the repeal of those provisions by the amending Act, and(b) no such appeal was lodged with the Supreme Court immediately before that repeal.(2) No appeal lies to the Supreme Court under the repealed appeal provisions in respect of an existing tax objection determination to which this clause applies.(3) However, the new review provisions apply to any such determination as if those provisions had been in force at the time the determination was made under the Taxation Administration Act 1996.
34 Amending Act applies to certain appeal proceedings before Supreme Court
(1) This clause applies to an appeal in respect of an existing tax objection determination that was pending before (but not heard by) the Supreme Court under the repealed appeal provisions immediately before the repeal of those provisions by the amending Act.(2) The new review provisions apply to an appeal to which this clause applies instead of the repealed appeal provisions.(3) For the purposes of subclause (2), an appeal to which this clause applies is taken to be an application for review by the Supreme Court that was duly made under the new review provisions. Accordingly, the Supreme Court may determine or otherwise deal with the appeal as if it were an application for review made to it under the new review provisions.
35 Amending Act does not apply to or affect certain matters
(1) Subject to this Part, this Act and the revenue amendments do not apply to or affect:(a) any determination of a taxpayer’s objection made by the Chief Commissioner of State Revenue under the Taxation Administration Act 1996 before the commencement of the revenue amendments, and(b) any right to appeal to the Land and Environment Court under section 38A of the Land Tax Management Act 1956 that accrued before that commencement, and(c) any other proceedings that were instituted before the commencement of the revenue amendments and have not been finally determined by a court before that commencement.(2) Subject to this Part, any rules, regulations or other law that would have been applied to any determination, appeal right or proceedings referred to in subclause (1) had this Act and the amending Act not been enacted continue to apply to the objection, appeal right or proceedings as if this Act and the amending Act had not been enacted.
Part 8 Provisions consequent on enactment of Administrative Decisions Tribunal Amendment Act 2004
In this Part:amending Act means the Administrative Decisions Tribunal Amendment Act 2004.
appeal abolition date, in relation to a right to appeal to an Appeal Panel, means:
(a) in relation to appeals against decisions of the Tribunal under the Architects Act 2003—the day on which Part 4A of that Act (as inserted by the amending Act) commences, and(b) in relation to appeals against decisions of the Tribunal under the Surveying Act 2002—the day on which Part 6A of that Act (as inserted by the amending Act) commences, and(c) in relation to appeals against decisions of the Tribunal under the Veterinary Practice Act 2003—the day on which Part 9A of that Act (as inserted by the amending Act) commences, and(d) in relation to appeals against decisions of the Tribunal under the Veterinary Surgeons Act 1986—the day on which Part 6B of that Act (as inserted by the amending Act) commences.existing right to appeal means a right to appeal to an Appeal Panel against a decision of the Tribunal that was in existence immediately before the appeal abolition date for that right (whether or not that right was exercised before that date).
37 Pending proceedings before an Appeal Panel
(1) This clause applies to proceedings before an Appeal Panel of the Tribunal that:(a) were instituted in exercise of an existing right to appeal, and(b) have not been finally determined by the Appeal Panel before the appeal abolition date for that appeal right.(2) Subject to clause 39, proceedings to which this clause applies are to be determined as if the amending Act had not been enacted.(3) Accordingly, any rules, regulations or other law that would have been applicable to the proceedings had the amending Act not been enacted continue to apply to the proceedings as if the amending Act had not been enacted.
38 Existing rights of appeal to Appeal Panel
(1) This clause applies to an existing right to appeal that had not been exercised before the appeal abolition date.(2) No appeal lies to an Appeal Panel under an existing right to appeal to which this clause applies on or after the appeal abolition date, but lies instead to the Supreme Court under the new appeal provisions as if those provisions had been in force at the time the right to appeal first accrued.(3) For the purposes of this clause, the new appeal provisions are:(a) in relation to appeals against decisions of the Tribunal under the Architects Act 2003—Part 4A of that Act (as inserted by the amending Act), and(b) in relation to appeals against decisions of the Tribunal under the Surveying Act 2002—Part 6A of that Act (as inserted by the amending Act), and(c) in relation to appeals against decisions of the Tribunal under the Veterinary Practice Act 2003—Part 9A of that Act (as inserted by the amending Act), and(d) in relation to appeals against decisions of the Tribunal under the Veterinary Surgeons Act 1986—Part 6B of that Act (as inserted by the amending Act).(4) Despite anything in the Supreme Court Act 1970 or the rules of court made under that Act, an appeal made to the Supreme Court pursuant to this clause must be made within the same period provided by or under this Act for an appeal to an Appeal Panel immediately before the relevant appeal abolition date.
(1) Section 24A (as inserted by the amending Act) extends to proceedings that were pending before (but not yet heard by) the Tribunal immediately before the commencement of that section.(2) Section 113 (2A)–(2C) (as inserted by the amending Act) do not apply to the following:(a) any right to appeal to an Appeal Panel that had accrued (but not been exercised) before the date on which those subsections commenced,(b) any appeal to an Appeal Panel that was pending before the Panel immediately before the date on which those subsections commenced.
