Grain Handling (Amendment) Act 1980 (NSW)
G R A I N H A N D L I N G ( A M E N D M E N T ) A C T , 1980 ,
N o . 176
ANNO VICESIMO NONO
ELIZABETHE II REGINiE
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Act N o . 176 , 1980 .
An Act to amend the Grain Elevators Act, 1954, to reconstitute
the Grain Elevators Board of New South Wales, and for other
purposes. [Assented to, 17th December, 1 9 8 0 . ]
Related Employees Appeal Tribunal (Grain Handling) Amendment Act, 1980. See also: Superannuation (Grain Handling) Amendment Act, 1980; Capital Debt Charges (Grain Handling) Amendment Act, 1980; Statutory and Other Offices Remuneration (Grain Handling) Amendment Act, 1980; Public Service (Grain Handling) Amendment Act, 1980; Wheat Marketing (Grain Handling) Amendment Act , 1980; Government and
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 "Grain Handling (Amend
ment) Act, 1980".
2. (1 ) This section and section 1 shall commence on the
date of assent to this Act.
( 2 ) Except as provided in subsection ( 1 ) , this Act shall
commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3. This Act contains the following Schedules :—
SCHEDULE 1 . — A M E N D M E N T S TO THE GRAIN ELEVATORS
A C T , 1954.
SCHEDULE 2 .—SAVINGS, TRANSITIONAL AND O T H E R P R O
VISIONS. 4. The Grain Elevators Act, 1954, is amended in the manner
set forth in Schedule 1.
5 . Schedule 2 has effect.
SCHEDULE 1.
A M E N D M E N T S TO THE GRAIN ELEVATORS A C T , 1 9 5 4 .
| ( 1 ) | Long title— |
Omit "Grain Elevators Board of New South Wales", insert instead "Grain Handling Authority of New South Wales".
| ( 2 ) | Section 1 ( 1 ) — |
Omit the subsection, insert instead :—
( 1 ) This Act may be cited as the "Grain Handling Act, 1 9 5 4 " .
| ( 3 ) | Section 2 — |
Omit the section, insert instead :—
2 . This Act is divided as follows :—
PART I . — P R E L I M I N A R Y — s s . 1 - 4 .
PART I I . — C O N S T I T U T I O N OF T H E GRAIN HANDLING AUTHORITY— s s . 7 , 8 .
PART I I I . — V E S T I N G OF GOVERNMENT GRAIN
ELEVATORS IN THE AUTHORITY— s s . 1 0 , 1 1 .
PART I V . — F U N C T I O N S OF THE AUTHORITY— s s . 1 2 - 2 9 .
PART V . — F I N A N C E — s s . 3 0 - 4 9 A .
DIVISION 1.—Loan Liability of the Authority to the
Treasurer—ss. 3 0 - 3 2 .
DIVISION 2.—Loans—ss. 3 3 - 4 7 .
DIVISION 3.—Accounts and Audit—ss. 4 8 - 4 9 A . SCHEDULE 1—continued.
A M E N D M E N T S TO THE GRAIN ELEVATORS A C T , 1954—continued.
PART VI .—MISCELLANEOUS— s s . 51-57 . SCHEDULE 1 .—CONSTITUTION AND PROCEDURE OF
THE AUTHORITY.
(4) Section 3 —
Omit the section, insert instead :—
3. (1) In this Act, unless the context or subject-matter otherwise indicates or requires—
"Australian Wheat Board" means the Australian Wheat Board continued in existence by the Wheat Marketing Act 1979 of the Parliament of the Commonwealth;
"Authority" means the Grain Handling Authority of New South Wales constituted by this Act;
"functions" includes powers, authorities and duties; "Managing Director" means the Managing Director of
the Authority; "member" means a member of the Authority, and
includes the Managing Director;
"regulation" means a regulation made under this Act. (2) A reference in this Act to the exercise of a function includes, where that function is a duty, a refer ence to the performance of that duty.
SCHEDULE 1—continued.
| A M E N D M E N T S | TO THE GRAIN | ELEVATORS A C T , | 1954—cont inued. |
| (5) | Part I I— |
Omit the Part, insert instead :—
PART II.
CONSTITUTION OF THE GRAIN HANDLING AUTHORITY.
7 . ( 1 ) There is hereby constituted a corporation under
the corporate name of the "Grain Handling Authority of
New South Wales".
