New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 32)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActBanana Industry Amendment Act 1996Banana Industry Amendment Act 2000
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.
(3) To the extent that a provision referred to in subclause (1) takes effect from a date that is earlier than its date of 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 the person existing before the date of 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 publication.
(4) A provision referred to in subclause (1) may, if the regulations so provide, have effect despite any other clause of this Schedule.
In this Part, "the 1969 Act" means the Banana Industry Act 1969 .
The Banana Industry Committee is a continuation of, and the same legal entity as, the Banana Marketing Control Committee.
(1) The persons holding office, immediately before the date of assent to this Act, as members of the Banana Marketing Control Committee under section 7 (2) (a) and (b) of the 1969 Act shall, on and from that date, be deemed to have been duly appointed as members of the Banana Industry Committee under section 3 (3) (a) and (b), respectively, of this Act and shall, subject to this Act, hold office for a term of 5 years commencing on that date.
(2) The person who, immediately before the date of assent to this Act, was the Chairman of the Banana Marketing Control Committee shall, on and from that date, subject to this Act, be the Chairperson of the Committee.
On and from the date of assent to this Act, a reference in any other Act or in any regulation, by-law or other statutory instrument or in any other document, whether of the same or a different kind, to the Banana Marketing Control Committee shall be read as a reference to the Banana Industry Committee.
Notwithstanding this Act, the Committee may, for a period not exceeding 1 month after the date of assent to this Act, continue to carry on business under the name of the “Banana Marketing Control Committee”.
A list of banana growers compiled under section 6 of the 1969 Act, being the list as constituted immediately before the date of assent to this Act, shall be deemed to have been compiled under section 12 of this Act.
A charge imposed under section 11 of the 1969 Act shall be deemed to have been imposed under section 7 of this Act.
A direction given under section 12 of the 1969 Act and in force immediately before the date of assent to this Act shall be deemed to have been given under section 9 of this Act.
(1) Any regulations made under the 1969 Act and in force immediately before the date of assent to this Act shall be deemed to be regulations made under this Act.
(2) A regulation to which subclause (1) applies made for the purposes of a specified provision of the 1969 Act shall be deemed to be made for the provision of this Act which corresponds to the specified provision of the 1969 Act.
In this Part:
"amending Act" means the Banana Industry Amendment Act 1996 .
The persons holding office as members of the Committee appointed by the Minister pursuant to section 3 (3) (a) and (b) (as in force immediately before the commencement of the amendment to section 3 made by the amending Act) are taken, on that commencement, to have been appointed as members of the Committee pursuant to section 3 (3) (a) (as in force on that commencement).
(1) A person who, immediately before the commencement of the amendment to section 3 made by the amending Act, held office as a member of the Committee under section 3 (3) (c) (as in force immediately before that commencement) ceases to hold that office on that commencement.
(2) A person who ceases to hold office by virtue of this clause is not entitled to any remuneration or compensation in respect of ceasing to hold office but is eligible (if otherwise qualified) for re-appointment or election to the Committee.
(1) This clause applies if, on the commencement of the amendment to section 3 made by the amending Act, no regional members have been elected to hold office as members of the Committee in accordance with Part 4A.
(2) Until the regional members are first so elected, the persons who were members of the Committee under section 3 (3) (c) (as in force immediately before the commencement of the amendment to section 3 made by the amending Act) are appointed by this clause to act as members of the Committee.
(3) While so acting, a person appointed by this clause has all the functions of a member of the Committee and is taken to be a member of the Committee.
(4) The office of a person acting as a member of the Committee under this clause becomes vacant in the circumstances specified in clause 4 of Schedule 1.
(5) A person acting as a member of the Committee under this clause ceases to hold office when the first regional members are elected to hold office on the Committee in accordance with Part 4A.
(1) The Minister may, after considering any recommendation of the Committee, determine the terms of office of:(a) each of the first regional members elected to hold office on the Committee pursuant to section 3 (as amended by the amending Act), and(b) any regional member of the Committee who is elected pursuant to section 3A (2) (following a change in the boundaries of the regions to be represented on the Committee).
(2) A regional member holds office, despite clause 1 (2) of Schedule 1 but subject to the other provisions of that Schedule, for the period specified by the Minister in that determination commencing on the date of election of the member.
(3) The Minister is not required to specify the same term of office for each regional member but in any case the term of office must not be less than 1 year nor more than 4 years.
(4) A determination under this clause with respect to a regional member cannot be varied by a further determination.
(5) Despite clause 1 (2) of Schedule 1 and subclause (2) of this clause but subject to the other provisions of this Act, the regional member who assumed office on 30 July 1997 to represent the Nambucca Region holds that office until the end of 29 September 2000.
(1) The member of the Committee who, immediately before the commencement of the amendment to section 3 made by the amending Act, held office as Chairperson of the Committee, ceases to hold office as Chairperson on the commencement of that amendment or, if no regional members have been elected to hold office on the Committee by that commencement, on the election of the first regional members of the Committee.
(2) The member is not entitled to any remuneration or compensation in respect of ceasing to hold that office but is eligible (if otherwise qualified) to be elected as Chairperson of the Committee.