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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix A: Draft Anti-Discrimination Bill 1999 - Schedule 1
Report 92 (1999) - Review of the Anti-Discrimination Act 1977 (NSW)
Appendix A: Draft Anti-Discrimination Bill 1999 - Schedule 1
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of any of the following Acts:
this Act
Crimes Amendment (Serious Vilification) Act 1999
(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.
2 Definitions
In this Schedule:
former Board means the Anti-Discrimination Board established by section 71 of the former Act.
3 Vesting of undertaking of former Board in the new Board
(1) On the dissolution of the former Board, the following provisions have effect:
(a) the assets of the former Board vest in the Board constituted by this Act by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,
(b) the rights or liabilities of the former Board become by virtue of this clause the rights and liabilities of the Board constituted by this Act,
(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the former Board and pending immediately before the transfer are taken to be proceedings pending by or against the Board constituted by this Act,
(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Board 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 Board constituted by this Act.
(2) 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.
(3) The operation of this clause is not to be regarded as an event of default under any contract or other instrument.
(4) No attornment to the transferee by a lessee from the former Board is required.
(5) No compensation is payable to any person or body in connection with a transfer.
(6) Subclause (5) does not affect the rights of any member of staff who is the subject of a transfer.
(7) In this clause:
assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent).
rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).
4 Board members to continue in office
(1) An appointed member of the former Board who was in office immediately before the commencement of Chapter 10 is taken to have been appointed as a member of the Board constituted by this Act on that commencement for the balance of his or her term of appointment to the former Board, subject to the terms and conditions of that appointment, but may resign or be removed from office by the Governor.
(2) The person who held office as President of the former Board immediately before the commencement of Chapter 10 is taken to have been appointed President of the Board constituted by this Act on that commencement for the balance of his or her term of appointment as President of the former Board, subject to the terms and conditions of that appointment, but may resign or be removed by the Governor.
5 Dealing with complaints already lodged
(1) This clause applies to a complaint lodged under section 88 of the former Act that was not finally disposed of immediately before the commencement of Chapter 9 (an existing complaint).
(2) An existing complaint is to be dealt with under the former Act as if the former Act had not been repealed.
(3) A proceeding in relation to an existing complaint that is awaiting hearing by the Tribunal at the commencement of this clause, or that is referred to the Tribunal after the commencement of this clause, is to be heard by the Tribunal under the former Act as if the former Act had not been repealed.
(4) If:
(a) the Tribunal has begun hearing a proceeding in relation to an existing complaint but has not made a final order in that proceeding, or
(b) the Tribunal has made a final order in a proceeding relating to an existing complaint but, on appeal, the matter is referred back to the Tribunal for a rehearing,
the proceeding or matter is to continue to be heard, or to be reheard, by the Tribunal under the former Act as if the former Act had not been repealed.
6 Dealing with new complaints
(1) A complaint may be lodged with the President in respect of an alleged contravention of the former Act that occurred before the commencement of this clause.
(2) If the alleged contravention would have been a contravention of this Act had this Act been in force at the time of the alleged contravention, the complaint may be dealt with under this Act as if this Act had been in force at the relevant time.
7 Current investigations and inquiries
Any matter that is under investigation by the President under section 89 of the former Act must continue to be dealt with according to the former Act, as if the former Act had not been repealed.
8 Temporary exemptions continue
An exemption granted under the former Act that is in force immediately before the commencement of this Act continues in force in accordance with its terms until it expires, but may be sooner revoked by the person and in the manner applicable under the former Act.
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