Savings and Transitional Provisions
Schedule 1 Savings and Transitional Provisions
Section 20
1. Savings provisions relating to repealed Act
A reference in an enactment or other instrument to the repealed Act is to be construed as a reference to this Act unless the contrary intention appears.
Except as provided expressly or by necessary implication in this Act –
all things and circumstances appointed or created by or under the repealed Act or existing or continuing under that Act immediately before the commencement day continue, subject to this Act, to have the same status, operation and effect as they respectively would have had if this Act had not been enacted; and
without limiting paragraph (a), this Act does not disturb the continuity of status, operation or effect of –
an order or decision of the court or of any other court; or any enquiry, proceeding, action, appeal, liability, right or other matter or thing made, done, issued, granted, given, existing or continuing under the repealed Act before the commencement day.
an order or decision of the court or of any other court; or
any enquiry, proceeding, action, appeal, liability, right or other matter or thing made, done, issued, granted, given, existing or continuing under the repealed Act before the commencement day.
If it is necessary or expedient to do so for the purposes of subclause (2), the Director may perform any function or exercise any power that, immediately before the commencement day, was vested in the Board.
Nothing in this clause derogates from section 16 of the Acts Interpretation Act 1931.
2. Saving for certain orders Where an order was in force under the repealed Act immediately before the commencement day suspending a person's registration as a valuer, the order has effect according to its tenor as if it were an order of the court prohibiting the person from carrying on, or from becoming a director of a body corporate carrying on, business as a land valuer for the period of the prohibition.
3. References to land valuers A reference in an Act or other instrument to a registered valuer is taken to be a reference to a land valuer acting lawfully under this Act.
4. Distribution of funds of Valuers Registration Board
As soon as practicable after the commencement day, the Valuer-General must pay the money standing to the credit of the Board to an account in the Special Deposits and Trust Fund.
The Valuer-General must, after taking into account any recommendations made by the Director or the Australian Property Institute, pay that money to any person or body so as best to foster and control the practice of land valuers.
5. Saving for appeals Where –
the appeal may be heard and determined by the Magistrates Court as if the decision of the Board were a decision of the Director.
the Board has imposed a penalty on a registered valuer under section 12 of the repealed Act following an inquiry under that section; and
the registered valuer was, immediately before the commencement day, entitled to appeal to the chairman of the Land Valuation Court under section 14 of the repealed Act –
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