New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 34)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Public Sector Employment and Management Act 2002 , to the extent that it 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.
In
this Schedule:
"appointed day" means the day referred to in section 2 (2).
"cognate Acts" means the Government Railways (Amendment) Act 1980 and the
Transport (Amendment) Act 1980 .
"former appellate body" means an Appeals Board constituted under section 87 of
the Government Railways Act 1912 or an Appeal Board constituted under section
114 of the Transport Act 1930 as in force before the appointed day.
(1) Subject to this clause, any proceedings commenced and pending under Division 5 of Part 8 of the Government Railways Act 1912 or under Division 3 of Part 11 of the Transport Act 1930 immediately before the appointed day shall be heard and disposed of as if this Act, the Transport Authorities Act 1980 and the cognate Acts had not been enacted.
(2) Subject to this clause, proceedings may be commenced under Division 5 of Part 8 of the Government Railways Act 1912 or under Division 3 of Part 11 of the Transport Act 1930 in respect of any decision made before the appointed day, and may be heard and disposed of, as if this Act, the Transport Authorities Act 1980 and the cognate Acts had not been enacted.
(3) For the purposes of subclauses (1) and (2):(a) section 87 (1) (b) of the Government Railways Act 1912 , as in force immediately before the appointed day, shall, if an officer is not authorised under that paragraph in respect of a particular appeal as at the appointed day, be deemed, to the extent that it applies to that appeal, to have been amended by the omission of the words “railway service as the Commissioners authorise” and by the insertion instead of the words “State Rail Authority as the Authority authorises”, and(b) section 114 (1) (b) of the Transport Act 1930 , as in force immediately before the appointed day, shall, if:(i) an officer is not authorised under that paragraph in respect of a particular appeal as at the appointed day, and(ii) the appellant was, immediately before the appointed day, not an officer of the Department of Motor Transport,be deemed, to the extent that it applies to that appeal, to have been amended by the omission of the words “Commissioner for Road Transport and Tramways as the Commissioner” and by the insertion of the words “Urban Transit Authority as the Authority”.
(4) An Appeals Board under the Government Railways Act 1912 or an Appeal Board under the Transport Act 1930 may, in proceedings referred to in subclause (1) or (2), make such a determination as appears to it to be appropriate having regard to the enactment of this Act, the Transport Authorities Act 1980 and the cognate Acts.
(5) A determination of an Appeals Board or an Appeal Board, as the case may be, in proceedings referred to in subclause (1) or (2) shall be given effect to, according to its spirit and intention, by all persons and authorities having authority in relation to the subject-matter of the proceedings.
(6) Subclauses (1) and (2) do not extend to the allowing or determining of further appeals in accordance with section 93 of the Government Railways Act 1912 or section 115F of the Transport Act 1930 as in force before the appointed day.
(7) In any case where a further appeal referred to in subclause (6) was lodged before the appointed day in accordance with the provisions relating to any such appeals but was not finally dealt with as at the appointed day, that further appeal shall be dealt with as if it had been lodged after the appointed day in respect of a decision of a Board and in accordance with the provisions relating to such an appeal.
(8) In any case where a further appeal referred to in subclause (6) could have been lodged against a decision had the provisions referred to in that subclause remained in force after the appointed day, an appeal against that decision may be lodged and dealt with in accordance with section 24.
(1) The Governor may make regulations containing other provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) The provisions of clause 18 (2)-(4) of Schedule 8 to the Transport Authorities Act 1980 apply to and in respect of regulations made under this clause in the same way as they apply to and in respect of regulations made under clause 18 of that Schedule.
A person holding office as Vice-Chairman immediately before the day on which the Transport Appeal Boards (Amendment) Act 1988 commences ceases to hold office as such on that day provided that the person who ceases to hold office is entitled to such compensation for loss of remuneration as the Statutory and Other Offices Remuneration Tribunal determines.
The amendments made to this Act by the Public Sector Employment and Management Act 2002 do not apply in relation to appeals that have been made before the commencement of those amendments.