Part 9 Provisions consequent on enactment of Courts Legislation Amendment Act 2005
40 Constitution of Retail Leases Division of Tribunal
(1) The constitution of the Tribunal before the relevant day, for the purposes of exercising its functions under the Retail Leases Act 1994 in relation to unconscionable conduct claims, by any of the following members, and the assignment of any such member to the Retail Leases Division of the Tribunal, is validated:(a) a member who would have satisfied the requirements of clause 1 (3) (a) of Part 3B of Schedule 2, if the amendments made by the amending Act had been in force at the time of the assignment,(b) a member who, at the time of the assignment, had substantial experience or qualifications in commercial law.(2) Anything done or omitted to be done before the relevant day by the Tribunal as so constituted, that would have been validly done or omitted if the Tribunal had been properly constituted, is also validated.(3) In this clause:amending Act means the Courts Legislation Amendment Act 2005.
relevant day means the date of commencement of Schedule 1 to the amending Act.
Part 10 Provisions consequent on enactment of Legal Profession Act 2004 and Legal Profession Amendment Act 2005
(1) Any proceedings pending before the Tribunal before the commencement of any amendment made to this Act by the Legal Profession Amendment Act 2005 are to continue to be dealt with as if the Legal Profession Act 2004 and the Legal Profession Amendment Act 2005 had not been enacted.(2) (Repealed)
Part 11 Provisions consequent on enactment of Administrative Decisions Tribunal Amendment Act 2008
In this Part:amending Act means the Administrative Decisions Tribunal Amendment Act 2008.
substantive amendment means any amendment made to this Act by the amending Act other than:
(a) the amendments made by Schedule 1 [57] and [58] to the amending Act, or(b) amendments updating references to repealed or renamed legislation and any other amendments in the nature of statute law revision.
(1) Except to the extent that a provision of this Part provides otherwise, a substantive amendment does not apply to or otherwise affect:(a) any applications (including applications for internal reviews) that were made, but not finally determined, before the commencement of the amendment, or(b) any proceedings that were commenced, but not finally determined, before the commencement of the amendment.(2) The following substantive amendments extend to applications and proceedings that were made or commenced, but not finally determined, before the commencement of the substantive amendment concerned:(a) the amendments made to sections 74 (3), 86 and 105,(b) the amendment made to section 8,(c) the amendments made to section 24A,(d) the amendments made to sections 44 (1), 57 (1) and 67,(e) the amendment made to section 73,(f) the amendment that inserts section 79A,(g) the amendments made to section 84,(h) the amendment that inserts section 86A,(i) the amendment made to section 88,(j) the amendments made to section 102,(k) the amendment made to section 104,(l) the amendments made to sections 114 and 118C.(3) The substantive amendments made to section 71:(a) extend to proceedings that were commenced, but not finally determined, before the amendments commenced (existing proceedings), but(b) do not affect any right or entitlement that an agent representing a party in existing proceedings had to represent the party immediately before the commencement of the amendments.(4) The substantive amendment made to section 74 (4):(a) extends to proceedings that were commenced, but not finally determined, before the commencement of the amendment, but(b) does not extend to proceedings where an objection has been made under section 74 (4) as in force before the commencement of the amendment.(5) The substantive amendment made to section 113 applies to appeals from appealable decisions of the Tribunal made on or after the day on which the amendment commences, but not to appealable decisions made before that day.(6) The substantive amendments made to clauses 4 and 5 of Part 3 of Schedule 2 extend to proceedings that were pending (but not yet heard) before the commencement of the amendments.(7) If a substantive amendment does not apply or extend to, or otherwise affect, an application, objection or proceedings, the application, objection or proceedings are to be determined or dealt with under this Act as if the substantive amendment had not been enacted.
44 Abolition of Subcommittees of Rule Committee
(1) Each Subcommittee for a Division established by the Rule Committee under section 97 is abolished on the day on which that section is repealed by the amending Act (the abolition day).(2) Any person holding office as a member of any such Subcommittee immediately before the abolition day:(a) ceases to hold office as such on that day, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
45 Interim rules of the Tribunal taken to be made by Rule Committee
(1) On and from the repeal of the Administrative Decisions Tribunal Rules (Transitional) Regulation 1998 by the amending Act, the provisions set out in Schedule 1 to that Regulation as in force immediately before that repeal:(a) are taken to be and have effect as if they were rules of the Tribunal that had been made by the Rule Committee under this Act, and(b) may be cited as the Administrative Decisions Tribunal Rules 1998,and may be renamed, amended and repealed accordingly.(2) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the rules taken to have been made by operation of this clause.
46 Existing regulations not affected
The amendment made to section 145 by the amending Act does not affect the continued validity of any regulations that are in force immediately before the commencement of the amendment.
Part 12 Provision consequent on enactment of Courts and Other Legislation Amendment Act 2009
47 Appeals against interlocutory decisions
Section 113 (2B) (as substituted by the Courts and Other Legislation Amendment Act 2009) does not apply to an application for leave to appeal against an interlocutory decision made before the substitution.
Part 13 Provision consequent on enactment of Courts Legislation Amendment Act 2010
48 Constitution of Tribunal in Community Services Division
The amendment made to clause 3 of Part 1 of Schedule 2 by the Courts Legislation Amendment Act 2010 extends to proceedings that were pending (but not yet heard) before the commencement of the amendment.
Part 14 Provision consequent on enactment of Courts and Crimes Legislation Further Amendment Act 2010
49 Applications to the Tribunal for review
An amendment made to section 55 by the Courts and Crimes Legislation Further Amendment Act 2010 applies only to applications made to the Tribunal for review of a reviewable decision after the commencement of the amendment.