New South Wales Consolidated Acts

CHILDREN (COMMUNITY SERVICE ORDERS) ACT 1987 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 30)

1 Regulations

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

Sentencing Legislation Amendment Act 1997

Criminal Legislation Amendment Act 2001 , to the extent that it amends this Act

Children (Criminal Proceedings) Amendment Act 2008 , to the extent that it amends this Act

(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.

(3) To the extent to which such a provision takes effect on 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.

2 Provisions consequent on enactment of Schedule 2 to Sentencing Legislation Amendment Act 1997

(1) Section 13 (5) applies in respect of any order only if the order is made after the commencement of that subsection.

(2) A direction in force under section 17 at the commencement of Schedule 2 [2] to the Sentencing Legislation Amendment Act 1997 continues in force, as if section 18 had not been amended by that item, until it expires or a new direction is given in its place.

(3) The repeal and re-enactment of section 20 by the Sentencing Legislation Amendment Act 1997 do not affect any extension ordered before the repeal and re-enactment take effect.

(4) Section 20 extends to apply to any children’s community service order that is in force immediately before the commencement of that subsection.

(5) Section 24 (4) and (5) as inserted by the Sentencing Legislation Amendment Act 1997 apply to a failure to comply that occurs after the commencement of those subsections, but in respect of any children’s community service order in force at the time of the failure to comply, whenever the order was made.

3 Provisions consequent on enactment of Schedule 4 to Sentencing Legislation Amendment Act 1997

Part 6 (Liability in respect of work incidents) applies only in respect of an act or omission, or an injury caused by an act or omission, that occurs after the commencement of that Part.

4 Provisions consequent on enactment of Children (Criminal Proceedings) Amendment Act 2008

Any approval of the Minister or the Director-General in respect of work under this Act that is in force immediately before the repeal of the definition of "work" by the Children (Criminal Proceedings) Amendment Act 2008 is taken, on that repeal, to be an approval in respect of community service work.