(2) The Authority—
(a)
shall have and may exercise the functions con ferred or imposed on it by or under this or any other Act;
(b)
shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown; and
(c) shall, in the exercise of its functions (except in relation to the contents of a report or recom mendation made by it to the Minister), be sub ject to the control and direction of the Minister.
(3) The Authority shall consist of 11 members appointed by the Governor, of whom—
(a) 1 shall be appointed as the Managing Director of the Authority;
SCHEDULE 1—continued.
A M E N D M E N T S TO THE GRAIN ELEVATORS A C T , 1954—continued.
(b)
3 shall be appointed to represent wheatgrowers in New South Wales and shall be nominated by the Minister;
(c)
3 shall be appointed to represent wheatgrowers in New South Wales and shall be elected in accordance with the regulations;
(d)
1 shall be a member of the Public Service Asso ciation of New South Wales and shall be elected in accordance with the regulations;
(e)
1 shall be a member of the Australian Workers' Union, New South Wales Branch, and shall be elected in accordance with the regulations; and
(f) 2 shall be persons nominated by the Minister.
(4) One of the members (other than the Manag ing Director) shall, by the instrument of his appointment or by another instrument executed by the Governor, be appointed as Chairman of the Authority and another of them as Deputy Chairman of the Authority.
(5) Schedule 1 has effect with respect to the con stitution and procedure of the Authority.
(6) Sections 38 and 39 of the Interpretation Act, 1897, apply in respect of the Authority as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969. 8. (1) The Managing Director—
(a)
is subject to the control and direction of the Authority;
S C H E D U L E 1—continued.
| A M E N D M E N T S | TO THE GRAIN | ELEVATORS | A C T , | 1954—cont inued. |
(b) is responsible, as the chief executive officer of the Authority, for the management of the affairs of the Authority subject to and in accordance with any directions given to him by the Authority;
(c)
subject to any limitations or restrictions specified in regulations made for the purposes of this para graph, shall have and may exercise such of the Authority's functions under this or any other Act as may be so specified;
(d)
shall have and may, subject to and in accordance with section 5 5 , exercise any functions dele gated to him under that section; and
(e)
shall have and may exercise such other functions as are conferred or imposed on him by or under this or any other Act.
(2) Nothing in this section limits or restricts the
exercise by the Authority of any of its functions.
(6 ) Part III, heading—
Omit "BOARD", insert instead "AUTHORITY" .
| (7 ) | (a) | Parts I I I - V I — |
Omit "Board" wherever occurring (except in the ex pression "Australian Wheat Board" and where secondly occurring in section 23 (1) and section 55
( 1 ) ) , insert instead "Authority".
(b) Section 33 ( 1 ) —
Omit "Board's", insert instead "Authority's".
SCHEDULE 1—continued.
A M E N D M E N T S TO THE GRAIN ELEVATORS A C T , 1954—cont inued.
( 8 ) Part IV, h e a d i n g -
Omit the heading, insert instead :—
FUNCTIONS OF THE AUTHORITY.
( 9 ) Section 1 2 ( 2 ) , ( 3 ) — At the end of section 1 2 , insert : —
( 2 ) The Authority shall, in the exercise of its functions in relation to wheat, have the following objectives :—
(a) to store wheat as quickly as possible after it is harvested;
(b) to hold wheat in its charge secure, uncontamin- ated and, where the Authority considers it ap propriate to do so, separated, according to different varieties or grades of wheat, until it is required for delivery;
(c) to ensure that wheat is transported as efficiently as possible from the place where it is stored to
domestic purchasers or to terminal ports;
(d) to exercise its functions at minimum cost con sistent with—
(i) a satisfactory level of service to wheat-
growers and to purchasers of wheat;
and(ii) the provision of satisfying and secure
employment for the servants of the
Authority.
S C H E D U L E 1—continued.
| A M E N D M E N T S | TO THE GRAIN | ELEVATORS A C T , | 1954—cont inued. |
(3) The Authority shall, in the exercise of its functions in relation to grains other than wheat, have the same objec tives as it has under subsection (2) in relation to wheat, but shall not exercise its functions in relation to grains other than wheat in a way that interferes with the exercise of its functions in relation to wheat.
| (10) | (a) Section 23 ( 1 ) — |
Omit "exercise or discharge by the Board of its powers, authorities, duties and functions", insert instead "exercise by the Authority of its functions".
(b) Section 23 ( 1 A ) — Omit "performance of the duties and functions", insert instead "exercise of the functions".
(11) Part V. Division 1. heading—
Omit "Board", insert instead "Authority".
| (12) | Section 5 0 — |
Omit the section.
