New South Wales Consolidated Acts

SALE OF GOODS ACT 1923 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 65)

Part 1 - Provisions consequent on enactment of Sale of Goods (Amendment) Act 1988

1 Definition

In this Part,
"amending Act" means the Sale of Goods (Amendment) Act 1988 .

2 Operation of amendments

(1) Subject to this clause, the amendments made by the amending Act apply to contracts made after, but not before, 1 April 1989 (the date of commencement of the amending Act).

(2) The amendments made by Schedule 1 (1) (b) and (2) to the amending Act also apply to contracts made before 1 April 1989, but not so as to affect cases that were finally litigated or settled before that date.

(3) The fact of the enactment of section 4 (2A) and section 38 (2) of this Act, and of this clause, is to be treated as affecting neither:

(a) the rights of the parties to a contract made before 1 April 1989, nor

(b) the construction of this Act in its application to such a contract.

(4) This clause is taken to have commenced on 1 April 1989.

(5) Subclauses (1)-(3) re-enact (with minor modification) section 4 of the amending Act. Subclauses (1)-(3) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.