New South Wales Consolidated Acts

CONSUMER CLAIMS ACT 1998 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 19)

Part 1 - Regulations

1 Regulations may contain savings and transitional provisions

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

this Act

the Consumer Claims Amendment Act 2007

(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 this Act

2 Definitions

(1) In this Part, "former Act" means the Consumer Claims Tribunals Act 1987 .

(2) A reference in this Part to a consumer claims tribunal includes a reference to such a tribunal under the name “building disputes tribunal”.

7 References to consumer claims tribunals

A reference in another Act, in an instrument made under an Act or in any other document to a consumer claims tribunal is to be read as a reference to the Fair Trading Tribunal.

8 Unsatisfactory suppliers list

(1) A list compiled under section 42 of the former Act is taken (as it stood immediately before the repeal of that section) to form part of any list compiled for the purposes of section 16 of this Act.

(2) A reference in section 16 (2) (a) to a report made under section 15 includes a reference to a report made under section 41 of the former Act.

(3) A reference in section 16 (2) (b) or (c) to orders made under this Act includes a reference to orders made by a consumer claims tribunal under the former Act.

Part 3 - Provisions consequent on enactment of Consumer Claims Amendment Act 2007

9 Definition

In this Part:
"amending Act" means the Consumer Claims Amendment Act 2007 .

10 Meaning of “consumer claim”

Section 3A, as inserted by the amending Act, extends to a consumer claim arising before the commencement of that section, but not so as to affect any determination of the Tribunal before that commencement.

11 Jurisdiction-supply or contract made, or supply intended to be made, in New South Wales

Section 7 (2) and (3), as substituted by the amending Act, extend to a consumer claim arising before the substitution of those subsections, but not so as to affect any determination of the Tribunal before that substitution.

12 Jurisdiction-limitation periods

Section 7 (2)-(4), as in force immediately before the commencement of Schedule 1 [5] to the amending Act, continue to apply in respect of a consumer claim arising before the commencement of that item.

13 Tribunal orders

An amendment made to section 8 by the amending Act extends to the determination of a consumer claim arising before the commencement of the amendment, but not so as to affect any determination of the Tribunal before that commencement.