New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 91)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActFair Trading (Lay-by) Amendment Act 1993Fair Trading Amendment Act 1995Fair Trading Legislation Amendment Act 1997Fair Trading Amendment (Employment Placement Services) Act 2002Fair Trading Amendment Act 2003Fair Trading Amendment Act 2004Fair Trading Amendment Act 2006 (but only to the extent that it amends this Act)Fair Trading Amendment (Motor Vehicle Insurance and Repair Industries) Act 2006Fair Trading Amendment (Funeral Goods and Services) Act 2007Fair Trading Amendment (Unfair Contract Terms) Act 2010Fair Trading Amendment (Australian Consumer Law) Act 2010
(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 on the NSW legislation website, 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.
(4) For the avoidance of doubt, any provision of the regulations made for the purposes of this clause may, if the regulations so provide, have effect despite any specified provision of this Act (including a provision of this Schedule).
In
this Schedule:
"appointed day" means the day appointed and notified under section 2 (2).
"repealed Act" means the Consumer Protection Act 1969 as in force immediately
before the appointed day.
The person who, immediately before the appointed day, held office under the Public Service Act 1979 as Commissioner for Consumer Affairs continues on and after the appointed day to hold that office subject to that Act and to the terms and conditions applicable immediately before that day in relation to the office.
A delegation in force immediately before the appointed day under section 15A of the repealed Act continues in force on and after that day as if it were a delegation under section 8 of this Act.
(1) For the purposes of this Act, an investigating officer or inspector holding office under the repealed Act immediately before the appointed day shall be deemed to have been appointed as an investigator by order of the Minister under this Act.
(2) If the repealed Act had continued in force on and after the appointed day and an investigating officer or inspector holding office under that Act could have exercised a function in relation to a matter arising under it, an investigator may act in relation to the matter as if it had arisen under this Act.
Where, immediately before the appointed day, a person held office:
(a) as Chairperson of the Products Safety Committee under the repealed Act, or
(b) as a member (not being the Chairperson) of that Committee,the person continues on and after that day as Chairperson or member of the Products Safety Committee under and subject to this Act on the terms and conditions on which the office was held immediately before that day.
Section 57A of the repealed Act as in force at the time of a conviction or order before the appointed day under that Act or any other Act administered by the Minister continues on and after the appointed day to apply in relation to the conviction or order as if this Act had not been enacted and, for that purpose, that section shall be deemed to have operated as if such a conviction or order made by the District Court under section 125 (1) of the Justices Act 1902 had been made by a court of petty sessions or Local Court at the place at which it was made by the District Court.
(1) Where a regulation or order in force under the repealed Act immediately before the appointed day could have been made under this Act if this Act had been in force at the time the regulation or order was made, the regulation or order continues in force on and after the appointed day as if it had been made under this Act and may be revoked or varied by a regulation or order made under this Act.
(2) A regulation or order continued in force by subsection (1) shall be construed as if a reference in the regulation or order to a provision of the repealed Act were a reference to the corresponding provision of this Act.
Section 91 and this Schedule have effect in addition to, and do not derogate from, the operation of section 8 of the Interpretation Act 1897 or section 30 of the Interpretation Act 1987 .
A reference in any other Act or instrument to the repealed Act or any other Act repealed by this Act shall be read as a reference to this Act.
(1) Where anything done or commenced under the repealed Act before the appointed day and still having effect or not completed immediately before that day could have been done or commenced under this Act if it had been in force at the time the thing was done or commenced, the thing done continues to have effect, or the thing commenced may be completed, as if it had been done or commenced under this Act.
(2) Subclause (1) does not apply to anything in relation to which other provision is made by this Schedule.
A reference in a provision of this Act to sections 40 and 41 of the Interpretation Act 1987 shall, until the commencement of that Act, be read as a reference to section 41 of the Interpretation Act 1897 and a reference in the provision to a statutory rule shall be read as a reference to a regulation.
Part 5B (Lay-by Sales) of this Act does not apply to a lay-by sale within the meaning of the Lay-by Sales Act 1943 made before the repeal of that Act and that Act continues to apply to the sale as if it had not been repealed.
(1) A person may make an application under section 12, and the Commissioner may grant an application under section 13, as amended by the Fair Trading Amendment Act 1995 , in relation to acts, matters or things arising, and legal proceedings commenced but not completed, before the commencement of that Act.
