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LOTTERIES AND ART UNIONS ACT 1901 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 24)

Part 1 - General

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings and transitional nature consequent on the enactment of the following Acts:
Lotteries and Art Unions (Amendment) Act 1994
Lotteries and Art Unions Amendment Act 2003
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect on or from the date of assent to the Act concerned or a later day.
(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 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 any thing done or omitted to be done before the date of its publication.

Part 1A - Provision consequent on enactment of Lotteries and Art Unions (Amendment) Act 1984

1A Transitional provision

(1) Section 6, as amended by the amending Act, does not apply to or in respect of any voluntary association formed before 1 August 1984.
(2) Sections 6, 6A, 7, 8 and 9 (as in force before the commencement of the amending Act) continue to apply to and in respect of such an association despite the repeal of those sections by the amending Act.
(3) This clause is taken to have commenced on 13 June 1984 (the date of assent to the amending Act).
(4) Subclauses (1) and (2) re-enact (with minor modifications) section 6 of the amending Act. Subclauses (1) and (2) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
(5) In this clause:
"amending Act" means the Lotteries and Art Unions (Amendment) Act 1984 .

Part 2 - Provisions consequent on the enactment of the Lotteries and Art Unions (Amendment) Act 1994

2 Definitions

In this Part:
"amending Act" means the Lotteries and Art Unions (Amendment) Act 1994 .

3 Art unions-section 5

(1) A voluntary association that was deemed to be a lawful association under section 5 immediately before the commencement of Schedule 1 (15) to the amending Act is taken to be an art union within the meaning of section 5, as amended.
(2) A permit issued in respect of the association before that commencement is taken to be issued under section 6 as amended and is subject to the same conditions (if any) as those to which it was subject immediately before that commencement.

4 Proceedings for offences-section 22

Section 22, as in force immediately before the commencement of Schedule 1 (28) to the amending Act, continues to apply in relation to offences alleged to have been committed before that commencement.

5 Investigations-Part 5

The provisions of Part 5 extend to any lottery activity conducted before the commencement of that Part.

Part 3 - Provision consequent on enactment of Lotteries and Art Unions Amendment Act 2003

6 Orders under section 22A

An order of the Supreme Court made under section 22A and in force immediately before the commencement of Schedule 1 [9] to the Lotteries and Art Unions Amendment Act 2003 continues in force after that commencement as if section 22A had not been substituted.

Part 4 - Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2005

7 Validation

Anything done in relation to a tipping competition before the commencement of the amendment to section 4F by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act 2005 that would have been validly done had that amendment been in force at the time the thing was done is validated.



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