New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 89)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActConsumer, Trader and Tenancy Tribunal Amendment Act 2008
(1A) The regulations may also contain provisions of a savings or transitional nature consequent on the enactment of the Courts and Crimes Legislation Amendment Act 2008 .
(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:
"final closure date" means the day occurring 8 months after the relevant date.
"former Tribunal" means:
(a) the Fair Trading Tribunal established by the Fair Trading Tribunal Act 1998 , or
(b) the Residential Tribunal established by the Residential Tribunal Act 1998 ."relevant date" means the day on which section 5 commences.
(1) On and from the relevant date:(a) no application may be made to bring any matter before a former Tribunal, and(b) a former Tribunal continues to exist, and any person holding office as a member of the former Tribunal concerned immediately before that date continues to hold office, only for the purpose of the exercise by that Tribunal of its functions under clause 6.
(2) A former Tribunal is abolished:(a) when the last of its members ceases, in accordance with an order under clause 5, to hold office, or(b) on the final closure date,whichever is earlier.
(1) The person holding office as Chairperson of the Fair Trading Tribunal or as Chairperson of the Residential Tribunal:(a) ceases to hold office as the Chairperson of the Tribunal concerned on the date of assent to this Act, and(b) is not entitled to any compensation by reason of ceasing to hold office.
(2) Despite anything in the Fair Trading Tribunal Act 1998 or the Residential Tribunal Act 1998 , the Minister may appoint any person as the Acting Chairperson of the Fair Trading Tribunal or the Residential Tribunal (including as the Acting Chairperson of both those Tribunals at the same time).
(1) The Minister may, by order published in the Gazette, declare that the member or members of a former Tribunal who are specified in the order cease to hold office from the date specified in the order. Any such member of a former Tribunal is not entitled to any compensation by reason of ceasing to hold office, but is eligible (if otherwise qualified) to be appointed as a member of the Consumer, Trader and Tenancy Tribunal.
(2) A member of a former Tribunal who is holding office immediately before the final closure date ceases to hold office on that date. Any such member is not entitled to any compensation by reason of ceasing to hold office, but is eligible (if otherwise qualified) to be appointed as a member of the Consumer, Trader and Tenancy Tribunal.
(1) Proceedings in a former Tribunal (including any proceedings in a former Tribunal that are the subject of an appeal to the Supreme Court) that:(a) were instituted before the relevant date, and(b) have not been finally determined before that date,may be continued and determined as if this Act had not been enacted, and for that purpose the provisions of any Act that would have applied to or in respect of the proceedings had this Act not been enacted continue to apply.
(2) Subclause (1) ceases to have effect on the final closure date.
(3) An order made under any other Act by a former Tribunal, being an order:(a) having effect immediately before the relevant date, or(b) made after that date in order to determine proceedings under this clause,is taken to be an order made by the Consumer, Trader and Tenancy Tribunal under the corresponding provision of this Act and may be enforced accordingly.
(1) If proceedings were instituted before the relevant date but have not commenced to be heard by a former Tribunal before the final closure date, the proceedings are taken to have been duly instituted in the Consumer, Trader and Tenancy Tribunal.
(2) If a former Tribunal had commenced to hear (but had not finally determined) a matter before the final closure date, the Consumer, Trader and Tenancy Tribunal is to continue to hear and determine the matter.
(3) For the purposes of subclauses (1) and (2):(a) the Consumer, Trader and Tenancy Tribunal has and may exercise all the functions that the relevant former Tribunal had immediately before its abolition, and(b) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the proceedings had this Act not been enacted continue to apply.
(4) For the purposes of proceedings heard under subclause (2), the Consumer, Trader and Tenancy Tribunal may have regard to any record of the proceedings before the relevant former Tribunal, including a record of any evidence taken in the proceedings.
An application for the rehearing of a matter by a former Tribunal that was made before the relevant date is, if the application has not been dealt with by that date, to be dealt with in accordance with this Act as if the application had been made under this Act.
A reference in another Act, in an instrument made under an Act or in any other document to either of the former Tribunals (including any reference that is to be read as, or otherwise treated as, a reference to either of the former Tribunals) is to be read as a reference to the Consumer, Trader and Tenancy Tribunal.
In this Part:
"amending Act" means the Consumer, Trader and Tenancy Tribunal Amendment Act
2008 .
Section 43, as amended by the amending Act, extends to an order made before that amendment and to any recommencement of proceedings in relation to that order.
Section 49, as amended by the amending Act, extends to a notice given under that section before the amendment.
Section 68 (13) (a), as amended by the amending Act, does not apply to an application made before the amendment, and that paragraph continues to apply to any such application as if the amendment had not been made.
Schedule 1, as amended by the amending Act, does not apply in respect of a matter for which an application has been made to the Tribunal under section 24 before those amendments, and that Schedule continues to apply in respect of any such matter as if those amendments had not been made.
Clause 4 of Schedule 2, as amended by the amending Act, applies only in respect of remuneration for work performed after those amendments.
(1) A matter that was referred to the Peer Review Panel before the commencement of Part 2 of Schedule 3, and that has not been fully dealt with by that Panel is, on the commencement of that Part, taken to have been referred to the Professional Practice and Review Committee and is to be dealt with accordingly.
(2) A member of the Peer Review Panel is not entitled to be paid any compensation as a consequence of the substitution of clause 2 of Schedule 3 by the amending Act.
An appeal to the Supreme Court for which a hearing date had been allocated before the commencement of Schedule 5 to the Courts and Crimes Legislation Amendment Act 2008 is to be determined as if that Act had not been enacted.