New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 18)
In this Schedule, "repealed Act" means the Public Notaries Act 1985 .
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of:this ActLegal Profession Amendment Act 2005
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned 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.
A person who was a public notary under the repealed Act immediately before its repeal by this Act is taken:
(a) to be a public notary appointed under this Act, and
(b) to have satisfied the requirements of this Act for appointment as a public notary.
(1) An application for appointment of a person as a public notary that is pending immediately before the repeal of the repealed Act is to be dealt with under that Act as if that Act had continued in force and had not been repealed.
(2) Clause 3 applies to a person appointed as a public notary pursuant to this clause in the same way as it applies to a public notary to whom that clause applies.
The Roll of Notaries maintained under the repealed Act immediately before its repeal by this Act is taken for all purposes to be the roll of public notaries required to be established and maintained under section 7 of this Act.
A reference in any other Act or law or in any instrument made under an Act or law to a notary public or public notary is, in so far as it relates to the performance of notarial work in the State, to be read as a reference to a person whose name is on the roll.
A reference in any Act (other than this Act), in any instrument made under an Act or in any document to the Public Notaries Act 1985 is to be read:
(a) as a reference to this Act, unless it relates to a matter that continues to be dealt with by the repealed Act, or
(b) if it relates to such a matter-as a reference to the repealed Act.
(1) If anything done or commenced under a provision of the repealed Act before the repeal of that provision and still having effect or not completed immediately before that repeal could have been done or commenced under this Act if this Act had been in force when the thing was done or commenced:(a) the thing continues to have effect, or(b) the thing commenced may be completed.
(2) This clause is subject to any express provision of this Act on the matter.
(1) This clause applies to conduct that occurred or is alleged to have occurred before the commencement of this clause and that could have been the subject of a complaint under Part 10 of the Legal Profession Act 1987 as applied by section 14 of this Act.
(2) A complaint about the conduct may be made, and dealt with, under this Act and the Legal Profession Act 2004 , even if the conduct could not be the subject of a complaint if it had occurred after the commencement of this clause.
(3) Chapter 4 of the Legal Profession Act 2004 , and any other relevant provisions of that Act, apply to and in respect of such a complaint and any proceedings relating to it, and so apply with any necessary adaptations.
(4) However, the Legal Services Commissioner, the Bar Council, the Law Society Council or the Administrative Decisions Tribunal may not make any determination or order of a disciplinary nature against the person in respect of whom the complaint was made that is more onerous than that which could have been made under the Legal Profession Act 1987 .