New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 22)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act 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.
The New South Wales Science and Technology Council, constituted under the Science and Technology Council Act 1979 , is dissolved. In this Part that body is referred to as the "former Council".
A person who, immediately before the dissolution of the former Council, held office as a member of that Council:
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation because of the loss of that office.
(1) The assets, rights and liabilities of the former Council are transferred to the Council.
(2) On the transfer, the following provisions have effect:(a) the assets of the former Council vest in the Council by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the rights and liabilities of the former Council become by virtue of this clause the rights and liabilities of the Council,(c) all proceedings commenced before the transfer by or against the former Council and pending immediately before the transfer are taken to be proceedings pending by or against the Council,(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Council is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Council.
(3) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
(4) The operation of this clause is not to be regarded as an event of default under any contract or other instrument.
(5) No attornment to the Council by a lessee from the former Council is required.
(6) In this clause:
"asset" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
"instrument" means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
"liabilities" means any liabilities, debts or obligations (whether present or future and whether vested or contingent).
"rights" means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).
Stamp duty is not chargeable in respect of:
(a) a transfer of assets, rights or liabilities by operation of clause 4, or
(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or registration of an interest in land).
A reference in any Act, in any instrument made under any Act or in any document of any kind to the New South Wales Science and Technology Council is taken to be a reference to the Innovation Council.
In this Part:
"amending Act" means the Statute Law (Miscellaneous Provisions) Act 2009 .
(1) A person who, immediately before the commencement of the amendments to section 6 made by the amending Act, held office as a member of the Council is taken to have been appointed as such under section 6 as amended by the amending Act.
(2) A person who, immediately before the commencement of the amendments to section 6 made by the amending Act, held office as Chairperson or Deputy Chairperson of the Council is taken to have been appointed as such under section 6 as amended by the amending Act.
(3) Subject to this Act, each person referred to in subclause (1) or (2) holds the relevant office for the residue of the term for which he or she was appointed to that office under section 6 as in force immediately before its amendment by the amending Act.