(13) Section 52—
Omit "Chairman", insert instead "Managing Director or by any servant of the Authority authorised to do so by the Authority".
SCHEDULE 1—continued.
A M E N D M E N T S TO THE GRAIN ELEVATORS A C T , 1954—cont inued.
( 1 4 ) Section 5 5 ( 1 ) — Omit "authorities, powers, duties or functions of the Board (other than this power of delegation) as may be prescribed and", insert instead "functions of the Authority (other than this power of delegation)".
( 1 5 ) Section 5 7 ( 1 ) ( k 1 ) — Omit the paragraph.
( 1 6 ) Schedule 1 —
At the end of the Act, insert :—
S C H E D U L E 1.
C O N S T I T U T I O N AND P R O C E D U R E O F T H E A U T H O R I T Y . 1. ( 1 ) T h e regulations may, subject to this Act, make provision
for or with respect to the election of persons for appointment as
the members referred to in section 7 ( 3 ) ( c ) - ( e ) . (2) T h e Electoral Commissioner for N e w South Wales, or a
person employed in the office of the Electoral Commissioner and nominated by him, shall be the re turning officer for an election, and shall have and may exercise the functions conferred or imposed on
the re turning officer by the regulations in relation to the election. (3 ) The regulations made for the purposes of the election of the persons for appointment as the members referred to in section 7 (3 ) (c) shall make provision for the division of the State into 3 electoral districts and for one person to be elected from each electoral district. (4 ) The persons entitled to vote in accordance with the
regulations at an election of a person for appo in tmen t—
(a) as a member referred to in section 7 (3) (c)—shall be wheatgrowers having such qualifications as may be pre
scribed;
S C H E D U L E 1—continued.
| A M E N D M E N T S | TO THE GRAIN | ELEVATORS | A C T , | 1954—cont inued. |
(b) as a member referred to in section 7 (3) (d)—shall be servants of the Author i ty having such qualifications as
may be prescribed; or(c) as a member referred to in section 7 (3) (e)—shall be servants of the Author i ty having such qualifications as
may be prescribed.
(5) A person may be, at the same t ime, both a member
referred to in section 7 ( 3 ) ( d ) or (e) and a servant of the
Author i ty .
(6 ) If a member referred to in section 7 (3 ) ( d ) or (e ) is a
servant of the Authori ty , nothing in any law, rule, direction or other
requirement t h a t — (a ) is applicable to h im in his capacity as such a servant; and (b) would not be so applicable if he were not such a servant,
operates so as to prevent or restrict the exercise by him of any of
his functions as a member .2. A person who is of or above the age of 65 years is not eligible for appointment as a member , or to act in the office of a member under clause 9.
3. (1 ) A member (other than a member referred to in section 7 (3 ) ( c ) - ( e ) ) shall, subject to this Act, hold office for such term, not exceeding 5 years, as is specified in the instrument of his appointment . (2) A member referred to in section 7 (3 ) ( c ) - ( e ) shall, subject to this Act, hold office for such term, not exceeding 3 years, as is specified in the instrument of his appointment .
(3 ) A member is, if otherwise qualified, eligible for re-appoint ment from time to time.
S C H E D U L E 1—continued.
A M E N D M E N T S TO THE GRAIN ELEVATORS A C T , 1954—cont inued. 4. (1 ) On the occurrence of a vacancy in the office of a member , the office shall, as soon as pract icable, be filled so that the Author i ty is constituted in accordance with section 7 ( 3 ) , unless the vacancy is in the office of a member referred to in section 7 (3 ) ( c ) - ( e ) and occurred within 6 months before the office was due to become vacant .
(2 ) Noth ing in subclause ( 1 ) affects the operat ion of clause 9 pending the filling of a vacancy.
5. The Managing Director shall devote the whole of his t ime to
the duties of his office.
6. (1 ) In this clause, " m e m b e r " does not include the Managing Director .
(2 ) The office of a member shall, for the purposes of any Act,
be deemed not to be an office or place of profit under the Crown.
(3 ) Where , by or under any Act, provision is made requiring the holder of an office specified therein to devote the whole of his t ime to the duties of his office, that provision does not operate to disqualify him from holding that office and also the office of a member or from accepting and retaining any remunera t ion payable to h im as a member .
7. (1) The Managing Director is entitled to be paid—
(a) remuneration in accordance with the Statutory and Other Offices Remunerat ion Act, 1975; and
(b)
such travelling and subsistence allowances as the Minister may from time to time determine in respect of him.
