STATE RECORDS ACT 1998 - SCHEDULE 3
STATE RECORDS ACT 1998 - SCHEDULE 3
SCHEDULE 3 – Savings and transitional provisions
Part 1 - Savings and transitional regulations
1A 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) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(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.
Part 2 - Provisions consequent on enactment of this Act
1 Definitions
In
this Schedule--
"Archives Office" means the Archives Office and its branches established under
the repealed Act.
"former Authority" means the Authority constituted by the repealed Act.
"new Authority" means the Authority constituted by this Act.
"repealed Act" means the Archives Act 1960 .
2 New Authority is continuation of former Authority
The new Authority is a continuation of and the same legal entity as the former Authority.
3 Actions of the former Authority and Archives Office
Anything done by or on behalf of the former Authority or the Archives Office that had any force or effect immediately before the repeal of the repealed Act is taken to have been done by or on behalf of the new Authority.
4 Archives deposited in Archives Office
The public archives deposited and preserved under the repealed Act as State archives in the Archives Office are transferred to the control of the new Authority and become State archives for the purposes of this Act.
5 Arrangements with public offices to keep records
Any agreement, understanding or other arrangement in force immediately before the commencement of this clause between the Archives Office or the former Authority and any person under which the person has possession or custody of a State record that the new Authority is entitled to control of under this Act continues to have effect as an agreement, understanding or other arrangement between the new Authority and that person.
6 Arrangements for custody, control or care of records
Any agreement, understanding or other arrangement in force immediately before the commencement of this clause whereby the former Authority or the Archives Office has possession, custody, control or care of any records (whether or not they are archives referred to in clause 4) continues to have effect as an agreement, understanding or other arrangement with the new Authority. Possession, custody, control or care (as appropriate) of the records concerned accordingly passes to the new Authority.
7 Public access to current archives
The State records transferred to the control of the new Authority by clause 4 are taken to be the subject of access directions under Part 6 (Public access to State records after 30 years) of this Act, as follows--
(a) all the records so transferred are taken to be the subject of an OPA direction, except those to which paragraph (b) applies, and
(b) the records that were, immediately before the repeal of the repealed Act, the subject of a notice under section 14 (6) (a) (ii) of that Act are taken to be the subject of CPA directions given on that repeal and expressed to remain in force for 5 years from that repeal.
8 Current members of the Authority
(1) The persons who are the members of the former Authority immediately before the repeal of the repealed Act are taken to have been appointed as the members of the Board of the new Authority (
"the initial members" ) for a term that equals the unexpired term of their appointment as members of the former Authority, as specified in their instruments of appointment as members.
(2) It does not matter that as a result of this clause the initial membership of the Board does not satisfy the requirements of section 69.
(3) When the office of an initial member of the Board becomes vacant (whether because of the completion of a term of office or otherwise), the appointment of a person to fill the vacancy is to be made on the basis that it is an appointment to the category of member that the Minister determines is the category that most closely approximates the category and qualifications of the member whose office becomes vacant.
(4) For the purposes of this clause, section 4 (4) (a) of the repealed Act is taken to have provided at all relevant times that the members of the former Authority hold office for such period not exceeding 3 years as is specified in their instruments of appointment as members.
9 Current Chairperson
The person who was the Chairperson of the former Authority immediately before the repeal of the repealed Act is taken to have been appointed as Chairperson of the Board of the new Authority.
Part 3 - Provisions consequent on enactment of State Records Amendment Act 2005
11 Meaning of "amending Act"
In this Part,
"amending Act" means the State Records Amendment Act 2005 .
12 Operation of amendment concerning provision of services
The amendment of section 19 (3) by the amending Act is for the avoidance of doubt and accordingly is taken to have had effect from the commencement of section 19.
13 Application of amendment to existing applications to open records to public access
The amendment of section 54 (3) by the amending Act does not apply to an application made under section 54 before the commencement of that amendment.
14 Validation concerning corporate name of Authority
The use of the corporate name State Records NSW before the commencement of the amendment of section 63 made by the amending Act is as valid and effectual as it would have been had the amendment been in force at the time of use.
15 Limitation period for existing offences not affected
Section 78 (2), as inserted by the amending Act, does not apply in relation to an offence that was committed or is alleged to have been committed before the commencement of that subsection.
Part 4 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2016
16 Change of name of the Authority
The amendment of section 63 (1) by the Statute Law (Miscellaneous Provisions) Act (No 2) 2016 effects the alteration of the name of the Authority in terms of section 53 of the Interpretation Act 1987 and accordingly that section applies.
Part 5 - Provision consequent on repeal of Occupational Licensing National Law Repeal Act 2015 by Statute Law (Miscellaneous Provisions) Act 2018
17 Transferred provision--records of dissolved entities in custody of NSW Treasury
(1) This Act and other laws of New South Wales apply to the transferred records, and so apply as if they were the records of NSW Treasury.
(2) In this clause,
"transferred records" means the records of an entity dissolved by the Occupational Licensing National Law Repeal Act 2015 (as in force immediately before its repeal) that were transferred by the operation of section 8 of that Act to the custody of NSW Treasury.
(3) Subclause (1) re-enacts (with minor modifications) section 8 (2) of the Occupational Licensing National Law Repeal Act 2015 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
Part 6 - Provisions consequent on enactment of Museums of History NSW Act 2022
18 Definitions
In this Part--
"amending Act" means the Museums of History NSW Act 2022 .
"commencement day" means the day on which the amending Act, Schedule 3
commences, in whole or in part.
"transferred function" means a function of Museums of History NSW under this
Act, section 19, Parts 4-6 or section 76 that was a function of the Authority
before the commencement day.
19 Alteration of name of Authority
The Interpretation Act 1987 , section 53(1) applies to the alteration of the name of the Authority effected by the amendment of section 63(1) by the amending Act.
20 Alteration of constitution of Authority
The Interpretation Act 1987 , section 53(2) applies to the alteration of the constitution of the Authority effected by the amendment of section 69 by the amending Act.
21 Transfer of certain functions of Authority to Museums of History NSW
(1) On and from the commencement day--(a) all State archives, State records and other assets controlled or held by the Authority in connection with the exercise of a transferred function are transferred to the control and management of Museums of History NSW, and(b) the liabilities and rights of the Authority relating to a transferred function become the liabilities and rights of Museums of History NSW, and(c) all proceedings relating to a transferred function commenced by or against the Authority and pending before the commencement day are taken to be proceedings pending by or against Museums of History NSW, and(d) all contracts, agreements, arrangements and undertakings entered into with the Authority in connection with a transferred function and in force immediately before the commencement day are deemed to be entered into with Museums of History NSW, and(e) an act, matter or thing done or not done in connection with a transferred function by or on behalf of the Authority before the commencement day is, to the extent that the act, matter or thing has force or effect, taken to have been done or not done by or on behalf of Museums of History NSW, and(f) Museums of History NSW has the entitlements and obligations, whether actual or potential, of the Authority in relation to a transferred function.
(2) The operation of this clause is not to be regarded as--(a) a breach of contract or confidence or otherwise as a civil wrong, or(b) a breach of a contractual provision prohibiting, restricting or regulating the assignment or transfer of an asset, liability or right, or(c) an event of default under a contract or other instrument, or(d) giving rise to a remedy by a party to an instrument, or as causing or permitting the termination of an instrument, because of a change in the beneficial or legal ownership of an asset, liability or right.