Commercial Arbitration (Consequential Amendments) Act 2011
An Act to amend certain legislation consequent on the enactment of the Commercial Arbitration Act 2011
[Royal Assent 16 June 2011]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Commercial Arbitration (Consequential Amendments) Act 2011 . 2CommencementThis Act commences on a day to be proclaimed. 3Effect of certain consequential amendmentsThe amendment by this Act of a provision of any regulations, rules or by-laws made under any Act does not prevent that provision or any other provision of those regulations, rules or by-laws from being amended or rescinded by any subsequent regulations, rules or by-laws. 4Repeal of ActThis Act is repealed on the ninetieth day from the day on which it commences. 5Consequential amendmentsThe legislation specified in Schedule 1 is amended as specified in that Schedule. Schedule 1Consequential AmendmentsSection 5
1. Section 16(1)(a)(i) is amended by omitting "arbitrator under the Commercial Arbitration Act 1986 " and substituting "arbitral tribunal under the Commercial Arbitration Act 2011 ". 1. Section 13 is amended as follows: (a) by omitting from subsection (6)(b) " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 "; (b) by omitting from subsection (7) " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 1. Clause 34(1) of Schedule 1 is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 1. Section 26 is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 2. Section 35 is amended by omitting "arbitrators by the Commercial Arbitration Act 1986 " and substituting "arbitral tribunals by the Commercial Arbitration Act 2011 ". 1. Section 23(4) is amended as follows: (a) by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 "; (b) by omitting "submission" and substituting "request for the dispute to be referred to arbitration". 2. Section 29(3) is amended as follows: (a) by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 "; (b) by omitting "submission" and substituting "request for the dispute to be referred to arbitration". 3. Section 31(4) is amended as follows: (a) by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 "; (b) by omitting "submission" and substituting "request for the dispute to be referred to arbitration". 1. Section 2(2)(c) is amended as follows: (a) by omitting "submission" and substituting "request for a dispute to be referred"; (b) by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 1. Section 3(1) is amended by omitting " Commercial Arbitration Act 1986 " from the definition of arbitration and substituting " Commercial Arbitration Act 2011 ". 2. Section 26A is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 1. Section 3(1) is amended by omitting "an arbitrator under the Commercial Arbitration Act 1986 " from the definition of arbitrator and substituting "an arbitral tribunal under the Commercial Arbitration Act 2011 ". 2. Section 42(1)(b) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 3. Section 83(3)(c) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 1. Section 33 is amended by omitting the definition of arbitrator and substituting the following definition: arbitrator means an arbitral tribunal within the meaning of the Commercial Arbitration Act 2011 and includes a person nominated by the Forest Practices Tribunal for the purpose of arbitrating disputes under this Part; 2. Section 40(3) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 3. Section 42(3) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 , in accordance with that Act". 4. Section 43(1)(b) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 1. Section 21(7)(b) is amended by omitting "arbitrator in accordance with the Commercial Arbitration Act 1986 " and substituting "arbitral tribunal, within the meaning of the Commercial Arbitration Act 2011 , in accordance with that Act". 2. Section 25 is amended as follows: (a) by omitting from subsection (3) "arbitrator in accordance with the Commercial Arbitration Act 1986 " and substituting "arbitral tribunal, within the meaning of the Commercial Arbitration Act 2011 , in accordance with that Act"; (b) by omitting from subsection (4) " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 1. Section 26(1) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 2. Section 27(4) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 1. Section 47(2) is amended as follows: (a) by omitting "submission" and substituting "the dispute to be referred"; (b) by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 1. Section 32(1) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 1. Section 69(2) is amended as follows: (a) by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 "; (b) by omitting "to submit the matter to it for arbitration" and substituting "that the matter be referred to it for arbitration". 1. Section 22(2) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 2. Section 89(2) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 3. Section 116(3) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 4. Section 118 is amended as follows: (a) by omitting from subsection (1) " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 "; (b) by omitting from subsection (2)(b) "arbitrator" and substituting "arbitral tribunal". 5. Section 178(4) is amended as follows: (a) by omitting from paragraph (b) "arbitrator" and substituting "arbitral tribunal"; (b) by omitting from paragraph (c) " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". 6. Section 280F(4) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ". [Second reading presentation speech made in:
House of Assembly on 16 NOVEMBER 2010
Legislative Council on 26 MAY 2011]