New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 88)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts: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.
In
this Part:
"the 1921 Act" means the Architects Act 1921 .
"the former Board" means the Board of Architects of New South Wales
constituted under the 1921 Act.
"the new Board" means the NSW Architects Registration Board constituted under
this Act.
(1) Despite Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 (as applied by section 22 of this Act), an application referred to in section 41 of that Act may not be made by means of electronic communication.
(2) Subclause (1) does not limit the effect of the Electronic Transactions Act 2000 .
(3) This clause ceases to have effect on a day to be appointed by proclamation published on the NSW legislation website.
(1) The new Board is taken to be a continuation of, and the same legal entity as, the former Board.
(2) A person who, immediately before the repeal of the 1921 Act, held office as an elected or appointed member of the former Board ceases to hold office on the repeal of the 1921 Act.
(3) A person to whom subclause (2) applies is not entitled to any remuneration or compensation because of the loss of office but is, if qualified, eligible for election or appointment to the new Board.
(4) If a person is not appointed or elected as a member as provided by section 60 (1) (c) or (d) on or before the commencement of section 59:(a) the Minister may appoint a person instead of that person as provided by section 60 (4) or (5) (as appropriate), and(b) a reference to a relevant educational institution in section 60 (4) is, for the purposes of paragraph (a), to be read as a reference to an institution referred to in clause 30 of the Architects (Elections and Appointments) Regulation 1995 (as in force immediately before its repeal), unless the regulations have prescribed any institution for the purposes of the definition of "relevant educational institution" in section 60 (6) on or before that commencement.
(5) Despite anything to the contrary in this Act or the regulations, a person who is appointed as a member as provided by subclause (4) ceases to hold office on the expiry of the period of 6 months after the member’s appointment (unless the person is removed from office sooner).
A person holding office as an officer of the former Board under the 1921 Act immediately before the repeal of that Act is, on that repeal, taken to have been appointed as a member of the staff of the new Board under this Act and to have been appointed to the same position and subject to the same terms and conditions as applied to the position immediately before that repeal.
The Architects Fund established under this Act is a continuation of the Architects Fund constituted under the 1921 Act.
The Register kept under the 1921 Act is taken to be the Register kept under this Act.
(1) Any individual who, immediately before the repeal of the 1921 Act, was a chartered architect (within the meaning of that Act) is taken to have been registered as an architect under this Act, subject to the same conditions as those to which the individual’s registration was then subject.
(2) Any individual who, immediately before the repeal of the 1921 Act, was a non-chartered architect (within the meaning of that Act) is taken to have been registered as an architect under this Act until the end of the period of 12 months after the commencement of this clause, subject to the same conditions as those to which the individual’s registration was then subject.
(3) Nothing in subclause (2) or Division 2 of Part 2 authorises:(a) an individual to whom subclause (2) applies to represent himself or herself to be an architect (or to allow himself or herself to be represented to be an architect) unless the representation also indicates that the individual was a non-chartered architect, or(b) another person to represent an individual to whom subclause (2) applies to be an architect unless the representation also indicates that the individual was a non-chartered architect.
(4) Nothing in this clause prevents an individual to whom subclause (1) or (2) applies from seeking registration under the provisions of this Act if otherwise qualified to be so registered.
(1) If an annual roll fee paid by an architect under the 1921 Act before its repeal wholly or partly relates to a period occurring after the repeal of that Act, the fee is taken to have been paid as an annual registration fee payable under this Act in relation to that period.
(2) A failure by an architect to pay the annual roll fee under the 1921 Act is taken to be a failure to pay the annual registration fee under this Act.
(3) An architect who was not registered under the 1921 Act immediately before its repeal because his or her name had been removed from the Register of Architects kept under that Act for failure to pay the annual roll fee is taken to have had his or her registration cancelled under this Act for failure to pay the annual registration fee.
(1) An application for registration as an architect under the 1921 Act that had not been determined by the former Board before the repeal of that Act is taken to be an application for full registration under this Act and any inquiry for the purposes of such an application may be continued and completed accordingly.
(2) Anything done under the 1921 Act in respect of any such application is taken to have been done under this Act.
(1) The provisions of the 1921 Act continue to apply to and in respect of a complaint made, or an inquiry or application for review made to the Tribunal commenced, under that Act and pending immediately before the repeal of that Act.
(2) A decision or determination resulting from a hearing, inquiry or application for review referred to in subclause (1) is taken to have been made under the corresponding provisions of this Act and is to have effect accordingly.
A complaint may be made under this Act (and dealt with as provided by this Act) in respect of any conduct of an architect who was registered under the 1921 Act if that conduct could have been the subject of a complaint under the 1921 Act if that Act had not been repealed.
In any Act or instrument (other than this Act):
(a) subject to paragraph (b), a reference to the 1921 Act is taken to include a reference to this Act, and
(b) a reference to a provision of the 1921 Act is taken to include a reference to the corresponding provision or provisions (if any) of this Act, and
(c) a reference to a chartered architect or non-chartered architect under the 1921 Act is taken to include a reference to an architect registered under this Act.
Subject to this Schedule and the regulations:
(a) anything begun under a provision of the 1921 Act before its repeal for which there is a corresponding provision in this Act may be continued and completed under the 1921 Act as if this Act had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the 1921 Act for which there is a corresponding provision in this Act (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act.