New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 62)
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
(2) A provision of a regulation authorised by this clause may, if the regulations so provide, take effect as from the date of assent to the Act concerned or as from a later day.
(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.
In this Part:
"former Act" means the Greyhound Racing Authority Act 1985 .
"former Authority" means the Greyhound Racing Authority (NSW) constituted
under the former Act.
"new Authority" means the Greyhound Racing Authority constituted by section
13.
(1) The former Authority is dissolved.
(2) No remuneration or compensation is payable to any director of the former Authority as a result of its dissolution.
Regulations may be made under clause 1 that require references in any other Act, in any instrument made under another Act, or in any document of any kind, to the former Authority to be read as, or as including, a reference to GRNSW or the new Authority, or both.
(1) GRNSW may be constituted, and may select a chairperson and a chief executive officer, in accordance with the provisions of Division 1 of Part 2 even if those provisions have not commenced.
(2) However, GRNSW has no functions before the dissolution of the former Authority (other than a function under section 49 (9)).
(3) As soon as practicable after the commencement of this clause, the Minister is to call for nominations for the first membership of GRNSW.
(4) Nominations are to be in writing addressed to the Minister.
(5) The Minister may give directions generally for facilitating the constitution of the first membership of GRNSW.
(6) GRNSW is formally constituted for the purposes of this Act on a day (the constitution day) appointed by the Minister by notice published in the Gazette.Constitution day: 9.9.2002. See Gazette No 144 of 13.9.2002, p 8124.
(7) The Minister can appoint a day as the constitution day even if all the members of GRNSW have not been nominated by that day.
(8) The terms of office of the first members of GRNSW begin on the constitution day but the terms of office of those first members are extended by the period between the constitution day and the date of dissolution of the former Authority.
(1) In this clause:
"transferee", in relation to the transfer of an asset, right or liability by or under this clause, means the body to which the asset, right or liability is transferred.
"transferor", in relation to the transfer of an asset, right or liability by or under this clause, means the body from which the asset, right or liability is transferred.
(2) On the dissolution of the former Authority, the assets, rights and liabilities of the former Authority are transferred to the new Authority.
(3) The Minister may, by order in writing, transfer to GRNSW such of the assets, rights and liabilities of the new Authority that were transferred to the new Authority by subclause (2) and as are specified or referred to in the order.
(4) One or more orders may be made under subclause (3) at the same or at different times.
(5) An order under subclause (3) may be made on such terms and conditions as are specified in the order.
(6) On and from the date on which any asset, right or liability is transferred by subclause (2) or under subclause (3), the following provisions have effect with respect to the transfer:(a) the transferred asset vests in the transferee by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the transferred rights and liabilities become by virtue of this clause the rights and liabilities of the transferee,(c) all proceedings relating to the asset, right or liability commenced before the transfer day by or on behalf of, or against, the transferor and pending immediately before the transfer day are taken to be proceedings pending by or against the transferee,(d) any act, matter or thing done or omitted to be done in relation to the asset, right or liability before the transfer day by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee.
(7) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or other instrument.
(8) No attornment to the new Authority by a lessee of the former Authority is required.
(9) No attornment to GRNSW by a lessee of the former Authority or the new Authority is required.
A transfer agreement or an instrument executed only for a purpose ancillary to or consequential on the operation of this Part or the purpose of giving effect to this Part:
(a) is not chargeable with duty, and
(b) is exempt from payment of any other fee or charge that would otherwise be payable under any other Act in respect of the registration of any such instrument.
Anything done by the former Authority relating to a registration, suspension, disqualification or prohibition under the former Act before the dissolution of the former Authority is, after that dissolution, taken to have been done under the relevant provisions of this Act by whichever of GRNSW or the new Authority has that function after the dissolution.
(1) The person holding office as the Chief Executive Officer of the former Authority immediately before the commencement of this clause is taken to have been appointed under this Act to the office of Chief Executive Officer of the new Authority for the remainder of the term of office, and on the same terms and conditions, that applied to the person’s appointment as Chief Executive Officer of the former Authority.
(2) A person holding office as a steward under the former Act immediately before the commencement of this clause is taken to have been appointed to that office under this Act on the same terms and conditions that applied to the person’s appointment as steward under the former Act.
(1) On the dissolution of the former Authority, each member of staff of the former Authority is transferred to the employment of the new Authority.
(2) Each such member of staff becomes after the transfer a member of staff of the new Authority and continues (until other provision is duly made) to be employed in accordance with the awards, agreements and determinations applying, immediately before the transfer, to members of the staff of the former Authority.
(3) Neither the contract of employment nor the period of employment of each member of staff concerned is taken to have been broken by the operation of this Act for the purposes of any law, award or agreement relating to the employment of that member of staff.
(4) Without limiting this clause, this Act does not affect any accrued rights that the member of staff concerned had immediately before the transfer in relation to any kind of leave.
(5) A member of staff concerned is not entitled to receive any payment or other benefit merely because the member ceases to be an employee of the former Authority.
(6) A member of staff concerned is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.
(1) In this Division:
"LGSS" means the local government superannuation scheme.
"relevant employee" means a person who:(a) is employed by GRNSW, and(b) immediately before being so employed was an employee of the new Authority, and(c) was, at any time while being employed by the new Authority, a member of or contributor to a SAC scheme.
