New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 24)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Thoroughbred Racing Board Amendment Act 1998Thoroughbred Racing Legislation Amendment Act 2004Racing Legislation Amendment Act 2009
(2) A provision of a regulation authorised by this clause 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 a provision of a regulation authorised by this clause takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:(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 amendment made by Schedule 2 [1] to the Thoroughbred Racing Board Amendment Act 1998 applies to decisions that the Board makes before or after the commencement of that amendment, other than those in respect of which an appeal is pending immediately before the commencement.
(1) Section 15, as in force immediately before its substitution by the Thoroughbred Racing Legislation Amendment Act 2004 , continues to apply in respect of decisions referred to in that section that were made before that substitution.
(2) The provisions of Part 3 of this Act, and the regulations made under Part 3, continue to apply in respect of an appeal made to the Tribunal before the commencement of an amendment made to those provisions by the Thoroughbred Racing Legislation Amendment Act 2004 as if the amendment had not been enacted.
(3) The amendments made to clause 1 of this Schedule by the Thoroughbred Racing Legislation Amendment Act 2004 do not affect the operation of any regulations made under that clause before the commencement of those amendments.
In this Part:
"former Act" means the Greyhound and Harness Racing Administration Act 2004 .
"former Authority" means the Greyhound and Harness Racing Regulatory Authority
constituted by the former Act.
"former Tribunal" means the Greyhound and Harness Racing Appeals Tribunal
constituted by the former Act.
(1) If proceedings were commenced but not heard by the former Tribunal before its dissolution, the proceedings are taken to have been duly commenced in the Racing Appeals Tribunal.
(2) If the former Tribunal had commenced to hear (but had not determined) a matter before its dissolution, the person or persons hearing the matter:(a) are to continue to hear the matter, and to determine the matter, sitting as the Racing Appeals Tribunal, and(b) have and may exercise, while sitting as the Racing Appeals Tribunal under this clause, all the functions that the former Tribunal had immediately before its dissolution.
(3) A reference in section 20:(a) to an appeal to the Tribunal under section 15A includes a reference to proceedings dealt with in accordance with this clause that relate to greyhound racing, and(b) to an appeal to the Tribunal under section 15B includes a reference to proceedings dealt with in accordance with this clause that relate to harness racing.
(4) This clause applies despite any contrary provision of this Act.
If an appeal was made to the former Authority under section 19 of the former Act before the repeal of that section and was not determined by that Authority before its dissolution, the appeal is taken to have been made to the Racing Appeals Tribunal under this Act and is to be determined by that Tribunal in accordance with this Act.
(1) The provisions of the Greyhound and Harness Racing Administration (Appeals) Regulation 2004 (as in force immediately before the repeal of section 19 of the former Act) are taken to apply to appeals relating to greyhound racing and harness racing dealt with by the Tribunal under this Act until regulations are made under this Act in relation to those appeals.
(2) Despite subclause (1), those provisions apply with the following modifications:(a) clause 6 of that Regulation is taken to provide for an appeal to the Tribunal in relation to a decision specified in that clause,(b) a reference to the Tribunal is taken to be a reference to the Racing Appeals Tribunal,(c) a reference to a provision of the former Act is taken to be a reference to the corresponding provision of this Act (if any),(d) such other modifications as the Tribunal considers necessary.
(3) This clause extends to proceedings referred to in clause 5.
A special inquiry that was commenced under section 24 of the former Act but was not completed before the repeal of that section is not to be continued after that repeal.
(1) An order made under the former Act by the former Tribunal, being an order having effect immediately before the dissolution of the former Tribunal, is taken to be an order made by the Racing Appeals Tribunal under the corresponding provision of this Act.
(2) Any application for an order made to the former Tribunal under the former Act and not determined before the dissolution of the former Tribunal is to continue to be dealt with as if made under this Act (but only if there is a corresponding provision of this Act under which the order could be made).
If anything done or commenced under the former Act in relation to the former Tribunal before its dissolution and still having effect or not completed immediately before that dissolution is something that could be done or commenced under this Act:
(a) the thing done continues to have effect, or
(b) the thing commenced may be completed, as if it had been done or commenced under this Act.
On the repeal of section 8A by the Racing Legislation Amendment Act 2009 , any person who immediately before that repeal held the position of assessor ceases to hold that position. No remuneration or compensation is payable to any such person as a result of the operation of this clause.