Commercial Tribunal Act 1984 (NSW)
An Act to constitute the Commercial Tribunal of New South Wales and provide for the exercise of its functions.
This Act may be cited as the Commercial Tribunal Act 1984.
Sections 1 and 2 shall commence on the date of assent to this Act.
Except as provided by subsection (1), this Act shall commence on such day as may be appointed in respect thereof and as may be notified by proclamation published in the Gazette.
Schedule 1 has effect.
In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
In this Act a reference to:
(a) a function includes a reference to a power, authority and duty, and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
Notes in the text of this Act are explanatory notes only and do not form part of this Act.
There shall be a Commercial Tribunal of New South Wales which shall consist of:
(a) a person who is qualified for appointment as a Judge of the District Court and is appointed by the Governor as Chairman of the Tribunal,
(b) if the Governor approves the appointment of a Deputy Chairman or Deputy Chairmen—a person so qualified who is, or persons so qualified who are, appointed by the Governor as Deputy Chairman or, as the case may be, Deputy Chairmen, of the Tribunal, and
(c) where jurisdiction is conferred on the Tribunal by an Act—part-time members appointed by the Governor in relation to that Act as provided by section 7.
The Tribunal shall have a seal of which all courts and persons acting judicially shall take judicial notice.
(Repealed)
A person who is:
(a) a member of the Legislative Council or the Legislative Assembly, or
(b) a member of the Legislature of the Commonwealth, or of another State, or of a Territory of the Commonwealth,
is not qualified for appointment as Chairman or Deputy Chairman or as a part-time member.
The part-time members are to comprise:
(a) persons who, in the Minister’s opinion, have knowledge of, or experience in conducting, the business or other activity that is regulated by the Act in relation to which the persons are appointed, and
(b) persons who, in the Minister’s opinion, have knowledge of, or experience in dealing with, consumer issues concerning the business or other activity that is regulated by the Act in relation to which the persons are appointed.
The instrument of appointment of a part-time member shall specify:
(a) in the case of a person referred to in subsection (1) (a)—that the person is a member so referred to, or
(b) in the case of a person referred to in subsection (1) (b)—that the person is a member so referred to,
and shall, in each case, specify the Act in relation to which the member is appointed.
The same person may be appointed as a part-time member in relation to more than one Act.
A member, in the exercise of the functions of a member, the Registrar and Deputy Registrar, in the exercise of jurisdiction or functions delegated to the Registrar or Deputy Registrar under section 18 (5), have the same protection and immunity as a Judge of the District Court has in the exercise of the functions of such a Judge.
Subject to this Part, a member shall hold office for such period, not exceeding 5 years, as is specified in the instrument of appointment of the member but is eligible (if otherwise qualified) for re-appointment.
A member shall, before first sitting as a member, take an oath in the prescribed form that the member will faithfully and impartially discharge the duties of the office of a member.
Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member.
The Chairman and any Deputy Chairman are entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 and such travelling and subsistence allowances as the Minister may from time to time determine in respect of the Chairman or, as the case may require, a Deputy Chairman.
A part-time member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
A member shall be deemed to have vacated office if the member:
(a) dies,
(b) (Repealed)
(c) is unavailable for duty as a member for a period of 28 consecutive days except on leave granted, in the case of the Chairman or a Deputy Chairman, by the Minister or, in the case of a part-time member, by the Chairman before, during or after that period,
(d) is nominated for election as a member of the Legislative Council or Legislative Assembly or as a member of the legislature of the Commonwealth, another State or a Territory of the Commonwealth,
(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,
(f) becomes a mentally incapacitated person,
(g) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or upwards or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable,
(h) resigns the office of Chairman, Deputy Chairman or part-time member, as the case may be, by instrument in writing addressed to the Minister and the Governor accepts the resignation, or
(i) is removed from office under subsection (2).
The Governor may remove a member from office for incapacity, incompetence or misbehaviour.
(Repealed)
Where a vacancy in the office of a member occurs otherwise than by the expiration of the term for which the member was appointed, the Governor may fill the vacancy by appointing a person who has the same qualification for appointment as the member had when appointed and a person so appointed shall hold office as a member for the residue of the term of office of the member’s predecessor.
