Decimal Currency Act 1965 (NSW)

An Act to provide for the interpretation, amendment and operation of laws of New South Wales where necessary or desirable in consequence of the enactment of the Currency Act 1965 of the Commonwealth of Australia; and for purposes connected therewith.

1Name of Act, citation and commencement(1)

This Act may be cited as the Decimal Currency Act 1965.

(2)

This Act, sections 3, 4, 5, 6, 9, 10 and 11 excepted, shall commence upon the day upon which it receives the Royal assent.

(3)

Sections 3, 4, 5, 6, 9, 10 and 11 shall commence upon the appointed day.

2Interpretation(1)

In this Act, unless the context or subject-matter otherwise indicates or requires:

Appointed day means the day upon which Part II of the Commonwealth Act commences.

Commonwealth Act means the Currency Act 1965 of the Parliament of the Commonwealth of Australia and includes any Act passed in amendment of or substitution for that Act.

Decimal currency means the currency provided for by Part II of the Commonwealth Act.

Law of the State means:

• (a)

  a law in force in New South Wales on the appointed day, or

• (b)

  a law passed or made before the appointed day that comes into force in New South Wales on or after the appointed day,

to which the Commonwealth Act does not extend.

Old currency means the currency provided for by the Acts repealed by the Commonwealth Act.

Special law means this Act and:

• (a)

  a law of the State:

  • (i)

    that it is not competent for the legislature of New South Wales to amend,

  • (ii)

    in respect of which the State of New South Wales has agreed to make no amendment without the concurrence of the Commonwealth of Australia,

  • (iii)

    in respect of which any amendment would be required to be reserved for the signification of Her Majesty’s pleasure thereon,

  • (iv)

    that is an amending provision (within the meaning of the Reprints Act 1972),

  • (v)

    that, being a provision of an Act, has been amended otherwise than by an amending provision (within the meaning of the Reprints Act 1972),

  • (vi)

    that is an award made or an industrial agreement filed under the provisions of the Industrial Arbitration Act 1940, as amended by subsequent Acts,

• (b)

  that part of a law of the State that is a copy of an agreement or arrangement or proposed agreement or arrangement or that sets forth any matter to be embodied in a proposed agreement or arrangement,

• (c)

  an Act specified in the first column of the Second Schedule, to the extent specified opposite that Act in the second column of that Schedule,

• (d)

  a law of the State embodied in an Appropriation Act, a Supply Act, a General Loan Account Appropriation Act or an Act that authorises the raising of a specific loan,

• (e)

  any provision of an Act imposing, increasing, reducing or suspending rates of:

  • (i)

    income tax,

  • (ii)

    income and wages tax,

  • (iii)

    unemployment relief tax,

  • (iv)

    social services tax, or

  • (v)

    family endowment tax,

• (f)

  a Private Act,

• (g)

  a law of the State that is an Imperial Act.

(2)

In the Schedules to this Act, a reference to an Act means that Act, as amended by subsequent Acts other than this Act.

(3)

For the purposes of this Act, the equivalent in decimal currency of an amount of money in old currency shall be calculated on the basis specified in subsection (4) of section 8 of the Commonwealth Act.

3Interpretation of laws of the State

A reference in a law of the State, other than a special law, not being a special law referred to in paragraph (f) or (g) of the definition of Special law in subsection (1) of section 2, to an amount of money or a percentage, rate or proportion, expressed in terms or in a manner used in connection with old currency shall, unless the context or subject matter is such that it would be inappropriate or the contrary intention appears, be construed as a reference to the equivalent amount of money, or the same percentage, rate or proportion, as the case may be, expressed in terms or in a manner used in connection with decimal currency.

4Amendments of Acts(1), (2)

(Repealed)

(3)

The provisions of the Reprints Act 1972 shall apply to and in respect of the amendments made by this section.

5Acts providing for borrowing etc of money(1)

In this section:

Applied in relation to money includes borrowed, expended, paid, accepted, deducted, contributed and any other manner of dealing with money and application has a corresponding meaning.

(2)

This section shall apply to references in laws of the State to amounts of money that were, before the appointed day, authorised or required by those laws to be applied:

• (a)

  for a specified purpose,

• (b)

  in a specified manner,

• (c)

  in specified circumstances, or

• (d)

  during a period, whether defined or not, that commenced before and concludes on or after the appointed day.

(3)

Where, before the appointed day the whole or part of the amount of money authorised or required to be applied as referred to in subsection (2) has not been applied, the amount of money that on and after the appointed day may be so applied shall be the equivalent in decimal currency of the amount of money that, immediately before the appointed day, has not been so applied.