(2) Expressions used in this Schedule have the same meaning as in the Superannuation Administration Act 1996 .
(1) The Treasurer may by order in writing transfer a relevant employee from a SAC scheme to:(a) the LGSS, or(b) another superannuation scheme (whether or not established under an Act) that is designated by the Treasurer for the purposes of this clause by order in writing.
(2) The superannuation scheme to which a person is transferred under this clause is referred to in this Division as the new scheme and the person is referred to in this Division as a transferred person.
(3) The Treasurer is not to make such an order in respect of a person unless the person has, no later than 3 months after the date on which the person ceased to be employed by the new Authority, elected, by notice in writing given to the Trustee, to transfer to the new scheme.
(4) The Treasurer, and SAC are to take all necessary steps generally to facilitate the superannuation coverage of transferred persons by the new scheme.
(5) For that purpose, the Treasurer may enter into arrangements with the trustee of the new scheme, including arrangements for the amendment of any relevant trust deed.
(6) Section 127 of the Superannuation Administration Act 1996 does not limit or otherwise affect the operation of this clause and in particular does not prevent the transfer to the LGSS of transferred persons or the superannuation coverage of transferred persons by the LGSS.
(7) An order under this clause may be made to take effect on and from a day specified in the order, whether or not the day specified is earlier than the day of publication of the order.
(1) Regulations may be made for or with respect to the transfer of a relevant employee from a SAC scheme to the new scheme in accordance with a direction of the Treasurer under this Division.
(2) In particular, regulations may be made for or with respect to the following:(a) the transfer of assets and liabilities of a SAC scheme, in respect of a transferred person, to the new scheme,(b) the transfer of assets and liabilities within a SAC scheme, or between any such schemes, from any reserve in respect of the employer or former employer of a transferred person to the Crown’s reserve,(c) the preservation or deferral of benefits of transferred persons,(d) the entitlements, rights and obligations under the new scheme of a transferred person,(e) providing for the resolution, by a prescribed authority or person, of all disputes, or of any prescribed class of disputes, concerning the entitlements, rights and obligations of a transferred person under the new scheme.
(3) A regulation made under this clause has effect despite any provision of an Act under which a SAC scheme is constituted.
(4) A provision of a regulation made under this clause may be made to take effect on and from a day on which an order under clause 12 takes effect, whether or not that day is earlier than the day of publication of the regulation.
For the purposes of section 128A of the Superannuation Administration Act 1996 , a transferred person is taken to be an employee referred to in section 128A (3) (a) of that Act.
(1) In the period of 12 months after GRNSW is constituted, GRNSW:(a) must notify employees of the new Authority whenever it intends to fill a position in the staff of GRNSW, and(b) give such employees a reasonable opportunity to apply for the position.
(2) A person who:(a) applies for a position to be filled as referred to in subclause (1), and(b) is employed by the new Authority at the time of making the application, and(c) was transferred to that employment by the operation of clause 10, and(d) at the time of transfer was performing substantially the same duties for the former Authority as are required to be performed in the position to be filled,is to be considered for the position in preference to any other applicant for the position who is not such a person.
(3) The employment of a person referred to in subclause (2) who is appointed to a position in the staff of GRNSW in accordance with this clause is not to be terminated within the period of 12 months after the commencement of the employment on the ground of redundancy arising from the operation of this Act.
(1) The Greyhound Racing Appeals Tribunal established under the former Act is taken to have been established as the Greyhound Racing Appeals Tribunal under this Act.
(2) A person appointed as the Greyhound Racing Appeals Tribunal, or to act as that Tribunal, under the former Act and whose appointment is in force immediately before the commencement of this clause is taken to have been so appointed under this Act.
(3) A person appointed as an assessor of the Greyhound Racing Appeals Tribunal under the former Act and whose appointment is in force immediately before the commencement of this clause is taken to have been so appointed under this Act.
(1) Any appeal under the former Act that has not been finally determined at the commencement of this clause may continue to be dealt with under this Act.
(2) Despite clause 8, any decision made before the commencement of this clause by the former Authority is, for the purposes of subclause (1), taken to be a decision made by the new Authority.
(3) Nothing in this clause enables a person to appeal under this Act against a decision if the person has appealed against the decision under the former Act and the appeal has been finally determined under that Act.
(4) Any inquiry commenced under, but not finished before, the repeal of the former Act may be continued by the new Authority under the corresponding provisions of this Act.
(1) In this clause, "the agreement" means the New South Wales Greyhound Racing Industry Intracode Memorandum of Understanding made on 20 February 1998 between the former Authority, the NSW Greyhound Breeders, Owners and Trainers’ Association Limited, NSW National Coursing Association Limited, NSW Greyhound Racing Clubs Association and TAB Greyhound Racing Clubs (NSW).
(2) From the commencement of this clause, the functions of the Committee on Budgeting, Industry Development and Distribution under the agreement are to be exercised by GRNSW.
(3) This clause has effect despite any provision of the agreement.
A reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the former Act is to be read as a reference to this Act.
An account established under section 17A of the former Act is taken to have been established under section 46 (2) of this Act.
Any rules made under the former Act and in force immediately before the commencement of this clause are taken to have been made under, and in accordance with, this Act by the new Authority.
Any regulations made under the former Act and in force immediately before the commencement of this clause are taken to have been made under this Act.
The operation of this Part is subject to the regulations.