Where:
(a) there is a vacancy in the office of Chairman, whether or not an appointment has previously been made to the office, or
(b) the Chairman is, or is about to be, absent or for any reason is, or is about to become, unable to exercise the functions of that office,
the Minister may appoint a Deputy Chairman or, if there is no Deputy Chairman, a person who is qualified for appointment as a Judge of the District Court, to act as the Chairman until the vacancy is filled or, as the case may be, during the absence or inability.
Where:
(a) a Deputy Chairman has, or Deputy Chairmen have, been appointed and there is a vacancy in the office of Deputy Chairman, or
(b) a Deputy Chairman is, or is about to be, absent or for any reason is, or is about to become, unable to exercise the functions of that office,
the Minister may appoint a person who is qualified for appointment as a Judge of the District Court to act as a Deputy Chairman until the vacancy is filled or, as the case may be, during the absence or inability.
The appointment of an acting Chairman or acting Deputy Chairman made in anticipation of the absence or inability of the Chairman or a Deputy Chairman has effect on and from the day on which that absence or inability begins.
The appointment of an acting Chairman or acting Deputy Chairman ceases to have effect:
(a) when the vacancy in the office of Chairman or Deputy Chairman is filled or, as the case may be, the absence or inability comes to an end,
(b) when it is terminated under subsection (5), or
(c) if the acting Chairman or acting Deputy Chairman resigns office by instrument in writing addressed to the Minister and the Minister accepts the resignation.
The Minister may, at any time, terminate the appointment of an acting Chairman or acting Deputy Chairman.
While the appointment of an acting Chairman or acting Deputy Chairman continues in force, the person holding the appointment has and shall exercise the functions, and is entitled to the rights and privileges, attaching to the office of Chairman or, as the case may be, to the office of Deputy Chairman.
Where:
(a) there is a vacancy in the office of a part-time member, or
(b) a part-time member is, or is about to be, absent or for any reason is, or is about to become, unable to exercise the functions of that office,
the Minister may, subject to subsection (2), appoint a person to act as a part-time member until the vacancy is filled or, as the case may be, during the absence or inability.
A person shall not be appointed under subsection (1) unless the person has the same qualification for appointment as the member who vacated the office, or, as the case may be, the member who is absent or unable to exercise the functions of the office, was required to have when appointed as a part-time member and the instrument of appointment shall specify in relation to the person appointed the matters required to be specified under section 7 (2) in relation to a part-time member.
The appointment of an acting part-time member made in anticipation of the absence or inability of a part-time member has effect on and from the day on which that absence or inability begins.
The appointment of an acting part-time member ceases to have effect:
(a) when the vacancy in the office of the part-time member is filled or, as the case may be, the absence or inability comes to an end,
(b) when it is terminated under subsection (5), or
(c) if the acting part-time member resigns office by instrument in writing addressed to the Minister and the Minister accepts the resignation.
The Minister may, at any time, terminate the appointment of an acting part-time member.
While the appointment of an acting part-time member continues in force, the person holding the appointment has and shall exercise the functions, and is entitled to the rights and privileges, attaching to the office of a part-time member.
Schedule 2 has effect in relation to the Chairman and any Deputy Chairman.
A Registrar, a Deputy Registrar and such other staff as are necessary to enable the Tribunal to exercise its functions are to be employed under Part 2 of the Public Sector Management Act 1988.
The Registrar has the functions conferred or imposed on the Registrar by or under this or any other Act or by the Tribunal.
The Deputy Registrar has the functions conferred or imposed on the Deputy Registrar by or under this Act or by the Tribunal.
During the absence or a vacancy in the office of the Registrar, a member of staff holding office as Deputy Registrar or, if there is no such office holder, a member of staff duly appointed to act as Registrar has the functions of the Registrar and is taken to be the Registrar.
The Tribunal has such jurisdiction as is, and such functions as are, conferred on it by or under an Act.
The following Acts confer jurisdiction on the Tribunal:
• Building Services Corporation Act 1989
• Consumer Credit Administration Act 1995
• Credit Act 1984
• Credit (Finance Brokers) Act 1984
• Credit (Home Finance Contracts) Act 1984
• Fair Trading Act 1987
• Motor Dealers Act 1974
• Registration of Interests in Goods Act 1986
• Retail Leases Act 1994
• Trade Measurement Act 1989
• Trade Measurement Administration Act 1989
• Travel Agents Act 1986
The Tribunal, wherever sitting, has jurisdiction throughout New South Wales.
