New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 42)
(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 1963 Act" means the Commercial Agents and Private Inquiry Agents Act 1963
.
(1) Despite Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (as applied by sections 6 and 12 of this Act), an application referred to in section 12 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.
(1) A commercial agent’s licence under the 1963 Act, including a licence arising under clause 5 (1), is taken to be a master licence for process serving, debt collection and repossession of goods.
(2) A private inquiry agent’s licence under the 1963 Act, including a licence arising under clause 5 (1), is taken to be a master licence for surveillance of persons and investigation of persons.
(3) A subagent’s licence under the 1963 Act that authorises its holder to act as subagent for a licensed commercial agent, including a licence arising under clause 5 (2), is taken to be an operator licence for process serving, debt collection and repossession of goods.
(4) A subagent’s licence under the 1963 Act that authorises its holder to act as subagent for a licensed private inquiry agent, including a licence arising under clause 5 (2), is taken to be an operator licence for surveillance of persons and investigation of persons.
(1) An application for a commercial agent’s licence or private inquiry agent’s licence under the 1963 Act that had been made, but not determined, before the commencement of Division 1 of Part 2 of this Act is to be dealt with under the 1963 Act as if this Act had not been enacted.
(2) An application for a subagent’s licence under the 1963 Act that had been made, but not determined, before the commencement of Division 2 of Part 2 of this Act is to be dealt with under the 1963 Act as if this Act had not been enacted.
(1) Action under section 11 or 12 of the 1963 Act that had been commenced but not completed before the commencement of Division 1 or 2 of Part 2 of this Act, as the case may be, may be completed under the 1963 Act as if this Act had not been enacted.
(2) Cancellation of a licence under the 1963 Act, as referred to in subclause (1), is taken to be cancellation of the corresponding licence under this Act.
(1) An appeal that had been made but not determined under section 14 of the 1963 Act may be heard and determined as if this Act had not been enacted.
(2) A decision by the District Court in respect of such an appeal has the same effect as if it had been a decision by the Administrative Decisions Tribunal for the purposes of this Act.
The Register referred to in section 15 of the 1963 Act is taken to be the Register of Licensees under this Act.
(1) Despite the repeal of Part 3 of the 1963 Act, compliance by the holder of a master licence for debt collection with the requirements of that Part is taken to be compliance with the requirements of Parts 1 and 2 of Schedule 2 to this Act.
(2) This clause ceases to have effect on the expiry of 12 months from the commencement of section 18 of this Act.
Schedule 1 to the 1963 Act continues to apply to and in respect of any action commenced under that Schedule before the commencement of section 18 of this Act.
(1) Any fidelity bond that had been lodged with a court pursuant to section 35 of the 1963 Act is taken to have been terminated by the person by whom it was given.
(2) If such a bond is supported by security of the kind referred to in section 35 (2) (b) of the 1963 Act, the security is to be returned to the commercial agent by whom it was given.
A certificate under section 42 of the 1963 Act is taken to be a certificate under section 22 of this Act.
(1) In this clause:
"amending Act" means the Criminal Organisations Legislation Amendment Act 2009 .
(2) An application for a licence made, but not determined, before the commencement of this clause is to be dealt with under this Act as amended by the amending Act.
(3) Sections 10 and 17, as amended by the amending Act, extend to a licence in force immediately before the commencement of this clause.