New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 16)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActState Revenue and Other Legislation Amendment (Budget Measures) Act 2006NSW Self Insurance Corporation Amendment (Home Warranty Insurance) Act 2010 , to the extent that it amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(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 NSW Self Insurance Corporation is a continuation of, and the same legal entity as, the NSW Insurance Ministerial Corporation that was constituted by the Government Insurance Office (Privatisation) Act 1991 .
Nothing in this Act affects the continuation of the NSW Treasury Managed Fund, except that the NSW Treasury Managed Fund is taken to be a Government managed fund scheme subject to this Act.
(1) This clause applies to any contract, agreement or other arrangement (a "pre-commencement arrangement") entered into by the Minister, for or on behalf of the Crown, that:(a) is entered into before the day on which section 8A of this Act (as inserted by the NSW Self Insurance Corporation Amendment (Home Warranty Insurance) Act 2010 ) commences, and(b) is in force immediately before the commencement of section 8A of this Act, and(c) is entered into for the purpose of enabling the Self Insurance Corporation to exercise its functions in relation to the provision of home warranty insurance when those functions are conferred on it by amendment to this Act.
(2) A contract, agreement or other arrangement is entered into for the purpose referred to in subclause (1) (c) if:(a) it is expressed to have been entered into for that purpose, or(b) the Minister, by order published in the Gazette, declares it to have been entered into for that purpose.
(3) On and from the transfer day:(a) the Self Insurance Corporation becomes, by virtue of this clause and without the need for any novation, a party to each pre-commencement arrangement instead of the Crown, and(b) any rights and liabilities of the Crown ( "relevant rights and liabilities") arising under, or in relation to, a pre-commencement arrangement become, by virtue of this clause, the rights and liabilities of the Self Insurance Corporation, and(c) if a pre-commencement arrangement makes provision for the appointment of a person as an agent of the Self Insurance Corporation in relation to the provision of home warranty insurance-the person becomes an insurance agent of the Self Insurance Corporation, and the arrangement becomes an insurance agency arrangement, for the purposes of this Act, and(d) all proceedings relating to a pre-commencement arrangement or any relevant rights and liabilities that are pending by or against the Minister or the Crown are taken to be proceedings pending by or against the Self Insurance Corporation, and(e) any act, matter or thing done or omitted to be done in relation to a pre-commencement arrangement or any relevant rights and liabilities by, to or in respect of the Minister or the Crown is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Self Insurance Corporation, and(f) any reference in a pre-commencement arrangement to the Minister or the Crown is, subject to the regulations, to be read as a reference to the Self Insurance Corporation.
(4) 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, or(d) as an event of default under any contract or other instrument.
(5) In this clause:
"assets" means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) 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, whether vested or contingent and whether personal or assignable).
"rights" means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
"transfer day", in relation to a pre-commencement arrangement, means:(a) if the arrangement is expressed to have been entered into for the purpose referred to in subclause (1) (c)-the day on which section 8A of this Act commences, or(b) if the arrangement becomes a pre-commencement arrangement by virtue of a declaration made by the Minister in an order published under subclause (2) (b)-on the day on which the order is published in the Gazette or such later day as may be specified in the order (being a day that is no earlier than the day on which section 8A of this Act commences).