New South Wales Consolidated Acts

LICENSING AND REGISTRATION (UNIFORM PROCEDURES) ACT 2002 - SCHEDULE 5

SCHEDULE 5 – Savings, transitional and other provisions

(Section 82)

Part 1 - Provisions consequent on enactment of this Act

1 Definitions

In this Part:
"amended licensing legislation" means any Act or statutory rule referred to in Part 1 of Schedule 4, as that Act or statutory rule is amended by this Act.
"amended registration legislation" means any Act or statutory rule referred to in Part 2 or 3 of Schedule 4, as that Act or statutory rule is amended by this Act.
"application" has the same meaning as it has in Part 2, 3 or 4, as the case requires.
"electronic communication" has the same meaning as it has in the Electronic Transactions Act 2000 .
"licence" and "licensing authority" have the same meanings as they have in Part 2.
"registration" and "registration authority" have the same meanings as they have in Part 3 or 4.
"unamended licensing legislation" means any Act or statutory rule referred to in Part 1 of Schedule 4, as that Act or statutory rule is in force immediately before it is amended by this Act.
"unamended registration legislation" means any Act or statutory rule referred to in Part 2 or 3 of Schedule 4, as that Act or statutory rule is in force immediately before it is amended by this Act.

2 Pending applications

Any application made under the unamended licensing legislation or unamended registration legislation that has not been determined when that legislation is amended by this Act is to be determined in accordance with that legislation as if this Act had not been enacted.

3 Current licences and registration

Any licence or registration:

(a) that was in force under the unamended licensing legislation or unamended registration legislation when that legislation is amended by this Act, or

(b) that is granted under the unamended licensing legislation or unamended registration legislation as referred to in clause 2,

4 Transitional suspension of requirements as to signature

(1) Subject to clause 2, any provision of the unamended licensing legislation or the unamended registration legislation that requires an application to be signed does not have effect with respect to an application that is made by means of electronic communication.

(2) Such an application must instead be authenticated as required by the relevant licensing or registration authority.

5 Transitional suspension of requirements as to verification of information

(1) Subject to clause 2, any provision of the unamended licensing legislation or the unamended registration legislation:

(a) that requires information contained in an application to be verified by statutory declaration, or

(b) that requires information provided in connection with an application to be verified by statutory declaration,

does not have effect with respect to an application, whether made in writing or by means of electronic communication.

(2) For the avoidance of doubt, it is declared that section 307A of the Crimes Act 1900 , as amended by this Act, extends to any statement made in connection with an application referred to in subclause (1).

6 Transitional suspension of requirements as to the provision of documentary or other evidence

(1) Subject to clause 2, any provision of the unamended licensing legislation or the unamended registration legislation that requires an application to be accompanied by documentary or other evidence of any matter does not have effect with respect to an application that is made by means of electronic communication.

(2) Nothing in this clause prevents the relevant licensing or registration authority from requiring the provision of such documentary or other evidence pursuant to section 14, 43 or 70, as the case requires, as if that section were in force with respect to the application concerned.

7 Disclosures in relation to offences

Any requirement to disclose information concerning any conviction or finding of guilt that is imposed on an applicant under section 14, 43 or 70 extends to any conviction or finding of guilt that occurred before the commencement of this Act.

8 Savings and transitional regulations

(1) The regulations under any Act amended by Schedule 4 may contain provisions of a savings or transitional nature consequent on the enactment this Act.

(2) Such a 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 such a 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 that 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 that publication.