Without derogating from any powers conferred on the Chairman by this Act, the Chairman, while acting as Chairman, and any Deputy Chairman while presiding at a sitting of the Tribunal, have the same powers as are conferred by the District Court Act 1973 and by law, on a Judge of that Court when acting as such a Judge.
Subject to section 33, a judgment or order of the Tribunal has the same effect as, and may be enforced in the same way as, a judgment or order of the District Court.
The Chairman may, by instrument in writing, delegate to the Registrar, or the Deputy Registrar, with such limitations, and upon such conditions, as the Chairman thinks fit:
(a) the exercise of any part of the jurisdiction of the Tribunal that is exercisable by the Chairman sitting alone, and
(b) the exercise of such other functions (other than the powers conferred by sections 26 and 29 and this power of delegation) as are conferred by an Act on the Chairman,
and may, by instrument in writing, revoke any such delegation.
Notwithstanding the delegation under this section of the exercise of jurisdiction or of a function, the Chairman may continue to exercise the jurisdiction and exercise the function.
Any jurisdiction exercised or thing done by the Registrar, or the Deputy Registrar, pursuant to a delegation under this section shall be deemed to have been exercised or done by the Chairman.
Proceedings before the Tribunal shall be held as in open court except to the extent that the rules otherwise provide.
The constitution of the Tribunal for hearings is to be determined by the Chairman.
The Registrar, or the Deputy Registrar, is, subject to any directions of the Chairman, to arrange and determine the times and places at which hearings of the Tribunal are to be held.
Proceedings before the Tribunal may be heard and determined by the Chairman sitting alone or, if there is a Deputy Chairman and the Chairman so directs, by a Deputy Chairman sitting alone:
(a) where there is only one party to the proceedings and the proceedings relate to a matter which, in the opinion of the Chairman, does not, and is not likely to, involve 2 or more parties, or
(b) where there are 2 or more parties to the proceedings and both or, as the case may be, all of the parties agree to the proceedings being heard and determined by the Chairman, or a Deputy Chairman, sitting alone, or
(b1) where the proceedings relate to:
(i) a question as to the jurisdiction of the Tribunal, or
(ii) an application to amend an application or other document relating to proceedings before the Tribunal, or
(iii) an application to set aside a summons issued under section 25, or
(iv) an application to strike out proceedings before the Tribunal, or
(v) an application under section 86A of the Credit Act 1984, or
(c) where the proceedings are included in a class of proceedings that may, in accordance with the regulations, be heard and determined by the Chairman, or a Deputy Chairman, sitting alone.
Section 86A of the Credit Act 1984 empowers the Tribunal to vary civil penalties imposed on credit providers for minor errors found not to disadvantage the debtors concerned in any significant respect.
The Tribunal may deal with 2 or more matters together if the Chairman is satisfied that the parties concerned will not be prejudicially affected and the Tribunal is duly constituted in respect of all of those matters.
Except as provided by subsection (3), proceedings before the Tribunal shall be heard and determined by the Chairman or, if there is a Deputy Chairman, by a Deputy Chairman, and 2 part-time members, one of whom shall be a member referred to in section 7 (1) (a) and the other a member referred to in section 7 (1) (b).
(Repealed)
Where the Tribunal, as constituted for a hearing of the Tribunal:
(a) comprises, or includes, the Chairman—the Chairman shall preside at the hearing, or
(b) comprises, or includes, a Deputy Chairman—the Deputy Chairman shall preside at the hearing.
In any proceedings before the Tribunal other than proceedings before the Chairman or a Deputy Chairman sitting alone, the decision of the majority of the members hearing the proceedings is the decision of the Tribunal.
In any proceedings before it, other than proceedings prescribed for the purposes of this subsection, the Tribunal:
(a) is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks fit, and
(b) shall act according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.
The Chairman or Deputy Chairman who presides, or is to preside, at proceedings before the Tribunal:
(a) may give directions relating to procedure that, in the opinion of the Chairman or the Deputy Chairman, will enable costs to be reduced and will help to achieve a prompt hearing of the matters in issue between the parties to the proceedings, and
(b) may, in relation to those proceedings, request a report from, or other assistance by, the Commissioner.
