Electricity Commission (Appeal Tribunal) Amendment Act 1980 (NSW)

E L E C T R I C I T Y COMMISSION ( A P P E A L T R I B U N A L )

A M E N D M E N T A C T , 1980 , N o . 4 3

ANNO VICESIMO NONO

ELIZABETHE II REGINE

Act N o . 4 3 , 1980.

An Act to amend the Electricity Commission Act. 1950, to abolish the Appeal Board established under that Act and to provide for the making of certain appeals to the Government and Related Employees Appeal Tribunal. [Assented to, 28th April, 1980.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—•

1. This Act may be cited as the "Electricity Commission (Appeal Tribunal) Amendment Act, 1980".

2.       (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided by subsection ( 1 ) , this Act shall commence on the appointed day.

In this Act, "appointed day" means the day appointed and

notified under section 2 (2) of the Government and Related
Employees Appeal Tribunal Act, 1980.

3 .

The Electricity Commission Act, 1950, is amended in the manner set forth in Schedule 1.

4.

(1) An appeal by a servant of the Electricity Commission of New South Wales who has been dealt with, before the appointed day, in a manner referred to in section 66 (1) of the Electricity Commission Act, 1950, as in force immediately before the appointed day, may be made, continued and completed, and shall be given effect to, in all respects as if this Act had not been enacted, and not otherwise.

5.

(2) An objection by a servant of the Electricity Commission of New South Wales against the adoption of a recommendation referred to in section 67 (1) of the Electricity Commission Act, 1950, as in force immediately before the appointed day. may, where the recommendation was made before the appointed day, be lodged, investigated and decided, and the decision may be given effect to, in all respects as if this Act had not been enacted.

( 3 ) For the purposes only of making, continuing or

completing an appeal referred to in subsection (1) and lodging, investigating and deciding an objection referred to in subsection ( 2 ) , the provisions of the Electricity Commission Act, 1950. as in force immediately before the appointed day, and of any instrument made under that Act and so in force shall, notwithstanding any other provision of this Act, continue in force.

(4) Nothing in this section limits any saving in the Interpretation Act, 1897.

On and from the appointed day, a reference in a provision of any other Act or of any regulation, by-law or other statutory instrument or of any other document, whether of the same or of a different kind, to the Appeal Board established under Division 3	of Part VI of the Electricity Commission Act, 1950, as in force	immediately before the appointed day, shall, except for the
purposes of section 5, be read and construed as a reference to the Government and Related Employees Appeal Tribunal established under the Government and Related Employees Appeal Tribunal Act, 1980.

6 .

SCHEDULE 1.

A M E N D M E N T S TO THE ELECTRICITY COMMISSION A C T , 1950.

(1) Section 2 —

Omit the matter relating to Division 3 of Part VI.

(2) (a) Section 66 (1) —

Omit ", and, if he is qualified to appeal to the Appeal Board established under Division 3 , may appeal thereto in the manner hereinafter provided".

(b) Section 66 ( 2 ) —

Omit the subsection.

( 3 ) Section 6 7 —

Omit the section.

(4) Part VI, Division 3 —

Omit the Division.

(5) (a) Section 87 (c) —

Omit "Commission;", insert instead "Commission.".

(b) Section 87 ( d ) —

Omit the paragraph.