New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 31)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of:the Farm Debt Mediation Amendment Act 1996the Farm Debt Mediation Amendment Act 1998the Farm Debt Mediation Amendment Act 2002the National Competition Policy Health and Other Amendments (Commonwealth Financial Penalties) Act 2004 , to the extent that it amends this Actthe Farm Debt Mediation Amendment (Water Access Licences) Act 2005
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(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.
(1) A certificate under section 11 that was issued earlier than 3 years before the amendments made to that section by the Farm Debt Mediation Amendment Act 1996 took effect is of no force or effect, and any other certificate under that section expires as provided by section 11 (5).
(2) Section 11 (1A) and (1B) apply to the issue of a certificate under section 11 regardless of whether application was made for the certificate before or after the commencement of those subsections. Those subsections do not, however, operate to invalidate a certificate that was issued before their commencement.
The amendment made to section 17 by the Farm Debt Mediation Amendment Act 1996 has no effect in relation to mediation sessions that commenced before that amendment took effect.
(1) This Act applies to enforcement action taken in respect of hire purchase agreements whether the agreements were entered into before or after the commencement of this clause.
(2) However, this Act does not apply to any enforcement action taken in respect of a hire purchase agreement before the commencement of this clause.
A certificate issued under section 11, as in force immediately before the commencement of section 11 (5) as substituted by the Farm Debt Mediation Amendment Act 1998 , remains in force for a period of 3 years from the date of its issue.
Sections 11A and 11B, as inserted by the Farm Debt Mediation Amendment Act 1998 , do not apply to agreements entered into in mediation sessions that were concluded before the commencement of those sections.
(1) The amendments made by the Farm Debt Mediation Amendment Act 2002 extend to a default by a farmer before commencement of this clause if:(a) no notice under section 8 of this Act has been given to the farmer before that date in relation to the default, and(b) the default is under a farm mortgage in relation to which no certificate under section 11 is in force.
(2) The amendments made by the Farm Debt Mediation Amendment Act 2002 do not extend to a mediation that commenced before the commencement of this clause.
(1) In this clause, "the 2004 amending Act" means the National Competition Policy Health and Other Amendments (Commonwealth Financial Penalties) Act 2004 .
(2) Section 11 (3) continues to apply to the farmer and the creditor under a farm mortgage in respect of which the Authority had, before the repeal of that subsection by the 2004 amending Act, failed to issue a certificate under section 11 as if that subsection had not been repealed.
(3) An application to the Administrative Decisions Tribunal that had been made under section 29A before the repeal of that section by the 2004 amending Act is to be heard and determined, and the decision of the Administrative Decisions Tribunal on the application is to be given effect to, as if that section had not been repealed.
(1) In this clause, "the 2005 amending Act" means the Farm Debt Mediation Amendment (Water Access Licences) Act 2005 .
(2) The amendments made by the 2005 amending Act extend to a farm mortgage involving an interest in, or power over, an access licence (within the meaning of the Water Management Act 2000 ) that was entered into before the commencement of the 2005 amending Act, even if the farmer is in default under the farm mortgage before the commencement of the 2005 amending Act.
(3) However, the amendments made by the 2005 amending Act do not affect any enforcement action commenced before the commencement of the 2005 amending Act.