If during any proceedings one of the members constituting the Tribunal ceases to hold office or for any reason becomes unable to continue with the proceedings, the Chairman may replace the member with another member who is similarly qualified to the member.
The member may be replaced with the consent of the parties or without their consent. However, if the parties do not consent, the member may be replaced only if:
(a) the Tribunal has not, before the member ceased to hold office or was unable to continue with the proceedings, received evidence essential for the determination of the proceedings, and
(b) the Chairman is satisfied that failure to replace the member would delay the determination of the proceedings and that the delay would impose additional costs on the parties, and
(c) the Chairman is otherwise satisfied that the interests of the parties would not be detrimentally affected by the replacement.
If during any proceedings one of the members constituting the Tribunal (other than the person presiding) ceases to hold office or for any reason becomes unable to continue with the proceedings, the proceedings may be continued before the remaining 2 members of the Tribunal, but only with the consent of the parties. If the remaining 2 members of the Tribunal are equally divided on any matter, the decision of the person presiding prevails.
A consent under this section is irrevocable.
A decision of the Tribunal is not invalid only because the constitution of the Tribunal at the time of the pronouncement of the decision is different from the constitution of the Tribunal at the time the decision was made.
A reference or appeal under this section shall be made in accordance with rules of the Supreme Court.
Any question with respect to procedure that arises in proceedings before the Tribunal shall be decided by the presiding Chairman or Deputy Chairman.
Where, in proceedings before the Tribunal, a question arises with respect to a matter of law, the presiding Chairman or Deputy Chairman may decide the question or may refer it to the Supreme Court for decision.
Where a question with respect to a matter of law is referred to the Supreme Court under subsection (3):
(a) the Tribunal shall not make an order or decision to which the question is relevant until the Supreme Court has decided the question,
(b) upon deciding the question, the Supreme Court shall remit its decision to the Tribunal, and
(c) the Tribunal shall not proceed in a manner, or make an order or decision, that is inconsistent with the decision of the Supreme Court.
Where, in proceedings before the Tribunal, the Chairman or a Deputy Chairman decides a question with respect to a matter of law, a party to the proceedings who is dissatisfied with the decision may appeal to the Supreme Court against the decision of the Chairman or Deputy Chairman.
After deciding the question the subject of an appeal under subsection (5), the Supreme Court may, unless it affirms the decision of the Chairman or Deputy Chairman on the question:
(a) make such order in relation to the proceedings in which the question arose as, in its opinion, should have been made by the Tribunal, or
(b) remit its decision on the question to the Tribunal and order a re-hearing of the proceedings before the Tribunal.
Where a re-hearing is held pursuant to an order under subsection (6) (b), the Tribunal shall not proceed in a manner, or make an order or decision, that is inconsistent with the decision of the Supreme Court remitted to the Tribunal.
Where a party to proceedings before the Tribunal has appealed to the Supreme Court under subsection (5) against a decision of the Chairman or a Deputy Chairman, either the Tribunal or the Supreme Court may suspend, until the appeal is determined, the operation of any order or decision made in the proceedings.
Where, under subsection (8), the Tribunal suspends the operation of an order or decision, the Tribunal or the Supreme Court may terminate the suspension or, where the Supreme Court has suspended the operation of an order or decision, the Supreme Court may terminate the suspension.
For the purposes of this section, a reference to a matter of law includes a reference to a matter relating to the jurisdiction of the Tribunal and a matter as to the admission or rejection of evidence.
Subject to any Act and the rules, where a party to proceedings before the Tribunal has a right to proceed against 2 or more persons having a joint liability, it is sufficient if any one or more of those persons is or are served with process in the proceedings, and a decision in the proceedings may be given and enforced against the person or persons subject to the liability.
Section 97 of the Supreme Court Act 1970 applies to and in respect of a decision given in proceedings before the Tribunal in the same way as it applies to and in respect of a judgment given in proceedings before the Supreme Court.
A legal personal representative may bring or defend proceedings before the Tribunal in the same manner as if he or she were bringing or defending proceedings in his or her own right.
Where, before the holding of proceedings before the Tribunal, or at any stage during the holding of any such proceedings, the presiding Chairman or Deputy Chairman is of the opinion that a person ought to be joined as a party to the proceedings, the Chairman or Deputy Chairman may, by notice in writing given to the person or by oral direction given during the holding of the proceedings, join the person as a party to the proceedings.
