New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 24)
In this Schedule:
"the continued lease" means the lease granted to the former manager under
section 4 of the Cumberland Oval Act 1981 and in force at the commencement of
clause 2.
"the former manager" means the Sydney Cricket and Sports Ground Trust
constituted by the Sydney Cricket and Sports Ground Act 1978 .
(1) The Trust shall be treated as the lessor under the continued lease on and from the day on which section 14 commences and until the lease is terminated under this clause.
(2) The lease may be terminated by the Minister by a notification published in the Gazette.
(3) Any such notification shall specify the last day on which the lease has effect.
(4) On termination of the lease, the former manager is entitled to compensation, but only such compensation as is determined in accordance with this clause.
(5) The Minister must not terminate the lease until the Minister:(a) after considering the recommendation of the committee constituted as referred to in subclause (6), has determined the compensation to be paid by the Trust to the former manager for the termination of the lease, and(b) is satisfied that arrangements have been made for the payment of that compensation to the former manager.
(6) The compensation committee shall consist of:(a) the Chairman of the Sydney Cricket and Sports Ground Trust, and(b) the Chairperson of the Parramatta Stadium Trust, and(c) an officer of the Department of Sport, Recreation and Racing nominated by the Minister.
(7) Section 4A of the Cumberland Oval Act 1981 (as in force immediately before the repeal of that Act) continues to have effect in relation to the lease and the former manager until the lease is terminated under this clause.
Despite its objects and principal functions, the Trust shall not, until the continued lease is terminated, exercise any of its functions inconsistently with the functions under the lease of the former manager.
(1) From the time when the continued lease ceases to have effect, any contract, agreement or undertaking entered into with the former manager in connection with its occupation of the trust land and in force immediately before that time shall be treated as a contract, agreement or undertaking entered into with the Trust.
(2) This clause does not affect the determination of compensation under clause 2.
(1) In this clause:
"employee of the former manager" means a person who, at the time the continued lease ceases to have effect, was employed by the former manager (otherwise than on a temporary or casual basis) and whose principal place of work at that time was the trust land.
"superannuation scheme" means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under any Act.
(2) Every employee of the former manager shall, at the time when the continued lease ceases to have effect, become an employee of the Trust on the same terms and conditions (including terms and conditions as to remuneration and duration of appointment) as those on which he or she was employed immediately before that time.
(3) An employee of the former manager:(a) shall retain any rights accrued or accruing to him or her as such an employee, and(b) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before becoming an employee of the Trust, and(c) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,as if he or she had continued to be an employee of the former manager during his or her service as an employee of the Trust.
(4) Service as an employee of the Trust shall be regarded as service as an employee of the former manager for the purposes of any law under which those rights accrued or were accruing, under which he or she continues to contribute or by which that entitlement is conferred.
(5) A person who becomes an employee of the Trust because of the operation of subclause (2) shall be regarded as an employee of the former manager, and the Trust shall be regarded as the employer, for the purposes of the superannuation scheme to which he or she is entitled to contribute under this clause.
(6) If an employee of the former manager would, but for this subclause, be entitled under subclause (3) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme:(a) he or she is not so entitled on becoming a contributor to any other superannuation scheme, and(b) the provisions of subclause (5) cease to apply to or in respect of him or her and the Trust in any case where he or she becomes a contributor to any such other superannuation scheme.
(7) Subclause (6) does not prevent the payment to an employee of the former manager (on his or her ceasing to be a contributor to a superannuation scheme) of such amount as would have been payable to him or her if he or she had ceased, because of resignation, to be such a contributor.
(8) An employee of the former manager is not, in respect of the same period of service, entitled to dual benefits of the same kind through the operation of this clause.
(1) The Governor may make regulations which contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) Any such 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 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.