New South Wales Consolidated Acts

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COMMUNITY GAMING ACT 2018 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision--
(a) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date, and
(b) has effect despite anything to the contrary in this Schedule.
(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 anything 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 Definitions

In this Part--

"former legislation" means the Lotteries and Art Unions Act 1901 and the Lotteries and Art Unions Regulation 2014 .

3 General savings

(1) Any act, matter or thing done or omitted to be done under a provision of the former legislation and having any force or effect immediately before the commencement of a provision of this Act or a regulation under this Act that replaces that provision is, on that commencement, taken to have been done or omitted to be done under the provision of this Act or the regulation.
(2) This clause does not apply--
(a) to the extent to which its application is inconsistent with any other provision of this Schedule or a provision of a regulation made under this Schedule, or
(b) to the extent that its application would be inappropriate in a particular case.

4 Existing gaming activities

(1) A gaming activity permitted under the former legislation and not concluded before the commencement of section 10 is taken to be a permitted gaming activity for the purposes of this Act.
(2) Despite subclause (1), the regulations may provide that a gaming activity taken to be permitted under this clause is not permitted.

5 Existing permits

(1) A permit in force under the former legislation immediately before the commencement of section 11 is taken to be an authority granted under this Act.
(2) The permit continues in force for the term (if any) specified under the former legislation and subject to any conditions to which it was subject immediately before that commencement.
(3) Nothing in this clause prevents the permit from being cancelled or suspended in accordance with this Act and the regulations or the conditions of the permit from being varied or revoked in accordance with this Act and the regulations.

Part 3 - Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020

6 Definitions

In this Part--

"relevant period" means the period--

(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of this Act.

"repealed Act" means the Lotteries and Art Unions Act 1901 .

"repealed regulation" means a regulation in force under the repealed Act.

7 Power to waive, reduce, postpone or refund fees applies to events before commencement

(1) To remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to--
(a) a person who was suffering financial hardship--
(i) during the relevant period, or
(ii) because of events that happened during the relevant period, or
(b) special circumstances--
(i) that existed during the relevant period, or
(ii) that exist because of events that happened during the relevant period.
(2) Also to remove any doubt, the power to waive, reduce, postpone or refund fees under subclause (1) extends to a fee payable or paid under the repealed Act or repealed regulations.



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