(2 ) A member (other than the Managing Direc tor ) is entitled
to be paid such remunerat ion (including travelling and subsistenceallowances) as the Minister may from time to time determine in
respect of him. S C H E D U L E 1—continued.
| A M E N D M E N T S | TO THE GRAIN | ELEVATORS | A C T , | 1954—cont inued. |
8. The provisions of the Public Service Act, 1979, do not apply to
or in respect of the appointment of any person as a member , and a person is not, in his capacity as a member , subject to those provisions.
9. (1 ) The Minister may, by writing under his hand , appoint a person (o ther than the Managing Direc tor ) to act in the office of a member while the member is absent from his office through illness or any other cause or where there is a vacancy in the office of the member , and the person so appointed, while so acting, shall have and may exercise the functions of the member in whose office he is appointed to act.
( 2 ) A member (other than the Managing Direc tor ) is, for the purposes of subclause ( 1 ) , absent from and not entitled to exercise the functions of his office as such a member while he is acting in the office of the Managing Director pursuant to that subclause.
(3 ) N o person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the office of a member and all acts or things done or omitted to be done by the person appointed under this clause, while so acting, shall be as valid and effectual and shall have the same consequences as if they had been done or omit ted by the member .
10. (1 ) A member shall be deemed to have vacated his office—
(a) if he dies; (b) if, not being the Managing Director, he is absent from 4 consecutive meetings of the Authority of which reason able notice has been given him either personally or in the ordinary course of post, except on leave granted by the Authority before the expiration of 4 weeks after the last
of those meetings;
(c) if. being the Managing Director, he absents himself from duty for a period of 14 consecutive days except on leave granted by the Minister, unless his absence is occasioned by illness or other unavoidable cause:
S C H E D U L E 1—continued.
A M E N D M E N T S TO THE GRAIN ELEVATORS A C T , 1954—cont inued.
(d) if, being the Managing Director, he engages in any paid employment outside the duties of his office;
(e) if he becomes a bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes any assignment of his remunera t ion or allowances as a member , or of his estate, for their benefit;
(f) if he becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Menta l Health Act, 1958, or a person under detention under Par t VII of that Act;
(g) if he is convicted in New South Wales of a crime or offence punishable by imprisonment for 12 months or upwards or if he is convicted elsewhere than in N e w South Wales of a crime or offence which if committed in N e w South Wales would be a crime or offence so punishable;
(h) if he resigns his office by writing under his hand addressed to the Minister and the Minister accepts the resignation;
( i ) if, being a member referred to in section 7 (3 ) (d ) or ( e ) ,
he ceases to hold the qualification by virtue of which he
was appointed;(j) if he is removed from office by the Governor pursuant to
subclause ( 2 ) ; (k) if, being the Managing Director, he is retired from office by the Governor pursuant to subclause ( 3 ) ; or
(1) upon his attaining the age of 65 years. (2) The Governor may, for any cause which appears to him sufficient, remove a member from office.
(3 ) The Managing Director may be retired from office by the Governor after he attains the age of 60 years and before he attains the age of 65 years and, if he is so retired, he is entitled to such compensation (if any) as the Statutory and Other Offices Remunerat ion Tribunal determines.
S C H E D U L E 1—continued.
| A M E N D M E N T S | TO THE GRAIN | ELEVATORS | A C T , | 1954—cont inued. |
11. (1 ) In this c lause—
"statutory body" means any body declared under clause 13
to be a statutory body for the purposes of this Schedule;
"superannuat ion scheme" means a scheme, fund or arrange
ment under which any superannuat ion or ret irementbenefits are provided and which is established by or under
any Act . (2 ) Subject to subclause (3 ) and to the terms of his appoint
ment , where the Managing Director was, immediately before his
appointment as the Managing Di rec to r— (a ) an officer of the Public Service;
(b ) a contributor to a superannuat ion scheme;(c ) an officer employed by a statutory body; or
(d) a person in respect of whom provision was made by any Act that he retain any rights accrued or accruing to him as an officer or employee,
h e —
(e) shall retain any rights accrued or accruing to him as such an officer, contr ibutor or person; (f) may continue to contribute to any superannuation scheme
to which he was a contributor immediately before his
appointment ; and (g) shall be entitled to receive any deferred or extended leave and any payment , pension or gratuity,
as if he had continued to be such an officer, contr ibutor or person during his service as the Managing Director , a n d —
(h) his service as the Managing Director shall be deemed to be service as an officer or employee for the purpose of any law under which those rights accrued or were accru ing, under which he continues to contr ibute or by which that entitlement is conferred; and
(i) he shall be deemed to be an officer or employee, and the
Government of N e w South Wales shall be deemed to be his employer, for the purpose of the superannuat ion scheme to which he is entitled to contr ibute under this clause.
