Technical Education (Nullification of Proclamation) Act 1941 (NSW)

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TECHNICAL EDUCATION (NULLIFICATION

OF PROCLAMATION) ACT.

Act No. r>2, 1941.

An Act to

a certain proclamation published

George vr.

pursuant to the Technical Education Act, 1940; to amend the said Act in certain respects; to validate certain matters; and for purposes connected therewith. [As­ sented to, 7th November, 1941.]

TJE it enacted by the King's Most Excellent Majesty, J 3 by and with tlie advice and consent of tlie Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1.        (1) This Act may be cited as the “ Technical shorttitie.

Education (Nullification of Proclamation) Act, 1941.”

(2) This Act shall be doomed to have commenced on

the ninth day of Mav, 1941.

678                 Technical Education (Nullification of Proclamation)

Act.

Mo. 52, 1941.

(3) This Act shall be read and construed with the

Technical Education Act, 1940.

Nullifica­

2.

The proclamation published in the Government

tion of

proclama­

Gazette, No. 57, of the ninth day of May, 1941, pursuant

tion.

to section forty-one of the Technical Education Act, 1940, shall be and shall be deemed always to have been void and of no elfect:

Provided that—

(a)

any act, matter or thing done on or after the first day of July, one thousand nine hundred and forty-one, and before the date upon which the assent of His Majesty to this Act is signified (which date is in this proviso hereinafter referred to as the “ date of assent” ) by the Minister, the Superintendent of Technical Education, the Technical Education Board, a district council, the principal or any officer or emploj’ee, which would have been valid if this Act had not been enacted, is hereby validated; and

(b)

where, by reason of the operation of paragraph (a) of this proviso, any rights are acquired or any liabilities are incurred by a district council or by the Technical Education Board, the following provisions shall have effect:—

(i)  All moneys liquidated and unliquidated claims which, immediately before the date of assent, are payable to or recoverable by a district council or by the Technical Education Board shall be moneys liquidated and unliquidated claims payable to or recoverable by or on behalf of the Crown;

(ii)  All suits, actions and proceedings pending immediately before the date of assent at the suit of a district council or the Technical Education Board shall be suits, actions and proceedings pending at the suit of or on behalf of the Crown;

(iii).

Farmers’ Relief (Amendment) Act.

079

(iii)

The Crown or the person acting for or Ho. 52, iMl. same remedies for the recovery of any such moneys and claims and for the prosecution of such suits, actions and proceedings as the district council or the Technical Education Board might have done but for this Act

3. The Technical Education Act, 1940, is amended—

AmcndmcDt

(a)

by omitting from subsection one of section i;i),ju4C, ' notified by proclamation published in the Gazette” and by inserting in lieu thereof the words “ hy any Act passed after the date upon whicli the assent of IBs Ma.iosty to tlie Teclmieal lilducation (Nullification of Proclamation) Act, 1941, is signified” ;

(b) by omitting subsection five of the same section.

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