New South Wales Consolidated Acts

LIBRARY ACT 1939 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 17)

1 Savings and transitional provisions consequent on enactment of Library (Amendment) Act 1975

(1) A reference, in any other Act, in any instrument made under any Act or in any document of any kind:

(a) to The Trustees of the Public Library of New South Wales, the Library Board of New South Wales or the Council of the Library of New South Wales is to be read as a reference to the Council, and

(b) to the Principal Librarian of the Public Library of New South Wales is to be read as a reference to the State Librarian, and

(c) to the Public Library of New South Wales or the Library of New South Wales is to be read as a reference to the State Library.

(2) Officers and employees appointed or employed under the Library of New South Wales Act 1969 , are taken to have been appointed or employed under this Act, as amended by the amending Act, and the repeal of the Library of New South Wales Act 1969 does not affect any rights, privileges or entitlements accrued or accruing to those officers or employees under any other Act, award or industrial agreement.

(3) On and from 1 July 1975 (the date of commencement of this clause):

(a) subject to subclause (4), all real and personal property, all right and interest in that property and all management and control of that property that, immediately before that date, was vested in or belonged to either of the former bodies is to vest in and belong to the Council, and

(b) all money and liquidated and unliquidated claims that, immediately before that date, were payable to or recoverable by either of the former bodies is to be payable to or recoverable by the Council, and

(c) all proceedings commenced before that date by either of the former bodies and pending immediately before that date are taken to be proceedings pending on that date by the Council and all proceedings so commenced by any person against either of the former bodies and pending immediately before that date are taken to be proceedings pending on that date by that person against the Council, and

(d) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, either of the former bodies and in force immediately before that date are taken to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the Council, and

(e) the Council may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this subclause and for the prosecution of proceedings so referred to as either of the former bodies might have done but for the enactment of the amending Act, and

(f) the Council may enforce and realise any security or charge existing immediately before that date in favour of either of the former bodies and may exercise any powers conferred on either of the former bodies by the security or charge as if the security or charge were a security or charge in favour of the Council, and

(g) all debts, money and claims, liquidated and unliquidated, that, immediately before that date, were due or payable by, or recoverable against, either of the former bodies are to be debts due by, money payable by and claims recoverable against, the Council, and

(h) all liquidated and unliquidated claims for which either of the former bodies would, but for the enactment of the amending Act, have been liable are to be liquidated and unliquidated claims for which the Council is to be liable.

(4) All property vested in or belonging to the Council by the operation of subclause (3) (a) is to be held by the Council subject to any conditions on which it was held immediately before 1 July 1975.

(5) No attornment to the Council by a lessee from either of the former bodies is to be required.

(6) All acts, matters and things done or omitted by, or done or suffered in relation to, either of the former bodies before the commencement of this clause, being acts, matters and things not referred to in subclause (3), on and from that commencement, have the same force and effect as if they had been done or omitted by, or done or suffered in relation to, the Council.

(7) This clause is taken to have commenced on 1 July 1975 (the date of commencement of the amending Act).

(8) Subclauses (1)-(6) re-enact (with minor modifications) sections 7-9 of the amending Act. Subclauses (1)-(6) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

(9) In this clause:
"amending Act" means the Library (Amendment) Act 1975 .
"former bodies" means The Council of the Library of New South Wales and the Library Board of New South Wales.

2 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2009

The amendment to clause 3 (1) of Schedule 1 made by the Statute Law (Miscellaneous Provisions) Act 2009 does not affect the term of office that a person holds as a member of the Council immediately before the amendment took effect.