New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 58)
In this Schedule, "old board" means the Rural Assistance Board as constituted in accordance with the Rural Assistance Act 1932 immediately before the commencement of Part 2 of this Act.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Actthe Miscellaneous Acts (Rural Assistance Authority) Repeal and Amendment Act 1989the Rural Assistance Amendment (Board Membership) Act 1996
(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect on 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.
For the purpose only of enabling the Rural Assistance Authority Board to be constituted in accordance with this Act on or after (but not before) the commencement of Part 2 of this Act, appointments may be made under this Act and any other act, matter or thing may be done before that day as if the whole of this Act commenced on the date of assent, but so that no appointment as a member of the Board as so constituted takes effect before that day.
In any other Act, or in any instrument made under any Act or in any other document of any kind, a reference to (or required immediately before the commencement of this clause to be read as a reference to):
(a) the Rural Assistance Board shall be read as a reference to the Authority, or
(b) the Rural Industries Agency, the Advances to Settlers Agency or the Rural Assistance Agency of the State Bank shall be read as a reference to the Authority, or
(c) the Director, Deputy Director or Assistant Director of the old board shall be read as a reference to the Chief Executive.
The New South Wales Rural Assistance Authority constituted under this Act is a continuation of, and the same legal entity as, the old board.
(1) A person who, immediately before the repeal of the Rural Assistance Act 1932 , held office as a member of the old board:(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as a member of the Board.
(2) A person who so ceases to hold office as a member of the old board is not entitled to any remuneration or compensation because of the loss of that office.
(1) A person who, immediately before the repeal of the Rural Assistance Act 1932 , was the Director, the Deputy Director or an Assistant Director of the old board and who ceases to hold that office because of the operation of this Act is, if the person is not appointed as Chief Executive with effect on and from that repeal, entitled to an engagement in the public sector, or compensation, in accordance with Part 8 of the Public Sector Management Act 1988 as if removed from office under that Part.
(2) For the purposes of this clause and Part 8 of the Public Sector Management Act 1988 , the State Bank is a public authority established by or under an Act.
(1) Any contract or arrangement or security entered into or taken by the old board under the Rural Assistance Act 1932 or any other Act, or entered into or taken under any scheme (whether or not established by an Act) administered by the old board, and in force immediately before the repeal of the Rural Assistance Act 1932 shall continue in force and have full effect as if that Act had not been repealed.
(2) Any rights, property or interest of any farmer or other person arising out of assistance that was granted or administered by the old board before the repeal of the Rural Assistance Act 1932 is not affected by that repeal or the enactment of this Act.
(3) An application for assistance made under the Rural Assistance Act 1932 , and not determined before the repeal of that Act, shall be taken to have been made to the Authority under this Act.
(4) A grant of assistance approved by the old board under the Rural Assistance Act 1932 but not granted before the repeal of that Act shall be granted by the Authority and the provisions of this Act shall apply to that grant.
(5) Without limiting the generality of subclause (2), the rights, property and interest of any farmer or other person arising out of payments under the following Acts or any other prescribed Act are not affected by the repeal of the Rural Assistance Act 1932 or the enactment of this Act:(a) Wheat Growers Relief Act 1933 of the Commonwealth,(b) Wheat Growers Relief Act 1934 (No 2) , and Wheat Bounty Act 1934 , of the Commonwealth,(c) Fruitgrowers Relief Act 1933 , and Financial Relief Act 1934 , of the Commonwealth,(d) Mandarin Growers Relief Act 1934 of the Commonwealth,(e) Wheat Growers Relief Act 1936 of the Commonwealth,(f) States Grants (Drought Relief) Act 1940 of the Commonwealth,(g) Cereal Growers Drought Relief Act 1944 .
A composition or scheme of arrangement entered into, or a direction given by the old board, under section 34EA of the Rural Assistance Act 1932 and in force immediately before the repeal of that Act shall continue in force as if that section had not been repealed and that section shall continue to apply to any such composition or scheme of arrangement or direction as if it had not been repealed.
A waiver, a direction or any other action taken by the old board under section 34G of the Rural Assistance Act 1932 or by the State Bank under section 34GG of that Act and in force immediately before the repeal of that Act shall be taken to have been made, given or done under this Act.
A protection order made under section 34N of the Rural Assistance Act 1932 and in force immediately before the repeal of that Act shall be taken to have been made under this Act and shall continue in force until such time as it expires or is removed under this Act.
An instrument made under section 34AM of the Rural Assistance Act 1932 and in force immediately before the repeal of that Act shall be taken to be an order made under section 25 of this Act and shall continue in force until such time as it is revoked or otherwise ceases to have effect.
