New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 95)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActBuilding Professionals Amendment Act 2008Administrative Decisions Tribunal Amendment Act 2008 (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.
(4) The provisions of this Schedule are subject to the regulations.
(1) A person who, immediately before the commencement of this clause, was an accredited certifier within the meaning of the Environmental Planning and Assessment Act 1979 (as in force immediately before that commencement) is taken to be the holder of a certificate of accreditation under this Act that authorises the person to undertake the same functions as an accredited certifier as the person’s accreditation under the Environmental Planning and Assessment Act 1979 authorised.
(2) A certificate of accreditation referred to in subclause (1) is subject to the same conditions that applied to the accreditation that was granted under the Environmental Planning and Assessment Act 1979 .
(3) Despite subclauses (1) and (2):(a) the conditions of any certificate of accreditation taken to have been granted as referred to in this clause may be varied in accordance with this Act, and(b) new conditions may be imposed in accordance with this Act on any such certificate of accreditation, and(c) any such certificate of accreditation may be suspended or cancelled in accordance with this Act.
(1) A complaint against an accredited certifier being dealt with by an accreditation body immediately before the repeal of Division 3 of Part 4B of the Environmental Planning and Assessment Act 1979 is, subject to the regulations, to continue to be dealt with by the Board as a complaint under Part 3 of this Act.
(2) Any investigation under Division 1B of Part 6 of the Environmental Planning and Assessment Act 1979 that was not completed at the repeal of that Division may be continued by the Board under Part 4 of this Act.
(3) A disciplinary finding (within the meaning of Part 4B of the Environmental Planning and Assessment Act 1979 as in force immediately before its repeal) against an accredited certifier is taken to be a disciplinary finding within the meaning of Part 3 of this Act.
(4) Sections 20 (2) and 47 extend to a person who was an accredited certifier within the meaning of the Environmental Planning and Assessment Act 1979 before the commencement of this subclause.
(5) An investigation carried out under Division 1B of Part 6 of the Environmental Planning and Assessment Act 1979 is taken to have been carried out under Part 4 of this Act.
(1) An application for accreditation as an accredited certifier made under the Environmental Planning and Assessment Act 1979 before the commencement of this clause but not finally determined before that commencement is taken to have lapsed.
(2) If the Board considers it appropriate, the Board may, in relation to any application for a certificate of accreditation by a person who made an application that is taken to have lapsed under subclause (1), waive the whole or any part of the fee for making an application for accreditation under this Act.
(1) On the commencement of this clause, an authorisation of a professional association as an accreditation body under the Environmental Planning and Assessment Act 1979 ceases to have effect.
(2) No compensation is payable to any person or body because of the operation of this clause.
(1) The Minister may, by order published in the Gazette, adopt (whether with or without change) as the first accreditation scheme for the purposes of this Act a document that has been published and publicly exhibited by a government department or statutory authority and that complies with section 4 (2).
(2) The provisions of section 4 (1) and (4) do not apply to the adoption of an accreditation scheme as referred to in subclause (1).
(3) An accreditation scheme adopted as referred to in subclause (1) is taken to have been adopted by the Minister in accordance with section 4.
An insurance policy that:
(a) was in force immediately before the commencement of this clause, and
(b) is held by a person who was, immediately before that commencement, an accredited certifier within the meaning of the Environmental Planning and Assessment Act 1979 (as in force immediately before that commencement), and
(c) complies with Division 3 of Part 4C of the Environmental Planning and Assessment Act 1979 (as in force immediately before that commencement),is taken to comply with the requirements of Division 2 of Part 6 of this Act while that insurance policy remains in force.
An accredited certifier is not guilty of a contravention of any provision of Division 3 of Part 6 solely because of complying with any term of a contract or other binding arrangement if:
(a) the contract or arrangement was entered into before the commencement of the provision, and
(b) complying with that term would not have contravened section 109ZG of the Environmental Planning and Assessment Act 1979 (as in force immediately before that commencement).
A reference in any Act or instrument (other than this Act and the regulations under this Act) to an accredited certifier within the meaning of the Environmental Planning and Assessment Act 1979 is taken to be a reference to an accredited certifier within the meaning of this Act.
An amendment made by the Building Professionals Amendment Act 2008 to any provision of Part 3 of this Act does not apply to or in respect of:
(a) a complaint if a copy of a report prepared under section 29 on the results of the investigation of the complaint has been given to the person the subject of the complaint before the commencement of that amendment, or
(b) any matter arising from a report of the results of an investigation under section 46 if a copy of the report has been given to the person the subject of the complaint before the commencement of that amendment.
In this Part:
"amending Act" means the Administrative Decisions Tribunal Amendment Act 2008
.
"appeal abolition date" means the day on which Part 3A (as inserted by the
amending Act) commences.
"existing right to appeal" means a right to appeal to an Appeal Panel of the
Tribunal against a decision, finding or action of the Tribunal that was in
existence immediately before the appeal abolition date (whether or not that
right was exercised before that date).
(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 13, 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.
(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 of the Tribunal 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 the provisions of Part 3A (as inserted by the amending Act).
(4) Despite anything in the Supreme Court Act 1970 or the Civil Procedure Act 2005 or any rules of court made under either of those Acts, an appeal made to the Supreme Court pursuant to this clause must be made within the same period provided by or under this Act or the Administrative Decisions Tribunal Act 1997 for an appeal to an Appeal Panel of the Tribunal immediately before the appeal abolition date.