New South Wales Film Council (Dissolution) Act 1977 (NSW)

NEW SOUTH WALES FH.M COUNCH.

(DISSOLUTION) ACT, 1977

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Act No. 90,1977.

An Act to repeal the New South Wales Film Couneil Aet, 1974; and to amend the Miscellaneous Acts (Administrative Changes) Amendment Act (No. 2), 1975, and the New South Wales Film Corporation Act, 1977. [Assented to, 20th October, 1977.]

BE

Act No. 90, 1977.

New South Wales Film Council {Dissolution).

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 “New South Wales Film Short title.

Council (Dissolution) Act, 1977”.

2.      (1) Section 1 and this section shall commence on the Commence-

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 proelamation published in the Gazette.

3. The New South Wales Film Council Act, 1974, is Repeal ot

repealed. 42̂ 1974.

4. (1) In this section— Vesting of property

“appointed day” means the day appointed and notified of the Film

under section 2 ( 2 ) ; thr^brary

“Film CouncU” means the New South Wales Film Council constituted under the New South Wales Film Council Act, 1974;

“Library Council” means the Library Council of New South Wales constituted under the Library Act, 1939.

(2) On and from the appointed day—

(a) all real and personal property and all right and interest therein and all management and control thereof that, immediately before that day, was vested in or belonged to the Film Council shall vest in or belong to the Library Council;

(b)

Act No. 90, 1977.

New South Wales Film Council {Dissolution).

(b)	all debts, moneys and claims, liquidated and unliquidated, that, immediately before that day, were due or payable to, or recoverable by, the Film Council shall be debts due and moneys payable to and claims recoverable by the Library Council;
(c)	all suits, actions and proceedings pending immedi­ ately before that day at the suit of the Film Council shall be respectively suits, actions and proceedings pending at the suit of the Library Council and all suits, actions and proceedings so pending at the suit of any person against the Film Council shall be respectively suits, actions and proceedings pending at the suit of that person against the Library Council;
(d)	all contracts, agreements, arrangements and under­ takings entered into with and all securities lawfully given to or by the Film Council and in force immediately before that day shall be deemed to be contracts, agreements, arrangements and undertak ings entered into with and securities given to or b> the Library Council;
(e)	the Library Council may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of moneys and claims referred to in this subsection and for the prosecution of suits, actions and proceedings so referred to as the Film Council might have done but for the enactment of this Act;
(f)	the Library Council may enforce and realise any security or charge existing immediately before that day in favour of the Film Council and may exercise any powers thereby conferred on the Film Council as if the security or charge were a security or charge in favour of the Library Council;

(g)

Act No. 90, 1977.

New South Wales Film Council {Dissolution).

(g)	all debts, moneys and claims, liquidated and unliquidated, that, immediately before that day, were due or payable by, or recoverable against, the Film Council shall be debts due and moneys payable by and claims recoverable against the Library Council; and
(h)	all liquidated and unliquidated claims for which the Film Council would, but for the enactment of this Act, have been liable shall be liquidated and unliquidated claims for which the Library Council shall be liable.

(3) On and from the appointed day, a reference to the Film Council in any other Act or in any by-law, regula­ tion, statutory instrument or other document, whether of the same or of a different kind, shall be construed as a reference to the Library Council.

5.          The Miscellaneous Acts (Administrative Changes) Amendment

Amendment Act (No. 2), 1975, is amended in the manner

set forth in Schedule 1. ’

6. The New South Wales Film Corporation Act, 1977, is Amendment

amended by omitting from Schedule 5 to that Act the matter 55 "̂ 97̂ °"

relating to the New South Wales Film Council Act, 1974. ’

SCHEDULE

Act No. 90, 1977.

New South Wales Film Council (Dissolution).

Sec. 5. SCHEDULE 1.

Amendments to the Miscellaneous Acts

(Administrative Changes) Amendment Act (No. 2),

1975.

(1) Section 9—

Omit the section.

(2) (a) Section 12 (1) (a )—

At the end of the paragraph, insert “or”.

(b) Section 12 (1) (b )—

Omit “New South Wales; or”, insert instead

“New South Wales,”.

(c) Section 12 (1) (c)—

Omit the paragraph.

(d) Section 12 (2) (a )—

At the end of the paragraph, insert “or”.

fe) Section 12 (2) (b) (ii)—

Omit “1st June, 1977; or”, insert instead “1st

June, 1977,”.

(f) Section 12 (2) (c) —

Omit the paragraph.

(g) Section 12 (2) (d) (i)—

At the end of the subparagraph, insert “or”.

SCHEDULE

Act No. 90, 1977.

New South Wales Film Council (Dissolution).

SCHEDULE 1—continued.

Amendments to the Miscellaneous Acts (Administra­ tive Changes) Amendment Act (No. 2), 1975— continued.

(h) Section 12 (2) (d) (ii) (b )—

Omit “31st May, 1977; or”, insert instead “31st

May, 1977; and”.

(i) Section 12 (2) (d) (iii)—

Omit the subparagraph.

(j) Section 12 (3)—

After “1958,”, insert “or”.

(k) Seetion 12 (3)—

Omit “, or under section 4 of the New South

Wales Film Council Act, 1974”.