(1) On and from the commencement of this clause, the following provisions have effect:(a) any money payable to the State Bank arising form an advance made, or from any agreement or other arrangement entered into, by the Bank:(i) under the Rural Assistance Act 1932 or under Division 2, 3 or 5 of Part 4 of the State Bank Act 1981 , or(ii) in exercising any other prescribed function,is payable to the Authority and any security or charge given to or entered into with the Bank in respect of such an advance or any such agreement or arrangement, shall be taken to have been given to or entered into with the Authority,(b) any liquidated claim that, immediately before that commencement, was enforceable by or against the State Bank in respect of the exercise of the Bank’s functions under the Rural Assistance Act 1932 or Division 2, 3 or 5 of Part 4 of the State Bank Act 1981 or the exercise of any other prescribed function is enforceable by and against the Authority,(c) any proceeding pending immediately before that commencement at the suit of or against the State Bank in respect of the Bank’s functions under the Rural Assistance Act 1932 or Division 2, 3 or 5 of Part 4 of the State Bank Act 1981 or any other prescribed function is a proceeding pending at the suit of or against the Authority,(d) any act, matter or thing done or omitted to be done before that commencement by, to or in respect of the State Bank in respect of the exercise of the Bank’s functions under the Rural Assistance Act 1932 or Division 2, 3 or 5 of Part 4 of the State Bank Act 1981 or the exercise of any other prescribed function shall (to the extent that that act, matter or thing has any force or effect) be taken to have been done or omitted by, to or in respect of the Authority.
(2) Any rights, property or interest of any farmer or other person arising out of assistance given by the State Bank under the Rural Assistance Act 1932 or Division 2, 3, 4 or 5 of Part 4 of the State Bank Act 1981 or in the exercise of any other prescribed function of the Bank is not affected by the repeal of those provisions or the enactment of this Act.
(1) An application for assistance under Division 2, 3 or 5 of Part 4 of the State Bank Act 1981 that is not determined before the repeal of those Divisions shall be taken to have been made to the Authority under this Act.
(2) An advance under Division 2, 3 or 5 of Part 4 of the State Bank Act 1981 that was approved but not paid before the repeal of those Divisions shall be paid by the Authority and the provisions of this Act shall apply to that advance.
On the commencement of Part 4 of this Act, the State Bank shall transfer to the Rural Assistance Authority Fund all money held by the Bank in respect of the Rural Industries Agency, the Advances to Settlers Agency or the Rural Assistance Agency of the Bank.
(1) Any advance made or taken to have been made before the commencement of this clause by the State Bank under Part 4A of the Soil Conservation Act 1938 or under the Farm Water Supplies Act 1946 shall be taken to have been made by the Authority and any money payable to or by the Bank in respect of any such advance is payable to or by the Authority in accordance with this Act.
(2) A deed of charge made before the commencement of this clause under Part 4A of the Soil Conservation Act 1938 or section 12 of the Farm Water Supplies Act 1946 shall be taken to have been made between the Authority and the owner of the land or the Authority, the Minister and the owner of the land, as the case requires, and is enforceable by the Authority.
(3) An application made to the Bank before the commencement of this clause for an advance under Part 4A of the Soil Conservation Act 1938 or under the Farm Water Supplies Act 1946 and not determined before that commencement shall be treated as if it had been made to the Authority.
Land vested in the State Bank pursuant to section 66 of the State Bank Act 1981 immediately before the commencement of this clause as a result of a mortgage, charge or lien arising out of the exercise of the Bank’s functions under Division 2, 3 or 5 of Part 4 of that Act, shall be taken to be vested in the Authority and the Authority shall, in respect of any such land, have the powers of the Bank under that section and section 67 of that Act.
(1) This clause applies to an officer of the Authority employed not later than 12 months after the commencement of this clause and who, immediately before being so employed, was an employee of the State Bank or State Bank of New South Wales Limited.
(2) Subject to the terms of the officer’s appointment, the officer:(a) shall retain any rights accrued or accruing to him or her as an employee of the State Bank or State Bank of New South Wales Limited, and(b) shall be subject to the same conditions of employment, and(c) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being appointed as an officer of the Authority, and(d) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,as if the person had continued to be such an employee during his or her service as an officer of the Authority.
(3) Service as an officer of the Authority shall be regarded as service as an officer or employee for the purposes of any law under which any such rights accrued or were accruing, under which he or she continues to contribute to any such superannuation scheme or by which any such entitlement is conferred.
(4) The officer shall be regarded as an officer or employee, and the Authority 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.
(5) If the officer would, but for this subclause, be entitled under subclause (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme:(a) he or she shall not be so entitled on becoming (whether on appointment as an officer of the Authority or at any later time while such an officer) a contributor to any other superannuation scheme, and(b) the provisions of subclause (4) cease to apply to or in respect of him or her and the Authority in any case where he or she becomes a contributor to any such other superannuation scheme.
(6) Subclause (5) does not prevent the payment to the officer (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, by reason of resignation, to be an officer or employee for the purposes of the scheme.
The amendments made to section 9 by the Rural Assistance Amendment (Board Membership) Act 1996 do not affect the continuity of office of the members of the Board holding office immediately before the commencement of those amendments.