New South Wales Consolidated Acts New South Wales Consolidated Acts
(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 on the NSW legislation website, 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.
(4) The provisions of this Schedule are subject to the regulations.
In this Part:
"former administration Act" means the Greyhound and Harness Racing
Administration Act 2004 .
"former Authority" means the Greyhound and Harness Racing Regulatory Authority
constituted by the former administration Act.
"former HRNSW Act" means the Harness Racing Act 2002 .
HRNSW is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, HRNSW constituted under the former HRNSW Act.
(1) Despite section 6 of this Act, HRNSW is taken to be duly constituted under that section by the members of HRNSW holding office under section 8 of the former HRNSW Act immediately before the repeal of section 8 of that Act.
(2) Subclause (1) has effect:(a) until the expiration of the term of office of those members or until the date on which the first appointment of members of HRNSW in accordance with section 6 of this Act takes effect, whichever occurs first, and(b) despite the vacation of office of any such member in accordance with Schedule 1.
(3) The person holding office as Chairperson of HRNSW immediately before the repeal of section 8 of the former HRNSW Act is taken to have been elected to that office in accordance with Schedule 1.
(1) The person employed under section 11 of the former HRNSW Act to the office of chief executive officer and holding that office immediately before the repeal of that section is taken to have been employed in that office under section 13 of this Act. Until other provision is duly made, that employment is taken to be on the same terms and conditions as applied to the employment under section 11 of the former HRNSW Act.
(2) Any person employed under section 12 of the former HRNSW Act as a member of staff of HRNSW and holding that position immediately before the repeal of that section is taken to have been employed in that position under section 14 of this Act. Until other provision is duly made, that employment is taken to be on the same terms and conditions as applied to the employment under section 12 of the former HRNSW Act.
Any delegation made under section 56 of the former HRNSW Act is taken to have been made under section 42 of this Act.
Regulations may be made under clause 1 that require a reference 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 HRNSW.
(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) The Minister may, by order in writing, transfer to HRNSW such of the assets, rights and liabilities of the former Authority as are specified or referred to in the order.
(3) An order under this clause takes effect on the date specified in the order.
(4) An order under subclause (2) may be made on such terms and conditions as are specified in the order.
(5) On and from the date on which any asset, right or liability is transferred by subclause (2), 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.
(6) 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.
(7) No attornment to HRNSW by a lessee of the former Authority is required.
(1) Until 1 August 2009, HRNSW:(a) must notify Authority employees whenever it intends to fill a position in the staff of HRNSW, and(b) must give the notified employees a reasonable opportunity to apply for the position.
(2) An Authority employee who:(a) applies for a position to be filled as referred to in subclause (1), and(b) at the time of making the application is performing substantially the same duties for the former Authority as are required to be performed in the position to be filled or, if at that time the former Authority has been dissolved, was performing substantially those same duties for the former Authority immediately before its dissolution,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 an Authority employee who is appointed to a position in the staff of HRNSW in accordance with this clause is not to be terminated within the period of 24 months after the commencement of the employment on the ground of redundancy arising from the operation of this Act.
(4) An Authority employee who is appointed to a position in the staff of HRNSW in accordance with this clause:(a) is, subject to paragraphs (b) and (c), to be employed by HRNSW during the period referred to in subclause (3) at the same salary that the employee received immediately before ceasing to be an employee of the former Authority, and(b) if the employee is employed by HRNSW on 1 July 2009, is entitled to a 4% increase in the employee’s salary at that date, and(c) if the employee is employed by HRNSW on 1 July 2010, is entitled to a further 4% increase in the employee’s salary at that date.
(5) Subclause (4) is subject to any agreement relating to salary between HRNSW and the Authority employee concerned.
(6) An Authority employee who is appointed to a position in the staff of HRNSW in accordance with this clause is, on commencing employment in that position, entitled to be paid compensation by HRNSW calculated in accordance with Schedule 1 to the Employment Protection Regulation 2001 (as in force at the commencement of this clause) as if the compensation payment were a severance payment referred to in that Schedule. No other payment or benefit is payable to the Authority employee merely because he or she ceases to be a member of staff of the former Authority.
(7) If HRNSW is unable to fill a position in accordance with subclause (2) within a reasonable time after the position was notified to Authority employees, nothing in this clause prevents HRNSW from filling the position in any other way.
(8) In this clause, "Authority employee" means a person who was a member of staff of the former Authority before its dissolution.
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 administration Act in respect of harness racing before the dissolution of the former Authority is, after that dissolution, taken to have been done under the relevant provisions of this Act by HRNSW.
(1) On and from the repeal of the former HRNSW Act, a reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the former HRNSW Act is to be read as a reference to this Act.
(2) On and from the repeal of the former administration Act, a reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the former administration Act is to be read as a reference to this Act to the extent that it relates to harness racing.
(1) On the repeal of Part 5 of the former HRNSW Act, the Harness Racing Industry Participants Advisory Committee is dissolved.
(2) No remuneration or compensation is payable to any member of that Committee as a result of its dissolution.
On the repeal of section 16 of the former administration Act, the rules made under that section and in force immediately before that repeal are taken to have been made under this Act by HRNSW and may be amended and repealed accordingly.
On the repeal of Part 3 of the former administration Act, any registration granted by the former Authority in relation to harness racing under that Act and in force immediately before that repeal is taken to have been granted by HRNSW under this Act.
The Harness Racing Benevolent Fund established under section 52 of the former Act is taken to have been established under section 39 of this Act.