(2) However, a person may not apply for, and the Commissioner may not grant, legal assistance in relation to any such act, matter or thing or proceedings if the Commissioner has previously refused to grant the legal assistance.
(1) In this clause, "amending Act" means the Fair Trading Legislation Amendment Act 1997 .
(2) The Property Services Council, Home Building Advisory Council and Motor Dealers Council are abolished on the commencement of the provisions of the amending Act repealing the provisions that respectively constitute them.
(3) A person ceases to hold office as member or Chairperson of such a council on the abolition of the council concerned. The person is not entitled to be paid any remuneration or compensation by reason of ceasing to hold any such office.
(4) The Property Services Council Statutory Interest Account is to be closed on the establishment of the Property Services Statutory Interest Account under the Property, Stock and Business Agents Act 1941 , as amended by the amending Act.
(5) The Property Services Council Compensation Fund is to be closed on the establishment of the Property Services Compensation Fund under the Property, Stock and Business Agents Act 1941 , as amended by the amending Act.
(6) The Property Services Council Administration Account is to be closed by the Director-General on the repeal by the amending Act of section 25 of the Property, Stock and Business Agents Act 1941 , and the amount standing to its credit is to be paid to the Department of Fair Trading Operating Account.
(7) Section 64C of the Property, Stock and Business Agents Act 1941 , as inserted by the amending Act, extends to claims, expenses and costs incurred in connection with the Property Services Council Compensation Fund before the commencement of that section.
(1) In this clause, "amending Act" means the Fair Trading Amendment Act 2003 .
(2) The amendments made to sections 23A and 23C by the amending Act do not apply to or in respect of a notice served on a person under section 23A before the commencement of those amendments, and sections 23A and 23C (as in force immediately before that commencement) apply in relation to a person on whom such a notice has been served as if those amendments had not been made.
(3) Division 3 of Part 3, as amended by the amending Act, does not apply to or in respect of an order made under section 34 (as in force immediately before the commencement of the amendments to that Division), and the provisions of that Division (as in force immediately before that commencement) apply to any such order as if those amendments had not been made.
(4) Division 3 of Part 4, as inserted by the amending Act, does not apply to or in respect of a credit purchase agreement (within the meaning of the Door-to-Door Sales Act 1967 ) made before the repeal of that Act by the amending Act, and the repealed Act continues to apply to any such agreement as if the repealed Act had not been repealed.
(5) Section 66A, as inserted by the amending Act, extends to unlawful conduct occurring before the commencement of that section.
(6) Section 68 (2), as amended by the amending Act, does not apply to a cause of action accruing before the commencement of the amendment to that subsection.
(7) Section 68 (2), as in force immediately before the commencement of the amendment to that section by the amending Act, continues to apply to or in respect of a cause of action accruing before that commencement as if the amendment had not been made.
(1) In this clause, "amending Act" means the Fair Trading Amendment Act 2004 .
(2) Part 5D, as inserted by the amending Act, applies only to conduct engaged in after the commencement of that Part.
(3) Section 71 (1) (a), as substituted by the amending Act, applies only in relation to a contravention that occurs after the commencement of that amendment.
(1) In this clause, "amending Act" means the Home Building Amendment Act 2004 .
(2) A person ceases to hold office as a member or Chairperson of the Home Building Advisory Council constituted under this Act on the repeal of Division 8 of Part 2 by the amending Act. The person is not entitled to any remuneration or compensation by reason of ceasing to hold any such office.
(1) A person who, immediately before the commencement of Schedule 1 [10] to the Fair Trading Amendment Act 2006 , held office as a member of the Motor Trade Advisory Council ceases to hold office on that commencement.
(2) A person who ceases to hold office because of this clause is not entitled to any remuneration or compensation because of so ceasing to hold office.
(3) A reference in any Act (other than this Act) or in any instrument made under any Act to the Motor Trade Advisory Council is to be read as a reference to the Motor Vehicle Industry Advisory Council established under this Act.
Part 5F, as inserted by the Fair Trading Amendment (Funeral Goods and Services) Act 2007 , does not apply to a supply of funeral goods or services as referred to in that Part that occurs pursuant to an arrangement entered into with a consumer before an information standard that is relevant to the supply is first prescribed under that Part.
(1) Part 5G (as inserted by the Fair Trading Amendment (Unfair Contract Terms) Act 2010 ) applies to a contract entered into on or after the day on which that Part commences ( "the commencement day") but before the day on which that Part is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010 .