6Calculations related to references in old currency(1)

In this section:

Reference in old currency means a reference to an amount of money, or a percentage, rate or proportion, expressed in terms or in a manner used in connection with old currency.

Reference in decimal currency means a reference to an amount of money, or a percentage, rate or proportion, expressed in terms or in a manner used in connection with decimal currency.

(2)

For the purpose of making a calculation or determination:

• (a)

  that is required by a law of the State to be made by reference to old currency and is relevant to some matter arising before the appointed day, such calculation or determination may be made in old currency and the result expressed, in terms or in a manner used in connection with decimal currency, as the equivalent amount of money in that currency,

• (b)

  that is required by a law of the State to be made by relating a reference in decimal currency to a reference in old currency:

  • (i)

    the reference in old currency shall, where it is a reference in a law of the State, be construed as a reference to the equivalent amount of money expressed in terms or in a manner used in connection with decimal currency,

  • (ii)

    the reference in decimal currency shall, where the reference in old currency is a reference to which subsection (2) of section 18 of the Commonwealth Act applies, be construed as a reference to the equivalent amount of money, or the same percentage, rate or proportion, as the case may be, expressed in terms or in a manner used in connection with old currency.

(3)

Subparagraph (ii) of paragraph (b) of subsection (2) shall cease to have effect upon the date fixed pursuant to section 21 of the Commonwealth Act.

7Regulations(1)

The Governor may, where it is necessary or convenient in consequence of the enactment of the Commonwealth Act or this Act:

• (a)

  to amend an Act that is not within paragraph (a) or (b) of the definition of Special law in subsection (1) of section 2, or

• (b)

  to except an Act from the operation of subsection (2) of section 4, either wholly or to a specified extent,

make regulations amending the Schedules to this Act and the Schedules, as so amended, shall be the Schedules to this Act.

(2)

The Governor may make regulations that in the Governor’s opinion are necessary or convenient for or with respect to:

• (a)

  the resolution of any dispute, doubt or difficulty that arises or may arise in the operation of laws of the State in consequence of the enactment of the Commonwealth Act or this Act,

• (b)

  the administration of this Act or the carrying out of its objects and purposes, or

• (c)

  the alteration or amendment of registers, rolls, lists, records and the like containing references to amounts of money or percentages, rates or proportions expressed in terms or in a manner used in connection with old currency and the effect of such alterations or amendments.

(3)

(Repealed)

(4)

• (a)

  Regulations made under this section before the appointed day shall take effect on the appointed day or on some later day specified in the regulations.

• (b)

  Regulations made under this section after the appointed day shall take effect on the day of publication or on some other day specified in the regulations, being a day before or after the day of publication, but not earlier than the appointed day.

8Regulations etc under other Acts(1)

Where an Act confers no power to make regulations, rules, ordinances, orders or by-laws, the Governor shall be deemed to have power pursuant to that Act to make regulations thereunder which, in the Governor’s opinion, are necessary or convenient in consequence of the enactment of the Commonwealth Act and this Act.

(2)

(Repealed)

(3)

Where an Act confers a power to make regulations, rules, ordinances, orders or by-laws that is insufficient to authorise the making of regulations, rules, ordinances, orders or by-laws that are necessary or convenient in consequence of the enactment of the Commonwealth Act or this Act, the power conferred shall be deemed to extend to the making of such regulations, rules, ordinances, orders or by-laws, as the case may be.

(4)

Notwithstanding anything contained in the Act pursuant to which they are made, regulations, rules, ordinances, orders or by-laws made pursuant to subsection (1) or subsection (3) or under any other power to make them for the same purposes may be made to take effect on the day of publication in the Gazette or on some other day specified in the regulations, being a day before or after the day of publication in the Gazette, but not earlier than the appointed day.

9Forms(1)

Where, immediately before the appointed day, a law of the State prescribes a form that contains a reference to or provision for the specification of an amount of money, or a percentage, rate or proportion, expressed in terms or in a manner used in connection with old currency, or any symbol or other type designed to assist in the expression of an amount of money in old currency that form may continue to be issued after the appointed day for use pursuant to subsection (2).

(2)

Any such form issued after the appointed day shall be the relevant prescribed form if it is altered to express amounts of money or percentages, rates or proportions in terms or in a manner used in connection with decimal currency in lieu of old currency in conformity with the form as prescribed after the appointed day.

