New South Wales Consolidated Acts

SHERIFF ACT 2005 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 17 (3))

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts-

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.

Part 2 - Provisions consequent on enactment of this Act

2 Definition

In this Part-

"the former Act" means the Sheriff Act 1900 , as in force immediately before its repeal by this Act.

3 Sheriff and sheriff’s officers

(1) The person holding office as Sheriff immediately before the commencement of this Act does not cease to hold office simply because of the enactment of this Act.

(2) Any person holding office as a sheriff’s officer immediately before the commencement of this Act does not cease to hold office simply because of the enactment of this Act.

4 Sureties under former Act

Any bond, recognisance or surety that, immediately before the commencement of this Act, was in force under section 4 of the former Act continues to have effect and may be enforced accordingly.

5 Service of process under former Act

The repeal of the former Act does not invalidate the service of any judgment, order, pleading, affidavit, notice or other document that was served in accordance with section 8A of that Act before the commencement of this Act.

7 References to former Act

In any Act or instrument, a reference to the former Act extends to this Act.

Part 3 - Provision consequent on enactment of Business Names (Commonwealth Powers) Act 2011

8 Continuation of existing consents under section 12

Any consent in force under section 12 immediately before the commencement of Schedule 3.19 to the Business Names (Commonwealth Powers) Act 2011 continues in force until such time as it is revoked under that section (as amended).