The time and place for the holding of proceedings before the Tribunal are to be fixed by the Chairman, Deputy Chairman, Registrar or Deputy Registrar in accordance with the rules.
Except as provided by the rules, the Registrar or Deputy Registrar is to serve on any party to the proceedings who is not present when the time and place for holding the proceedings are fixed, a notice specifying the time and place so fixed and the matters to which the proceedings relate and directing the party to attend at that time and place.
The Tribunal may require the Registrar or Deputy Registrar to serve a notice referred to in subsection (1A) outside New South Wales.
The Tribunal shall give each party to proceedings before it a reasonable opportunity to call or give evidence, examine or cross-examine witnesses and make submissions to the Tribunal.
If a party to proceedings before the Tribunal on whom a notice has been served in accordance with subsection (1A) or (1B) fails to attend at the time and place specified in the notice, the proceedings may be held in the absence of the party.
A party to proceedings before the Tribunal:
(a) may appear personally in the proceedings or, except as provided by paragraph (b) (ii), by solicitor or counsel, and
(b) may not, except by leave of the Tribunal, be represented in the proceedings:
(i) otherwise than by solicitor or counsel, or
(ii) by solicitor or counsel if the proceedings are proceedings, or are within a class of proceedings, prescribed for the purposes of this subparagraph.
No person, other than a solicitor or counsel, is entitled to demand or receive any fee or reward for representing a party in proceedings before the Tribunal.
In proceedings before the Tribunal, the Tribunal may, in its discretion:
(a) receive in evidence the transcript of evidence in any proceedings before a court or tribunal, whether constituted in the State or elsewhere, and draw any conclusions of fact from that transcript that it considers proper,
(b) adopt any finding, decision or judgment of a court or tribunal that may be relevant to the proceedings, and
(c) receive in evidence any report of the Commissioner that may be relevant to the proceedings but only if a copy of that report has been made available to every party to the proceedings.
The evidence of a witness shall be recorded by means of writing, shorthand, stenotype machine, sound-recording apparatus or such other means as may be prescribed.
(Repealed)
If, in relation to a hearing before the Tribunal, the Chairman or a Deputy Chairman so directs or a party so requests, the Registrar, or the Deputy Registrar, is to issue a summons requiring a person named in the summons to attend the hearing and at the time and place specified in the summons:
(a) to give evidence, or
(b) to produce any record or thing specified in the summons that is in the person’s possession or control, or
(c) to do both of those things.
A requirement under this section to produce a record or thing is taken to be complied with if the record or thing is produced to the Registrar, or the Deputy Registrar, before the hearing concerned.
Where, pursuant to this section, a person is required by a summons to produce a record and the record is not in writing, or is not written in the English language, or is not decipherable on sight, the summons shall be deemed to require the person to produce, in addition to the record if it is in writing, or instead of the record if it is not in writing, a statement, written in the English language and decipherable on sight, containing the whole of the information in the record.
The Chairman or a Deputy Chairman may administer an oath to any person appearing as a witness before the Tribunal, whether or not the witness has been summoned, and allow the witness to be examined and cross-examined by oath.
A witness summoned to attend or appearing before the Tribunal has the same protection and, without affecting any penalty that may be imposed pursuant to this Act, is subject to the same liabilities, as a witness would have or be subject to in proceedings before the District Court.
A witness summoned under subsection (1) at the direction of the Chairman or a Deputy Chairman is entitled to be paid such fees and allowances as are prescribed.
A summons issued under subsection (1) at the request of a party does not have effect, unless, not later than a reasonable time before the day on which the attendance of the witness is required by the summons, tender is made of an amount in respect of reasonable expenses of complying with the requirements of the summons.
If any person served with a summons to attend before the Tribunal fails to comply with the summons, the Chairman or a Deputy Chairman may, on proof of the service of the summons, issue to such person as the Chairman or Deputy Chairman appoints a warrant for the apprehension of that person.
A warrant issued under subsection (1) authorises the apprehension of the witness, the bringing of the witness before the Tribunal and the detention of the witness in custody for that purpose until released by order of the Chairman, a Deputy Chairman or the Supreme Court.
