ASSOCIATIONS INCORPORATION ACT 2009 - SCHEDULE 4
ASSOCIATIONS INCORPORATION ACT 2009 - SCHEDULE 4
SCHEDULE 4 – Savings, transitional and other provisions
Part 1 - Savings and transitional regulations
1 Savings and transitional regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that 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 on the NSW legislation website, 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 this Act
2 Definitions
In
this Part--
"former association" means an association whose incorporation under the 1984
Act was in force immediately before the commencement of this Act.
"the 1984 Act" means the Associations Incorporation Act 1984 , as in force
immediately before its repeal by this Act.
3 Continuation of registration of existing associations
(1) A former association is taken to have been registered under this Act.
(2) The body corporate that arises from the registration of a former association under this Act is a continuation of, and the same legal entity as, the former association.
4 Rules of existing associations
(1) The rules of a former association are taken to be its constitution under this Act and, until the former association changes them under this Act, are taken to comply with the requirements of this Act.
(2) To the extent to which a former association adopted the model rules established under the 1984 Act, and until it changes its rules under this Act, those model rules continue in force in relation to that association.
5 Association members
Subject to the former association's rules, a person who was a member of a former association, or a member of a former association's committee, continues to be such a member.
6 Reservation of names
Any name that, immediately before the commencement of Division 3 of Part 2, was reserved under the 1984 Act is taken to have been reserved under this Act.
7 Continuation of register
The register kept under section 59 of the 1984 Act is taken to be the Register of Incorporated Associations under this Act.
8 Continuation of certain certificates
A certificate issued under section 62 of the 1984 Act has the same evidentiary effect as a certificate issued under section 100 of this Act.
9 Continuation of certain appeals
An appeal made under section 72 of the 1984 Act is to be heard and determined as if this Act had not been enacted, but the decision on the appeal is to be given effect to as if it were a decision on an application under section 104 of this Act.
10 Construction of other references
Subject to this Schedule and the regulations, in any Act or instrument--
(a) a reference to a provision of the 1984 Act for which there is a corresponding provision in this Act extends to the corresponding provision of this Act, and
(b) a reference to any act, matter or thing referred to in a provision of the 1984 Act for which there is a corresponding provision in this Act extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act.
11 General saving
Subject to this Schedule and the regulations--
(a) anything begun before the commencement of this Act under a provision of the 1984 Act for which there is a corresponding provision in this Act may be continued and completed under the 1984 Act as if this Act had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the 1984 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.
Part 3 - Provision consequent on enactment of Associations Incorporation Amendment (Review) Act 2016
12 Associations' constitutions
Section 25, as substituted by the Associations Incorporation Amendment (Review) Act 2016 , extends to the constitution of an association registered before the commencement of that substitution.
Part 4 - Provision consequent on enactment of Fair Trading Legislation Amendment (Reform) Act 2018
13 Exemptions from Part 5 granted by order of Secretary
An order made under section 53, as in force immediately before the substitution of that section by the Fair Trading Legislation Amendment (Reform) Act 2018 , continues to have effect until it expires or is revoked by the Secretary by order published on the NSW legislation website.
Part 5 - Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020
14 Definitions
In
this Part--
"amendment Act" means the Better Regulation and Customer Service Legislation
Amendment (Bushfire Relief) Act 2020 .
"relevant period" means the period--
(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of the amendment Act.
15 Waiver, reduction, postponement or refund of fees before commencement
(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because--(a) the person was suffering financial hardship, or(b) special circumstances existed.
(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.
16 Power to waive, reduce, postpone or refund fees applies to events before commencement
To remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to--
(a) a person who was suffering financial hardship--(i) during the relevant period, or(ii) because of events that happened during the relevant period, or
(b) special circumstances--(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.