10Liabilities in arrears or unascertained(1)

Except as might otherwise expressly be provided, nothing in this Act and no amendment of the laws of the State made by or pursuant to this Act or in any other manner that substitutes for a reference in any such law to an amount of money expressed in terms or in a manner used in connection with old currency a reference to an amount of money expressed in terms or in a manner used in connection with decimal currency (whether the substituted reference is to the equivalent amount of money or not) shall operate to extinguish, wholly or in part, a liability to pay money (certain or contingent) that arose under any such law before the appointed day or that might have arisen under any such law if this Act had not been passed or the relevant amendment made, whether or not the amount of money payable pursuant to that liability is ascertainable or becomes due for payment before or after the appointed day.

(2)

Where any liability referred to in subsection (1) is to pay an amount of money ascertained under the relevant law in old currency and payable after the appointed day, the amount so ascertained shall, for the purpose of making payment, be deemed to be an amount payable immediately before the appointed day.

(3)

Nothing in subsection (2) shall affect the operation of any law relating to the limitation of actions.

11Citation of Acts(1)

This section shall apply to Acts amended by section 4.

(2)

Where an Act to which this section applies may be cited in a manner that includes as part of the citation a reference to more than one secular year, that Act, as amended by subsequent Acts and by this Act, may be cited in the same manner amended by omitting the figures identifying the later of those years and by inserting in lieu thereof the figures “1965”.

First Schedule

(Repealed)

Second Schedule

(Section 2)

