COURTS LEGISLATION AMENDMENT ACT 2005 - SCHEDULE 1

This legislation has been repealed.

COURTS LEGISLATION AMENDMENT ACT 2005 - SCHEDULE 1

SCHEDULE 1 – Amendment of Administrative Decisions Tribunal Act 1997 No 76

(Section 3)

[1] Schedule 2 Composition and functions of Divisions

Omit clause 1 (3) (a) of Part 3B. Insert instead:

(a) at least 1 member who is a current, retired or acting judge of any court of this State or of the Commonwealth, another State or a Territory or who is a Deputy President,

[2] Schedule 5 Savings and transitional provisions

Insert at the end of clause 1 (1):

Courts Legislation Amendment Act 2005 , to the extent that it amends this Act

[3] Schedule 5, Part 9

Insert after Part 8:

Part 9 - Provisions consequent on enactment of Courts Legislation Amendment Act 2005

40 Constitution of Retail Leases Division of Tribunal

(1) The constitution of the Tribunal before the relevant day, for the purposes of exercising its functions under the Retail Leases Act 1994 in relation to unconscionable conduct claims, by any of the following members, and the assignment of any such member to the Retail Leases Division of the Tribunal, is validated:

(a) a member who would have satisfied the requirements of clause 1 (3) (a) of Part 3B of Schedule 2, if the amendments made by the amending Act had been in force at the time of the assignment,

(b) a member who, at the time of the assignment, had substantial experience or qualifications in commercial law.

(2) Anything done or omitted to be done before the relevant day by the Tribunal as so constituted, that would have been validly done or omitted if the Tribunal had been properly constituted, is also validated.

(3) In this clause:

"amending Act" means the Courts Legislation Amendment Act 2005 .

"relevant day" means the date of commencement of Schedule 1 to the amending Act.