New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 14 (10))
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Crown Law Officers Legislation Amendment (Abolition of Life Tenure) Act 2007Crown Law Officers Legislation Amendment (Retirement Age) Act 2011
(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:
"2007 amending Act" means the Crown Law Officers Legislation Amendment
(Abolition of Life Tenure) Act 2007 .
The amendments made to this Act by the 2007 amending Act (except the provisions of this Schedule) do not apply to the office of Crown Prosecutor held by a person immediately before the commencement of the 2007 amending Act.
The following additional provisions apply in respect of a person who as a Crown Prosecutor held the office of Senior Crown Prosecutor or Deputy Senior Crown Prosecutor immediately before the commencement of the 2007 amending Act:
(a) the person continues (subject to this Act) to hold the office of Senior Crown Prosecutor or Deputy Senior Crown Prosecutor and is taken to have been duly appointed under section 4A or 4B to the office concerned,
(b) sections 4A (3), 4B (3) and 9 (1) (c) (as inserted by the 2007 amending Act) do not apply to the person as the holder of the office of Senior Crown Prosecutor or Deputy Senior Crown Prosecutor,
(c) the person remains a Crown Prosecutor while holding office as Senior Crown Prosecutor or Deputy Senior Crown Prosecutor and (subject to this Act) after ceasing to hold that office.
(1) A person who holds office as Crown Prosecutor (whether or not as Senior Crown Prosecutor or Deputy Senior Crown Prosecutor) immediately before the commencement of the 2007 amending Act and who is subsequently appointed to a Crown law office is, on ceasing to hold the Crown law office as a result of resignation or completion of a term of office, entitled to be reappointed to the office of Crown Prosecutor.
(2) This clause ceases to apply to a person if the person does not take up that reappointment within 3 months of ceasing to hold the Crown law office unless, within that 3-month period, the person is reappointed to that Crown law office or appointed to another Crown law office.
(3) Sections 4 (2A) and 9 (1) (c) (as inserted by the 2007 amending Act) do not apply to the office of Crown Prosecutor to which a person is reappointed under this clause, and the person continues to hold that office until the person vacates the office under this Act.
(4) This clause is capable of operation in relation to the same person on more than one occasion.
(5) In this clause, "Crown law office" means the office of Director of Public Prosecutions, Deputy Director of Public Prosecutions, Solicitor for Public Prosecutions, Senior Crown Prosecutor, Deputy Senior Crown Prosecutor, Public Defender, Senior Public Defender, Deputy Senior Public Defender or Solicitor General.
The substitution of section 13 (Acting appointments) by the 2007 amending Act does not affect the continuity of any appointment in force under that section immediately before its substitution.
(1) A person who holds office as a Crown Prosecutor, Senior Crown Prosecutor or Deputy Senior Crown Prosecutor immediately before the commencement of the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 and who was appointed for a specified term of office shorter than 7 years is taken to have been appointed for a term of 7 years.
(2) Subclause (1) does not apply to the term of office of a person appointed to act in any such office.
(3) The amendments made to this Act by the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 (or by the Courts and Crimes Legislation Further Amendment Act 2008 ) do not affect (and are taken never to have affected) any right preserved by this Schedule to hold office beyond a retiring age provided by this Act.