S C H E D U L E 1—continued.
A M E N D M E N T S TO THE GRAIN ELEVATORS A C T , 1954—cont inued. (3 ) If the Managing Director would, but for this subclause, be entitled under subclause (2 ) to contr ibute to a superannuat ion scheme or to receive any payment , pension or gratuity under that scheme he shall not be so entitled upon his becoming (whether upon his appointment as the Managing Director or at any later t ime while he holds office as the Managing Director) a contr ibutor to any other superannuat ion scheme, and the provisions of subclause (2 ) ( i) cease to apply to or in respect of h im and the Government of N e w South Wales in any case where he becomes a contr ibutor to such another superannuat ion scheme.
(4) Subclause (3 ) does not prevent the payment to the Managing Director upon his ceasing to be a contr ibutor to a super annuat ion scheme of such amount as would have been payable to him if he had ceased, by reason of his resignation, to be an officer or employee for the purposes of that scheme.
(5 ) The Managing Director shall not, in respect of the same period of service, be entitled to claim a benefit under this Act and another Act.
12. (1 ) In this c lause—
"retiring age" m e a n s —
(a) in relation to a person who was, immediately before his appointment as the Managing Director,
an officer of the Public Service—the age of 60 years; and
(b) in relation to a person who was, immediately before his appoin tment as the Managing Director , an officer or employee of a statutory body—the age at which officers or employees (being officers or employees of the class to which that person be longed immediately before his appointment as the Managing D i r ec to r ) , as the ease may be, of that statutory body arc entitled to retire:
"statutory body" means any body declared under clause 13 to
be a statutory body for the purposes of this Schedule.
S C H E D U L E 1—continued.
| A M E N D M E N T S | TO THE GRAIN | ELEVATORS | A C T , | 1954—cont inued. |
(2) A person who ceases to be the Managing Director , otherwise than pursuant to clause 10 (subclause (1 ) ( h ) excep ted) , shall, if he has not attained the retiring age, be entitled to be appointed, where, immediately before his appointment as the Man aging Director, he w a s —
(a) an officer of the Public Service—to some position in the Public Service; or
(b) an officer or employee of a statutory body—to some position in the service of that body,
not lower in classification and salary than that which he held
immediately before his appointment as the Managing Director .13. The Governor may, by proclamation published in the Gaz ette, declare any body constituted by or under any Act to be a statutory body for the purposes of this Schedule.
14. (1 ) The number of members which shall constitute a quorum at any meeting of the Authori ty is 6.
(2 ) Any duly convened meeting of the Authori ty at which a quorum is present is competent to transact any business of the Authori ty.
15. (1) The Cha i rman of the Author i ty shall preside at all meetings of the Authori ty at which he is present.
(2) If the Chai rman of the Authori ty is not present at a meeting of the Authori ty, the Deputy Cha i rman of the Authori ty shall preside at the meeting if he is present.
(3) If both the Chai rman and Deputy Chai rman of the Authority are not present at a meeting of the Authori ty , a mem ber elected by the members present from among themselves shall preside at that meeting.
S C H E D U L E 1—continued.
A M E N D M E N T S TO THE GRAIN ELEVATORS A C T , 1954—cont inued. 16. T h e procedure for the calling of, and for the conduct of business at, meetings of the Author i ty shall, subject to any pro cedure that is specified in this Act or prescribed, be as determined by the Authori ty .
17. (1 ) Questions arising at any meeting of the Authori ty shall be determined by a majority of votes of the members present and voting.
(2 ) In the event of an equality of votes at any meeting of the Authori ty , the person presiding at the meeting shall have, in addition to a deliberative vote, a second or casting vote.
18. The Authori ty shall cause full and accurate minutes of the proceedings at its meetings to be kept, and shall submit to the Minister a copy of the minutes of each meeting within 7 days after the date on which the meeting is held.
19. A person who is for the time being authorised in writing by the Minister to do so may attend and participate at any meeting of the Authori ty, but shall not be entitled to vote on any question arising at any such meeting.