(2) Except as provided by subclauses (3)-(5), Part 5G does not apply to a contract entered into before the commencement day.
(3) If a contract is renewed on or after the commencement day but before the day on which Part 5G is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010 , Part 5G applies to the contract as renewed, on and from the day ( "the renewal day") on which the renewal takes effect, in relation to conduct that occurs on or after the renewal day.
(4) If a term of the contract is varied on or after the commencement day but before the day on which Part 5G is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010 and subclause (3) has not already applied in relation to the contract, Part 5G applies to the term as varied, on and from the day ( "the variation day") on which the variation takes effect, in relation to conduct that occurs on or after the variation day but before the day on which Part 5G is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010 .
(5) If subclause (4) applies to a term of a contract, sections 60ZD (2) and 60ZH (as inserted by the Fair Trading Amendment (Unfair Contract Terms) Act 2010 ) apply to the contract.
Section 9A (as amended by the Personal Property Securities Legislation Amendment Act 2010 ) extends to information obtained before the commencement of the amendments to that section.
In this Part:
"amending Act" means the Fair Trading Amendment (Australian Consumer Law) Act
2010 .
"commencement of the ACL" means 1 January 2011.
On and from the commencement of item 2 of Schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 of the Commonwealth, a reference in any Act or instrument (other than this Schedule) to the Trade Practices Act 1974 of the Commonwealth is to be read as a reference to the Competition and Consumer Act 2010 of the Commonwealth.
(1) Any question that was referred to the Products Safety Committee under section 28 before its amendment by the amending Act, and in respect of which a report or recommendation had not been made by the Committee before that amendment, may continue to be dealt with by the Committee as if it were a question referred under that section as so amended.
(2) A renumbering of any provision by the amending Act does not affect the establishment of any advisory council or the membership of any advisory council or any other matter relating to an advisory council.
(1) An interim order made under section 30 before its repeal and re-enactment by the amending Act, and still in force immediately before that repeal, is taken to be an interim ban made under section 109 of the ACL.
(2) A reference in section 111 (1) (a) of the ACL to the start day is taken, in relation to an interim order referred to in subclause (1), to be a reference to the day on which the order was published in the Gazette or, if the order was not published in the Gazette, the day on which it was given to the supplier concerned.
(3) Any order made under section 31, and in force immediately before the repeal of that section by the amending Act, is revoked on that repeal.
(1) Subject to the other provisions of this Part and the regulations, this Act, as in force before the commencement of the ACL, continues to apply to:(a) acts or omissions that occurred before that commencement, and(b) direct commerce contracts (within the meaning of Division 3 of Part 4 before its repeal by the amending Act) entered into before that commencement, and(c) other contracts entered into before that commencement, and(d) a lay-by (within the meaning of section 60E before its repeal by the amending Act) entered into before that commencement.
(2) Section 101 of the ACL does not apply in relation to services to the extent that they were supplied before the commencement of the ACL.
(3) The reference in section 224 (2) (c) of the ACL to proceedings under Chapter 4 or Part 5-2 includes a reference to proceedings commenced before the commencement of the ACL:(a) under or in relation to Part VC or VI of the Trade Practices Act 1974 of the Commonwealth, or(b) under Part 6 of this Act.
(1) Part 2-3 of the ACL applies to a contract entered into on or after the commencement of the ACL.
(2) Except as provided by subclauses (3)-(5), Part 2-3 of the ACL does not apply to a contract entered into before the commencement of the ACL.
(3) If a contract is renewed on or after the commencement of the ACL, Part 2-3 of the ACL applies to the contract as renewed, on and from the day ( "the renewal day") on which the renewal takes effect, in relation to conduct that occurs on or after the renewal day.
(4) If a term of the contract is varied on or after the commencement of the ACL and subclause (3) has not already applied in relation to the contract, Part 2-3 applies to the term as varied, on and from the day ( "the variation day") on which the variation takes effect, in relation to conduct that occurs on or after the variation day.
(5) If subclause (4) applies to a term of a contract, sections 23 (2) and 27 of the ACL apply to the contract.
(1) Despite the repeal of section 38 by the amending Act, the regulations made under that section, and in force immediately before that repeal, continue in force and may be amended and repealed as if that section also continued in force.
(2) Despite the repeal of section 39 by the amending Act, that section as in force before its repeal is taken to continue in force in relation to a product information standard prescribed by regulations referred to in subclause (1).