The apprehension of any witness under this section does not relieve the witness from any liability incurred by reason of non-compliance with a summons to attend before the Tribunal.
The Tribunal may inspect any record, statement or thing produced before it and:
(a) may retain any such record, statement or thing for such period as the Tribunal thinks necessary for the purposes of the proceedings in relation to which it was produced, and
(b) may make copies of any such record or statement or any part of the record or statement, and
(c) may take photographs of any such thing.
Where a record or statement is produced before, and retained by, the Tribunal, the person otherwise entitled to possession of the record or statement is, on request, entitled to be supplied, as soon as practicable, with a copy certified by the Registrar, or the Deputy Registrar, to be a true copy, and a copy of a record or statement so certified is admissible as evidence in all courts as if it were the original record or statement.
Where, pursuant to subsection (2), a person is entitled to be supplied with a copy of a record or statement, the person, or a person authorised by the person, may, at such times and places as the Registrar, or the Deputy Registrar, directs, inspect, make copies of, or take extracts from, the record or statement.
The Chairman may appoint any person to give such assistance as the Chairman considers necessary to enable the Tribunal to arrive at a decision in any proceedings before it and may, by instrument in writing, authorise any person so appointed to inspect and report to the Tribunal on any record or statement that the Chairman considers relevant to the subject-matter of the proceedings.
In respect of proceedings before the Tribunal, the Chairman or Deputy Chairman presiding at a sitting of the Tribunal has, subject to this Act but without limiting any of the powers, rights and privileges conferred on the Tribunal or the Chairman or Deputy Chairman by or under any other provision of this Act, the same powers for punishing contempt of the Tribunal as are conferred on a Judge of the District Court for punishing contempt of the District Court.
Subject to subsection (2), Part 3 of the Royal Commissions Act 1923 applies to and in respect of proceedings before the Tribunal in the same way as it applies to and in respect of an inquiry held under that Act, and for the purpose of that application:
(a) a reference in that Part to a commission shall be construed as a reference to the Tribunal,
(b) a reference in that Part to an inquiry shall be construed as a reference to proceedings before the Tribunal, and
(c) a reference in that Part to a book, document, writing or record shall be construed as including a reference to a record within the meaning of this Act and a reference to a statement referred to in section 25 (2) of this Act.
A person who is guilty of an offence:
(a) pursuant to section 19 of the Royal Commissions Act 1923, is liable to a penalty not exceeding 10 penalty units or to imprisonment for 6 months, or to both, instead of the penalty prescribed by that Act, or
(b) pursuant to section 20 of the Royal Commissions Act 1923, is liable to a penalty not exceeding 10 penalty units or to imprisonment for 6 months, or to both, instead of the penalty prescribed by that Act.
The Tribunal may dismiss proceedings before it if satisfied that:
(a) the proceedings are frivolous, vexatious, misconceived or lacking in substance, or
(b) it does not have jurisdiction to hear and determine the proceedings, or
(c) the proceedings are not being actively prosecuted, or
(d) for any other reason the proceedings should not be entertained.
Where the Tribunal dismisses proceedings under subsection (1), it may order the person who brought the proceedings to pay the costs of the proceedings.
The Tribunal may make such award as it thinks fit as to by whom, to whom and to what extent costs are to be paid in, or in relation to, proceedings before it.
Where an order of the Tribunal is for payment of an amount of money (including any amount awarded as costs) the order shall, upon the filing of the prescribed documents in the office or registry of a court having jurisdiction to order the payment of such an amount of money, be deemed to be a judgment of that court for the payment of that amount of money in accordance with the order of the Tribunal.
For the purposes of subsection (1), the prescribed documents are:
(a) a copy of the order of the Tribunal certified by the Registrar, or the Deputy Registrar, to be a true copy, and
(b) an affidavit by the person to whom the amount of money was ordered to be paid specifying the amount unpaid under the order and, where the order is to take effect upon any default, as to the making of the default.
Notwithstanding anything in any other Act, no fee is payable for the filing of documents under subsection (1).
Where the Tribunal does not state its reasons for any order or decision made in relation to proceedings before it, any party to the proceedings may, by notice in writing served on the Registrar, or the Deputy Registrar, within 7 days after the date on which the order or decision was made, request the Tribunal to state its reasons for the order or decision.
