New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"repealed Act" means the Conveyancers Licensing Act 1995 .
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActConveyancers Licensing Amendment Act 2006any other Act that amends this Act
(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.
(1) A person who was the holder of a licence under a provision of the repealed Act immediately before its repeal is taken to be the holder of a licence under this Act.
(2) The licence--(a) is taken to have been issued subject to the same conditions to which it was subject under the repealed Act, and(b) remains in force for the remainder of the period for which it was issued.
(1) The repealed Act continues to apply as if it had not been repealed to and in respect of an application for the issue, renewal or restoration of a licence under a provision of the repealed Act that was pending immediately before its repeal.
(2) A licence issued or renewed under a provision of the repealed Act pursuant to subclause (1) is taken to have been issued or renewed immediately before the repeal of the provision.
A partnership approved under section 19 of the repealed Act is taken to have been approved under section 27 of this Act.
(1) A review pending under section 14 of the repealed Act immediately before its repeal is to continue and be determined as if the repealed Act had not been repealed.
(2) For the purposes of the operation of this Schedule, the determination of the review is to have effect as if the review was made immediately before the repeal of section 14.
(1) Any proceeding pending under Part 10 of the Legal Profession Act 1987 (as applying under Part 6 of the repealed Act immediately before its repeal) is to continue and be determined as if the repealed Act had not been repealed.
(2) For the purposes of the operation of this Schedule, the determination of the proceeding is to have effect as if the proceeding was taken immediately before the repeal of Part 6.
Any records kept under or for the purposes of a provision of the repealed Act are taken to be kept under or for the purposes of the corresponding provision of this Act.
(1) In this clause--
"prior defalcation" means a failure to account within the meaning of Part 4 of the repealed Act where the act or omission from which the failure to account arose occurred before the repeal of the repealed Act.
(2) The repealed Act continues to apply to and in respect of a prior defalcation as if the repealed Act had not been repealed.
(1) Any amount payable to or from the Compensation Fund under the repealed Act immediately before the commencement of this clause is payable instead to or from the Compensation Fund under this Act.
(2) Contributions made to the Compensation Fund under the repealed Act are taken to have been made to the Compensation Fund under this Act.
(3) Any payment under the repealed Act out of the Compensation Fund in settlement in whole or in part of a claim under the repealed Act is, for the purposes of this Act, taken to be a payment made out of the Compensation Fund under this Act in settlement in whole or in part of the claim concerned as if it were a claim under this Act.
The Director-General is taken to have approved of a licensee carrying on, or advertising or holding out that the licensee carries on, business as a licensee under a name for the purposes of this Act if, immediately before the commencement of this clause, the licensee carried on business as a licensee under that name in compliance with regulations made under section 17 of the repealed Act.
A reference in this Act to a licence cancelled under this Act includes a reference to a licence cancelled under the repealed Act.
The repealed Act continues to apply to and in respect of a receiver whose appointment under the repealed Act is in force immediately before the commencement of this clause as if the repealed Act had not been repealed.
Unless the context otherwise indicates or requires, a provision of this Act extends to any act or omission occurring before the commencement of the provision.
Anything done by the Director-General or a licensee under or for the purposes of a provision of the repealed Act is, to the extent that the thing done has effect immediately before the repeal of the provision, taken to have been done under or for the purposes of the corresponding provision of this Act.
For the purposes of section 161 (Disclosure of information) of this Act, information obtained in connection with the administration or execution of the repealed Act is taken to have been obtained in connection with the administration or execution of this Act.
In this Part--
"amending Act" means the Conveyancers Licensing Amendment Act 2006 .
(1) Subject to the regulations, Part 5, as amended by the amending Act, extends to money received by a licensee, before the relevant commencement date, that was received for or on behalf of another person in connection with the licensee's conveyancing business and is still held for or on behalf of that person at the relevant commencement date.
(2) In this clause,
"the relevant commencement date" means the date of commencement of the amending Act, or of Part 5 of this Act, whichever is the later.
The amendments made to section 10 of this Act (Disqualified persons) by the amending Act do not apply in respect of any licence issued before the commencement of the amending Act (including a licence referred to in clause 3).
The declaration of a provision of Part 8 of this Act as a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act extends to a provision of that Part as amended by the Statute Law (Miscellaneous Provisions) Act 2008 .
In
this Part--
"amendment Act" means the Better Regulation and Customer Service Legislation
Amendment (Bushfire Relief) Act 2020 .
"relevant period" means the period--
(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of the amendment Act.
(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because--(a) the person was suffering financial hardship, or(b) special circumstances existed.
(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.
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.