(1) Each Imperial enactment mentioned in the First Schedule to this Act, so
far as it was in force in England on the twenty-fifth day of July, one
thousand eight hundred and twenty-eight is declared--
(a) to have been in
force in New South Wales on that day by virtue of the Imperial Act 9 George IV
Chapter 83 (The Australian Courts Act 1828) , and
(b) to have remained in
force in New South Wales from that day until the commencement of this Act,
except so far as affected by State Acts from time to time in force.
(2) Each
Imperial enactment mentioned in the First Schedule to this Act is hereby
repealed so far as it applies in New South Wales.
(3) Each provision of Part
3 of this Act is substituted for the Imperial enactment mentioned in the first
column of the First Schedule to this Act opposite the reference to that
provision in the second column of that Schedule.
(4) To the extent to which
any of the provisions of Part 3 of this Act are inconsistent with the
provisions of any State Act in force at the commencement of this Act, the
provisions of the State Act shall prevail.
(5) In construing any of the
provisions of Part 3 of this Act regard may be had to the context (if any) of
the Imperial enactment for which the provision is substituted.
(6) In any
State Act a reference to any Imperial enactment specified in the first column
of the First Schedule to this Act shall, where the case permits, and unless a
contrary intention appears, be construed as a reference to the provision of
this Act specified opposite that Imperial enactment in the second column of
that Schedule.