The Tribunal shall, within 28 days after the service of a notice under subsection (1), state its reasons for the order or decision referred to in the notice.
If:
(a) an appeal lies to the Supreme Court against an order or decision of the Tribunal, and
(b) the period for lodging such an appeal is limited to a specified period after the order or decision is made, and
(c) a notice is served under subsection (1) requesting the Tribunal to state its reasons for the order or decision,
the period for lodging the appeal commences on the date those reasons are notified to the party who served the notice.
The Tribunal may adjourn any proceedings before it in such manner as it thinks fit.
At any stage of proceedings before it, the Tribunal may order that the proceedings be stayed.
Service of a document for the purposes of or in relation to proceedings before the Tribunal shall be effected by a person prescribed by the rules in respect of the same class of document, and may be effected by delivering a copy of the document to the person on whom the document is to be served or in such manner as may be prescribed by the rules.
In this section, a reference to the service of a document includes a reference to service of a document outside New South Wales.
If the manner or form of procedure for taking any step in proceedings before the Tribunal is not prescribed by this Act or by the rules, the Chairman or Deputy Chairman who presides, or is to preside, in the proceedings may direct what manner or form of procedure is to be followed, and any step taken in accordance with a direction so given shall, for the purposes of the proceedings, be regular and sufficient.
If a decision made by the Tribunal in respect of any proceedings before it contains:
(a) a clerical mistake, or
(b) an error arising from an accidental slip or omission, or
(c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the decision, or
(d) a defect of form,
the Tribunal, of its own motion or on the application of a party to the proceedings, may correct the decision.
In this section:
The Chairman and any 2 members may make rules for or with respect to:
(a) the procedure and practice to be followed in proceedings before the Tribunal (including the procedure and practice to be followed in the office of the Registrar) and any matters incidental or relating to any such procedure or practice,
(b) the continuance of proceedings on death or bankruptcy of any party,
(c) regulating, or empowering the Registrar or Deputy Registrar to regulate, the business of the Tribunal and empowering the Chairman, a Deputy Chairman, the Registrar or the Deputy Registrar to give directions as to the steps to be taken to make any proceedings before the Tribunal ready for hearing,
(d) the duties of, and the records to be kept by, the Registrar or Deputy Registrar in relation to, or for the purposes of, any proceedings before the Tribunal, and
(e) any matters relating to costs of proceedings before the Tribunal.
The rules may be made to apply differently according to such factors, or according to such limitations or conditions, whether as to time or circumstance or otherwise, as may be prescribed in the rules.
(Repealed)
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act and, in particular, but without affecting the generality of the foregoing, for or with respect to:
(a) the fees payable with respect to proceedings before the Tribunal, and
(b) the powers of the Registrar to postpone, or to remit, wholly or partly, the payment of any such fee.
A provision of a regulation may:
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind, or
(c) authorise any matter or thing to be from time to time determined, applied or regulated by a specified person or body,
or may do any combination of those things.
(Section 3)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
• this Act,
• the Commercial Tribunal Legislation Amendment Act 1995.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
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.
In this Part,
The person who, immediately before the appointed day, held office as Registrar of the Credit Tribunal of New South Wales under section 205 (1) of the Consumer Credit Act 1981 shall be deemed to have been on that day appointed as Registrar of the Tribunal under section 17 (1) of this Act.
The person who, immediately before the appointed day, held office as Deputy Registrar of the Credit Tribunal of New South Wales under section 205 (3) of the Consumer Credit Act 1981 shall be deemed to have been on that day appointed as Deputy Registrar of the Tribunal under section 17 (1) of this Act.
Where, immediately before the appointed day, proceedings instituted for determination by the Credit Tribunal of New South Wales had not been heard and determined, they shall be heard and determined by the Commercial Tribunal of New South Wales.
For the purposes of subclause (1):
(a) an application made under the Consumer Credit Act 1981 for a credit provider’s licence or a finance broker’s licence shall be deemed to be an application made under the Credit (Administration) Act 1984 for such a licence, and
(b) a matter referred to the Credit Tribunal of New South Wales under section 162B (3) of the Consumer Credit Act 1981 shall be deemed to have been referred to the Commercial Tribunal of New South Wales under section 5 (3) of the Credit (Home Finance Contracts) Act 1984.
