New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 58)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a saving or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later day.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, 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 any thing done or omitted to be done before the date of its publication.

(4) Without limiting subclauses (1) and (2), regulations made for the purposes of this clause may amend this Schedule to provide for additional or different savings and transitional provisions instead of including the provisions in the regulations.

Part 2 - Provisions consequent on enactment of this Act

2 Certain organisations taken to hold authorities

(1) An organisation which, immediately before the repeal of the Charitable Collections Act 1934 , was registered under that Act as a charity or was exempt from registration under that Act is taken to be the holder of an authority authorising the organisation to conduct any number of fundraising appeals.

(2) Section 19, and the other provisions of this Act, apply to an authority created by the operation of subclause (1).

(3) Subclause (1) ceases to apply to an organisation--

(a) when its authority is revoked under this Act, or

(b) when it alters its constitution in so far as its constitution relates to its charitable objects, or

(c) at the end of a period of 2 years commencing on the repeal of the Charitable Collections Act 1934 ,

whichever happens first.

Part 3 - Provisions consequent on enactment of Charitable Fundraising Amendment (Inquiries) Act 2017

3 RSL inquiry reconstituted as public inquiry

(1) This clause applies in relation to the inquiry under Part 3 of this Act (the
"RSL inquiry" ) into the following persons and organisations for which the Minister appointed the Honourable Patricia Anne Bergin SC on 15 May 2017 (the
"existing authorised inspector" ) as the authorised inspector--

(a) The Returned and Services League of Australia (New South Wales Branch) ("RSL NSW"), including but not limited to the members of the governing body and officers of RSL NSW,

(b) the RSL Welfare and Benevolent Institution (also known as "RSL DefenceCare") and its trustees (collectively, "WBI"), including but not limited to the members of the governing body and officers of WBI,

(c) RSL Life Care Limited ("LifeCare"), including but not limited to the members of the governing body and officers of LifeCare.

(2) The existing authorised inspector is taken, on and from the commencement of the amending Act, to have been appointed under section 41C (as inserted by the amending Act) to be a public inquirer for the RSL inquiry. As a result, section 41C (2) and (3) apply to the appointment as if the appointment had been duly made by the Minister under that section.

(3) In this clause--

"amending Act" means the Charitable Fundraising Amendment (Inquiries) Act 2017 .