First Column	Second Column
Reference to Act	Subject	Extent of exclusion
30 Vic	The City of Newcastle Gas and Coke Company’s Incorporation Act 1866.	Preamble.
51 Vic No 9	Centenary Celebration	Sections 5 and 6.
56 Vic No 1	Funded Stock	The whole.
No 18, 1897	Municipal Loans Further Validation	The whole.
No 13, 1898	Wills, Probate and Administration	Sections 50 and 61A.
No 1, 1901	Sydney Harbour Trust	Section 77N.
No 94, 1902	Treasury Bills	The whole.
No 28, 1906	Police Regulation (Superannuation)	Table contained in subsection (4) of section 7. Table contained in subsection (4) of section 10.
No 34, 1906	Municipal Loans Authorisation and Validation.	The whole.
No 48, 1906.	(Repealed)	(Repealed)
No 49, 1906	Mining	Section 70C.
No 53, 1906	David Berry Hospital	The preamble and section 5.
No 1, 1911	Royal Agricultural Society	The whole.
No 25, 1912	Gaming and Betting	Subsection (1A) of section 50E. Paragraph (a) of subsection (2) of section 50E.
No 30, 1912	Government Railways	Section 41S.
No 44, 1912	Water	Section 73A.
No 7, 1913	Crown Lands Consolidation	The words “two pence” wherever occurring in section 52. Subsection (1) of section 216. Section 286.
No 6, 1914.	Savings Bank Amalgamation	Subsection (3) of section 12.
No 24, 1914.	Local Government Validation and Enabling.	The whole.
No 29, 1915	City and Suburban Electric Railways.	Section 5. The words “three hundred thousand pounds” in section 5C.
No 57, 1915	Finance (Taxation)	Sections 2, 7, 8, 9, 10, 11 and 12.
No 69, 1915	Meat Industry	Subsection (1) of section 25A.
No 28, 1916	Superannuation	The whole.
No 82, 1916	Destitute Children’s Society (Vesting).	The whole.
No 19, 1917	University Prizes and Medals Alteration.	The whole.
No 41, 1919	Local Government	Sections 368, 400B and 655.
No 43, 1919	(Repealed)	(Repealed)
No 47, 1920	Stamp Duties	The whole.
No 29, 1922	Local Government (Validation and Amendment).	Sections 3 and 39.
No 27, 1923	Anzac Memorial (Building)	The preamble.
No 5, 1924	Red Cross War Chest Farm Colony Transfer.	The whole.
No 7, 1925	George’s River Bridge (Guarantee)	The whole.
No 18, 1927	Government Insurance	Subsection (1) of section 4A.
No 33, 1927	Local Government (Amendment)	Section 24.
No 11, 1928	George’s River Bridge (Further Guarantee).	The whole.
No 28, 1928	McGarvie Smith Institute Incorporation.	Paragraph (j) of section 5.
No 38, 1928	Closer Settlement Fund	Schedule 2.
No 41, 1928	Local Government (Amendment)	Section 16.
No 11, 1929	Deficiency (Revenue)	The whole.
No 17, 1929	Burrinjuck Hydro-Electric (Administration).	Sections 3 and 7.
No 18, 1929	Public Works (Port Kembla Electricity).	Sections 3 and 11.
No 22, 1929	Wheat Marketing (Barring of Claims).	The whole.
No 18, 1930	Transport	Subsections (1) and (2) of section 40.
No 31, 1930	Superannuation (Amendment)	The whole.
No 35, 1930	Wade Shire Rates Validation	The whole.
No 38, 1930	Farrer Memorial Research Scholarship Fund.	The whole.
No 44, 1931	Interest Reduction	Subsection (2) of section 7.
No 64, 1932	Finances Adjustment (Further Provisions).	The whole.
No 19, 1933	Finances Adjustment (Further Provisions).	The whole.
No 14, 1934	Gold Clauses (Construction)	The whole.
No 57, 1934	Government Guarantees	The Schedule.
No 32, 1935	Saint Andrew’s Cathedral Site	The whole.
No 36, 1936	Australian Iron and Steel Limited Agreement Ratification.	Section 6.
No 5, 1937	University (J. B. Watt Travelling Scholarships).	The whole.
No 8, 1937	King George V and Queen Mary Maternal and Infant Welfare Foundation.	The whole.
No 10, 1937	Local Government (Amendment)	Sections 9, 16 and 17.
No 16, 1937	Finances Adjustment	The whole.
No 31, 1938	Walker Trusts	The whole.
No 34, 1938	General Motors–Holden’s Agreement Ratification.	The whole.
No 2, 1940	Industrial Arbitration	Sections 54, 57, 61J, 61K, 61U, 61V and 61Z. Subsection (2) of section 61AA. Section 88D.
No 28, 1941	Auctioneers, Stock and Station and Real Estate Agents.	Subsection (1) of section 14. Subsections (3), (4), (6) and (7) of section 75.
No 45, 1941	Coal and Oil Shale Mine Workers (Superannuation).	Section 6. Subsection (3) of section 19.
No 14, 1943	Loans (Validation)	Schedule.
No 19, 1943	New South Wales Government Engineering and Shipbuilding Undertaking.	Subsection (1) of section 7.
No 30, 1944	Deficiency (Revenue)	The whole.
No 19, 1945	Local Government (Amendment)	Section 30 and Schedule 1.
No 26, 1945	Bulli (Slacky Flat) Land Sale	The whole.
No 32, 1945	Governor General’s Residence (Grant)	The whole.
No 14, 1948	Camperdown Cemetery	Section 8.
No 44, 1948	Local Government (Further Amendment).	Section 6.
No 12, 1950	Broken Hill Proprietary Company Limited (Steelworks) Agreement Ratification.	The whole.
No 34, 1950	Hunter Valley Conservation Trust	Paragraph (c) of subsection (1) of section 49.
No 40, 1950	Electricity Commission (Balmain Electric Light Company Purchase).	The whole.
No 11, 1951	(Repealed)	(Repealed)
No 53, 1951	Superannuation (Amendment)	The whole.
No 26, 1952	Closer Settlement (Maryvale Estate)	The whole.
No 28, 1952	General Loan Account (Expenditure Validation).	First Schedule.
No 26, 1953	King George V and King George VI Memorial.	The whole.
No 34, 1954	Australian Oil Refining Limited Agreement Ratification.	The whole.
No 6, 1955	Superannuation (Amendment)	The whole.
No 18, 1955	Pastures Protection (Amendment)	Section 3.
No 30, 1955	Stamp Duties (Amendment)	Section 4.
No 42, 1955	Housing (Amendment)	Section 4.
No 18, 1956	Gaming and Betting (Poker Machines) Taxation.	Subsection (1) of section 2. Section 2B. Section 5.
No 26, 1956	Land Tax Management	Subsections (3), (4) and (5) of section 9.
No 43, 1957	Electricity Commission (Transfer of Reticulation Works).	Section 7.
No 21, 1958	Local Government (Amendment)	Section 14.
No 5, 1960	Meat Industry (Amendment)	Section 3.
No 36, 1960	Superannuation (Amendment)	The whole.
No 35, 1961	Australian Oil Refining Pty. Limited Agreement Ratification (Amendment).	The whole.
No 59, 1961	Mining (Renewal of Leases) Amendment.	Section 7.
No 71, 1961	Companies	The figures and symbols “£5,000” where firstly occurring in paragraph 3 of the Second Schedule.
No 18, 1962	University of Sydney (J. J. W. Power Bequest).	The whole.
No 27, 1962	Stamp Duties (Amendment)	Subsections (2) and (3) of section 4.
No 59, 1963	(Repealed)	(Repealed)
No 25, 1964	Railways Retirement Fund	Schedule 1.