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SPORTING INJURIES INSURANCE ACT 1978 - SCHEDULE 5

SPORTING INJURIES INSURANCE ACT 1978 - SCHEDULE 5

SCHEDULE 5 – Savings and transitional provisions

(Section 37)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) A provision of a regulation authorised by this clause may, if the regulations so provide, take effect from the date of assent to the Act concerned or from 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 on the NSW legislation website, 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.

1A Effect of GST

(1) Without limiting clause 1, the regulations may contain provisions of a savings or transitional nature that may be necessary or convenient as a consequence of the enactment of the Acts of the Commonwealth that impose, or relate to the imposition of, goods and services tax.
(2) If the regulations so provide, a provision referred to in subclause (1) has effect despite any other provision of this Act.
(3) A regulation made pursuant to this clause, unless sooner revoked or otherwise ceasing to have effect, ceases to have effect on 1 July 2003.
(4) A regulation made pursuant to this clause may not be made or published after 1 July 2003.

Part 2 - WorkCover Legislation Amendment Act 1997

2 References to superseded terms

In any other Act, in any instrument made under another Act, in any instrument made under this Act and in force on the commencement of this clause, and in an instrument of any other kind:

(a) a reference to a registered player under this Act is to be read as a reference to a registered participant under this Act, and
(b) a reference to an enrolled player under this Act is to be read as a reference to an enrolled student participant under this Act.

3 Increase in benefits

An amendment made by Schedule 2 [2[#93]-[8[#93] or [10[#93] of the WorkCover Legislation Amendment Act 1997 does not apply to or in respect of an injury arising out of an authorised activity, or any death as a consequence of such an injury, if the activity took place before the commencement of the amendment.

Part 3 - Provisions consequent on the enactment of Miscellaneous Acts Amendment (Relationships) Act 2002

4 Operation of amendments

An amendment made to this Act by the Miscellaneous Acts Amendment (Relationships) Act 2002 does not apply in respect of the death of a person that occurred before the commencement of the amendment.

Part 4 - Provisions consequent on enactment of Workers Compensation Legislation Amendment Act 2004

5 Assessment of permanent loss

Section 24 (5A) extends to an injury received before the commencement of that subsection, but not so as to affect any assessment of permanent loss for the purposes of section 24 made before the commencement of that subsection.

Part 5 - Provisions consequent on enactment of Safety, Return to Work and Support Board Act 2012

6 Abolition of Sporting Injuries Committee

(1) On the commencement of this clause:
(a) the Sporting Injuries Committee constituted under this Act as in force immediately before that commencement is abolished, and
(b) each person appointed as a member of the Sporting Injuries Committee ceases to hold office as such a member, and
(c) any assets, rights and liabilities of the Sporting Injuries Committee become the assets, rights and liabilities of the WorkCover Authority, and
(d) a reference to the Sporting Injuries Committee in any other Act, in any instrument made under any other Act or in any document is to be read as a reference to the WorkCover Authority.
(2) A person who ceases to hold office as a member of the Sporting Injuries Committee is not entitled to any remuneration or compensation because of the loss of that office.
(3) In this clause:


"assets" means any legal or equitable estate or interest (whether present or future and 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.


"liabilities" means all liabilities, debts and obligations (whether present or future and whether vested or contingent and whether personal or assignable).


"rights" means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent and whether personal or assignable).