20. N o matter or thing done, and no contract entered into, by the Authori ty , and no mat ter or thing done by a member of the Authori ty or by any other person acting under the direction or delegation of the Authori ty shall, if the matter or thing was done or the contract was so entered into, in good faith, for the purposes of executing this or any other Act conferring or imposing functions upon the Author i ty subject the member or person personally to any action, liability, claim or demand .
S C H E D U L E 2.
SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS.
1. (1 ) In this Schedule, "appointed day" means the day appointed and notified under section 2 ( 2 ) .
( 2 ) Expressions used in this Schedule shall, except in so far as the context or subject-matter otherwise indicates or requires, have the same meanings respectively as in the Gra in Handl ing Act, 1954.
2. (1 ) A person who, immediately before the appointed day, held office as a member of the The Grain Elevators Board of New South W a l e s —
(a ) shall cease to hold office as such on the appointed day;
(b ) except in the case of the Cha i rman , is not entitled to any remuner ation or compensat ion by reason of his so ceasing to hold that office; and (e) is eligible, if otherwise qualified, to be appointed as a member of the Authori ty.
(2 ) If the Cha i rman of The Grain Elevators Board of New South Wales ceases to hold office pursuant to subclause ( 1 ) , he is entitled to such compensat ion (if any) as the Statutory and Other Offices Remunera t ion Tribunal determines.
3. (1 ) Notwithstanding anything to the contrary in the Gra in Handl ing
Act, 1954. the Minister may, pending an election of a person for appoint
ment as a member referred to in section 7 (3 ) ( c ) - ( e ) of that Act,
nominate a person for that appointment .
(2 ) A person nominated by the Minister under subclause (1 ) shall, for the purposes of the Grain Handl ing Act, 1954, be deemed to have been elected in accordance with the regulations under that Act.
(3 ) A person is not eligible to be nominated by the Minister under subclause (1 ) if—
(a)
in the case of a person nominated for appointment as a member referred to in section 7 (3 ) (c) of the Grain Handl ing Act, 1954 —he is not a wheatgrower;
S C H E D U L E 2—cont inued .
SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS—con t inued .
(b) in the case of a person nominated for appointment as the member referred to in section 7 (3 ) (d ) of that Ac t—he is not a member
of the Public Service Association of New South Wales; or(c) in the case of a person nominated for appointment as the member referred to in section 7 (3 ) (e) of that Act—he is not a member
of the Australian Workers ' Union, New South Wales Branch.(4 ) A member nominated under this clause shall, subject to the Grain Handling Act, 1954, hold office until his successor is elected and appointed in accordance with that Act.
4. On and from the appointed day. a reference in any Act (other than this Ac t ) or in any statutory instrument or in any other document , whether of the same or a different k ind—
(a) to the Grain Elevators Act, 1954, shall be construed as a reference to the Gra in Handling Act. 1954; and
(b) to The Grain Elevators Board of New South Wales shall be construed as a reference to the Grain Handling Authority of New
South Wales.5. The corporat ion constituted by section 7 (1) of the Grain Handling Act. 1954. with the corporate name of the "Gra in Handling Authority of New South Wales" is a continuation of. and the same legal entity as. the corporat ion constituted by the Grain Elevators Act. 1954. as in force
Grain Elevators Board of New South Wales". immediately before the appointed day. with the corporate name of "The 6. The purpor ted appointment pursuant to section 7 (5) ( e l ) (ii) of the Grain Elevators Act. 1954. as in force immediately before the appointed day, of Leonard Maxwell Ridd. John William Tanswell . Harold Noel Balcomb and Milton Wallace Taylor as members of The Grain Elevators Board of New South Wale" —
(a ) for a term of 6 months commencing on 6th November , 1979; (b ) for a term of 6 months commencing on 6th May. 1980: and
S C H E D U L E 2—cont inued.
SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS—cont inued . (c) for a term of 3 months commencing on 6th November , 1980,
shall be deemed to be and be deemed always to have been valid, subject to the appointment for the term of 3 months commencing on 6th Novem ber, 1980, being deemed to have been an appointment for a term com mencing on 6th November , 1980, and ending on the appointed day.
7. (1 ) The Governor may make regulations containing other provisions
of a savings or transitional nature consequent on the enactment of this Act.
(2 ) A provision made under subclause (1) may take effect as from the appointed day or a later day.
(3 ) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazet te , the provision does not operate so a s —
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the S ta te ) , the rights of that person existing before the date of its publication therein; 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 therein.
(4 ) A provision made under subclause (1) shall, if the regulations under this clause so provide, have effect notwithstanding any other clause of this Schedule.
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