New South Wales Consolidated Acts

IMPOUNDING ACT 1993 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 55)

1 Regulations

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

Impounding Act 1993

Impounding Amendment Act 1996

(2) A provision referred to in subclause (1) 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 a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:

(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 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 Definitions

In this Schedule:
"commencement day" means the day section 52 (Repeals) commences.
"impound" includes seize, remove, tow away and take possession or custody of.
"repealed law" means a law repealed by section 52.

3 Continuation of public pounds established under repealed laws

Any public pound in existence under a repealed law immediately before the commencement day is taken to be a public pound established under this Act by the impounding authority responsible for it.

3A Continuation of pounds operated by rural lands protection board

Any pound in existence under the Rural Lands Protection Act 1989 immediately before the commencement of this clause is taken to be a public pound established under this Act by the rural lands protection board responsible for it.

4 Items impounded under a repealed law

(1) A repealed law continues to apply to and in respect of the impounding of an item that occurred before the commencement day, as if this Act had not been enacted.

(2) In particular:

(a) the item impounded is to be released from custody or sold or otherwise disposed of in accordance with the repealed law, and

(b) any proceeds of sale of the item (whether the sale was before, on or after the commencement day) are to be dealt with in accordance with the repealed law, and

(c) a complaint to a justice in respect of the impounding may be made and dealt with in accordance with the repealed law.

5 Records kept under repealed law

Records kept under a repealed law in respect of a public pound must, despite the repeal of the law, be kept by the impounding authority responsible for the pound for at least 6 years after the date of the last entry in the record. Such a record is taken to have been made under this Act.

6 References to repealed laws

A reference in another Act, in an instrument under an Act or in any instrument of any other kind to a repealed law or a provision of a repealed law is to be read as a reference to this Act or to the corresponding provisions (if any) of this Act, as appropriate.

7 Application of Impounding Amendment Act 1996

A provision of this Act as in force before its amendment by the Impounding Amendment Act 1996 continues to apply to the impounding of an article or animal that occurred before the commencement of that amendment.