South Australian Numbered Acts

COMMERCIAL ARBITRATION ACT 2011 (NO 32 OF 2011) - SCHEDULE 1

Schedule 1—Related amendments and transitional provisions

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Commercial Arbitration and Industrial Referral Agreements Act 1986

2—Amendment of long title

Long title—delete "arbitration" and substitute:

resolution

3—Amendment of section 1—Short title

Section 1—delete " Commercial Arbitration and "

4—Repeal of sections 3 to 56

Sections 3 to 56 (inclusive)—delete the sections

5—Redesignation of section 57

Section 57—redesignate the section as section 4

6—Amendment, redesignation and relocation of Schedule 1 clauses 1 and 2

        (1)         Schedule 1—delete "Schedule" wherever occurring and substitute in each case:

Act

        (2)         Schedule 1—delete "clause" wherever occurring and substitute in each case:

section

        (3)         Schedule 1—delete "subclause" wherever occurring and substitute in each case:

subsection

        (4)         Schedule 1, clause 1(2)—delete subclause (2)

        (5)         Schedule 1, clauses 1 and 2—redesignate the clauses (as amended by this clause) as sections 2 and 3 respectively and relocate them so that they follow section 1

7—Repeal of Part and Schedule headings

Act—delete each Part heading and Schedule heading

Part 3—Savings, transitional and other provisions

8—Savings and transitional provisions

        (1)         Subject to subclause (2)—

            (a)         this Act applies to an arbitration agreement (whether made before or after the commencement of this Act) and to an arbitration under such an agreement; and

            (b)         a reference in an arbitration agreement to the Commercial Arbitration and Industrial Referral Agreements Act 1986 , or a provision of that Act, is to be construed as a reference to this Act or to the corresponding provision (if any) of this Act.

        (2)         If an arbitration was commenced before the commencement of this Act, the law governing the arbitration and the arbitration agreement is to be that which would have been applicable if this Act had not been enacted.

        (3)         For the purposes of this clause, an arbitration is taken to have been commenced if—

            (a)         a dispute to which the relevant arbitration agreement applies has arisen; and

            (b)         the arbitral tribunal has been properly constituted.

9—Other provisions

        (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 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.