New South Wales Consolidated Acts

SPORTING INJURIES INSURANCE ACT 1978 - SCHEDULE 5

SCHEDULE 5 – Savings and transitional provisions

(Section 37)

Part 1 - Preliminary

1 Regulations

(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of the following:

WorkCover Legislation Amendment Act 1997

Miscellaneous Acts Amendment (Relationships) Act 2002 to the extent that it amends this Act

Workers Compensation Legislation Amendment Act 2004 to the extent that it 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 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.

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2 References to superseded terms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]-[8] or [10] 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.