New South Wales Repealed Acts

This legislation has been repealed.

ADOPTION OF CHILDREN ACT 1965 - SECT 5

5 Savings

(1) Notwithstanding the repeal of the former Acts:

(a) an order for adoption made under the former Acts and in force at the commencement of this Act continues in force,

(b) an application for an order for adoption under the former Acts that was pending immediately before the commencement of this Act may be continued and dealt with under the provisions of the former Acts as if this Act had not been passed, but an adoption order made in pursuance of this paragraph shall have effect as if made under this Act.

(2) A consent in writing to the adoption of a child given by a person before the commencement of this Act in accordance with the former Acts shall, for the purposes of proceedings under this Act for the adoption of the child, be deemed to be a sufficient consent of the person giving the consent.

(3) Where a consent referred to in subsection (2):

(a) is not a consent to the adoption of the child by a specified person or by specified persons, the consent shall, for the purposes of this Act, be deemed to be a general consent,

(b) is a consent to the adoption of the child by a specified person or by specified persons, that person or those persons shall, for the purposes of this Act, be deemed to be a relative, or relatives, as the case may be, of the child.

(4) Subject to subsection (5), the provisions of sections 35 and 36 (subsection (4) of section 36 excepted) apply, as from the commencement of this Act, in relation to an adoption order made under the former Acts as if this Act had been in force when the order was made and the order had been made under this Act upon its commencement.

(5) In relation to:

(a) a disposition of property by will or otherwise by a person who, or by persons any of whom, died before the commencement of this Act, or

(b) a devolution of property upon the intestacy of any person who died before the commencement of this Act,

an adoption order referred to in subsection (4) has the same effect as if the former Acts had continued in operation.

(6) Notwithstanding any other provision of this Act, where:

(a) a will made by any person before the commencement of this subsection conferred on any person a special power of appointment in respect of any property, the objects of that power being the issue, immediate or remote, or the children, of any specified person,

(b) that special power of appointment was or is not exercised before the general power of appointment referred to in paragraphs (c) and (d) is exercised,

(c) that will also conferred on any person a general power of appointment in respect of that property, and

(d) that general power of appointment has been, before that commencement, or is, after that commencement, exercised exclusively in favour of any issue, immediate or remote (including any person or persons who was or were adopted by that specified person under the former Acts) or children (including any such adopted person or persons) of that specified person,

that general power shall, for all purposes, be deemed to be a special power in favour of the issue, immediate or remote, or the children, as the case may be, of that specified person to the extent to which the disposition of that property had not, by virtue of that general power of appointment, taken effect in possession before that commencement.