A person holding office as a part-time member of the Tribunal referred to in paragraph (a) or (b) of section 7 (1) (as in force immediately before the commencement of Schedule 1 [3] to the Commercial Tribunal Legislation Amendment Act 1995) is taken to satisfy the requirements of that paragraph (as in force after that commencement).
Any such person does not cease to hold office only because of the amendments made to section 7 by that Schedule.
The employment of the Registrar, Deputy Registrar (if any) or other staff of the Tribunal is not affected by the amendment made to section 17 by Schedule 1 [9] to the Commercial Tribunal Legislation Amendment Act 1995.
The amendments made by the following provisions of the Commercial Tribunal Legislation Amendment Act 1995 do not affect proceedings pending on the commencement of those amendments:
(a) Schedule 1 [11] and [15]–[18],
(b) Schedule 2.
The amendments made by the following provisions of the Commercial Tribunal Legislation Amendment Act 1995 extend to proceedings pending on the commencement of those amendments:
(a) Schedule 1 [13],
(b) Schedule 1 [19],
(c) Schedule 1 [21] and [22],
(d) Schedule 1 [25],
(e) Schedule 1 [27].
The amendment made by Schedule 3 to the Commercial Tribunal Legislation Amendment Act 1995 extends to appeals against decisions made before the commencement of the amendment.
The amendment made by Schedule 1 [26] to the Commercial Tribunal Legislation Amendment Act 1995 applies only to notices served on the Registrar under section 34 (1) after the commencement of that amendment.
(Section 16)
In this Schedule:
Subject to subclause (2) and to the terms of appointment, where the Chairman was, immediately before being appointed as Chairman:
(a) an officer of the Public Service or a Teaching Service,
(b) a contributor to a superannuation scheme,
(c) an officer employed by a statutory body, or
(d) a person in respect of whom provision was made by any Act for the retention of any rights accrued or accruing to the person as an officer or employee,
he or she:
(e) shall retain any rights accrued or accruing to him or her as such an officer, contributor or person,
(f) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being appointed as Chairman, and
(g) shall be entitled to receive any deferred or extended leave and any payment, pension or gratuity,
as if he or she had continued to be such an officer, contributor or person during his or her service as Chairman and:
(h) his or her service as Chairman shall be deemed to be service as an officer or employee for the purpose of any law under which those rights accrued or were accruing, under which he or she continues to contribute or by which that entitlement is conferred, and
(i) he or she shall be deemed to be an officer or employee for the purpose of the superannuation scheme to which he or she is entitled to contribute under this clause.
If the Chairman would, but for this subclause, be entitled under subclause (1) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme, he or she shall not be so entitled upon becoming (whether upon appointment as Chairman or at any later time while holding office as Chairman) a contributor to any other superannuation scheme, and the provisions of subclause (1) (i) cease to apply to or in respect of him or her, in any case where he or she becomes a contributor to any such other superannuation scheme.
Subclause (2) does not prevent the payment to the Chairman upon his or her ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him or her if he or she had ceased, by reason of resignation, to be an officer or employee for the purpose of the scheme.
The Chairman shall not, in respect of the same period of service, be entitled to claim a benefit under this Act and another Act.
A person who:
(a) ceases to be Chairman by reason of the expiration of the period for which the person was appointed or by reason of resignation,
(b) was, immediately before being appointed as Chairman:
(i) an officer of the Public Service or a Teaching Service, or
(ii) an officer or employee of a statutory body, and
(c) has not attained the age at which the person would have been entitled to retire had the person continued to be such an officer or employee,
shall be entitled to be appointed to some position in the Public Service, the Teaching Service or the service of that statutory body, as the case may be, not lower in classification and salary than that which the person held immediately before being appointed as Chairman.
Where subclause (1) does not apply to a person who:
(a) was, immediately before being appointed to a full-time office constituted by an Act, an officer or employee referred to in subclause (1) (b), and
(b) is, after that appointment, appointed as Chairman,
the person shall have such rights (if any) to appointment as such an officer or employee, in the event of ceasing to be Chairman, as are specified in the instrument of appointment as Chairman or as are agreed upon by the person and by or on behalf of the Government.
The Governor may, by proclamation published in the Gazette, declare any body constituted by or under any Act to be a statutory body for the purposes of this Schedule.
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