New South Wales Consolidated Acts

BANKS AND BANK HOLIDAYS ACT 1912 - SCHEDULE 5

SCHEDULE 5 – Savings, transitional and other provisions

(Section 24)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Bank Holidays Legislation Amendment Act 2002

Shop Trading Act 2008

(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 Bank Holidays Legislation Amendment Act 2002

2 Existing references to bank holidays

(1) In this clause:
"amending Act" means the Bank Holidays Legislation Amendment Act 2002 .
"existing industrial instrument" means an industrial instrument as defined in the Industrial Relations Act 1996 that was made before the commencement of this clause.

(2) An amendment made to Part 3 of this Act by the amending Act does not affect the meaning of any reference in any existing industrial instrument to a bank holiday or public holiday.

3 Opening hours for banks

A bank that was opening on any Saturday or Sunday, or both, during the period of 12 months immediately before the commencement of this clause may continue to so open without the need for an approval under Part 2 of the Shops and Industries Act 1962 :

(a) until the expiration of the period of 6 months from the commencement of this clause, or

(b) if the bank makes an application for an approval under that Part before the expiration of that 6-month period, until the application is finally determined (taking into account any proceedings for a review by the Administrative Decisions Tribunal of a decision to refuse the application or to impose conditions of approval).

Part 3 - Provisions consequent on appointment of APEC public holiday

4 Definition

In this Part, "the APEC public holiday" means 7 September 2007, being the day appointed by the notice published under section 19 (3) in Gazette No 36 of 2 March 2007 as a day to be observed as a public holiday in the local government areas specified in the Schedule to the notice.

5 Regulations concerning APEC public holiday

(1) The regulations may contain provisions of a savings or transitional nature consequent on the appointment of the APEC public holiday.

(2) Without limiting subclause (1), the regulations may provide that, for the purposes of any Act or any statutory instrument (or any provision of any Act or any statutory instrument) specified in the regulations, the APEC public holiday:

(a) is taken to be a business day, or

(b) is taken not to be a business day, or

(c) is taken to be a public holiday, or

(d) is taken not to be a public holiday, or

(e) is taken to be a working day, or

(f) is taken not to be a working day.

(3) Any such regulation may, if made after 7 September 2007, provide that, for the purposes of the Act, instrument or provision concerned, the APEC public holiday is taken always to have been, or not to have been, a business day, public holiday or working day (as the case may require).

6 Compensation not payable in respect of APEC-related matters

(1) Compensation is not payable by or on behalf of:

(a) the State or an authority of the State, or

(b) a local council, or

(c) an officer, employee or agent of the State, an authority of the State or a local council,

for an act or omission that is an APEC-related matter or that arises (directly or indirectly) from an APEC-related matter.

(2) Subclause (1):

(a) applies only in respect of acts done or omitted to be done in good faith, and

(b) does not apply to acts or omissions that cause personal injury to a person or the death of a person.

(3) In this clause:
"APEC-related matter" means the following:

(a) the appointment of the APEC public holiday,

(b) the holding of any Asia-Pacific Economic Cooperation meeting during the period commencing at the beginning of 30 August 2007 and ending at the end of 12 September 2007,

(c) the exercise of functions under the APEC Meeting (Police Powers) Act 2007 .

"compensation" includes damages and any other form of monetary compensation.