New South Wales Consolidated Acts

UNCOLLECTED GOODS ACT 1995 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 40)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than its date of 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 the enactment of this Act

2 Definitions

In this Part--

"appointed day" means the day appointed under section 2 for the commencement of this Act.

"repealed Act" means the Disposal of Uncollected Goods Act 1966 .

3 Act extends to existing bailments

This Act extends to bailments in existence on the appointed day, except as otherwise provided by this Schedule.

4 Disposal of uncollected goods without court order

(1) Part 2 of the repealed Act continues to apply to goods in respect of which the bailee had, before the appointed day, given notice of intention to sell the goods in accordance with section 6 (1) (c) of that Act.

(2) Sections 29 and 30 of this Act apply to goods sold pursuant to Part 2 of the repealed Act (as continued by subclause (1)) as if those goods had been sold pursuant to Part 3 of this Act.

(3) Any records kept under section 7 of the repealed Act are taken to be records kept under section 30 of this Act.

5 Disputes

Section 6 (4) of the repealed Act continues to apply to an application for an order under that subsection that had been made, but not determined, before the appointed day.

6 Disposal of goods with court order

(1) Part 3 of the repealed Act continues to apply to goods in respect of which an application under section 12 of that Act had been made, but not determined, before the appointed day.

(2) Sections 14 and 15 of this Act apply to goods sold pursuant to Part 3 of the repealed Act (as continued by subclause (1)) as if those goods had been sold pursuant to Part 2 of this Act.

(3) Any records kept under section 13 of the repealed Act are taken to be records kept under section 15 of this Act.

7 Minimum period for disposal by certain commercial bailees

Section 32 of this Act does not apply to uncollected goods of a kind to which that section applies if the goods were bailed before the day on which that section was applied to goods of that kind.

8 Purchasers acquire good title etc

Sections 34 and 35 of this Act apply to goods disposed of under the repealed Act (whether by virtue of this Schedule or otherwise) as if those goods had been disposed of under this Act.