Savings and transitional provisions
Schedule 5 Savings and transitional provisions
Section 43
1. Interpretation In this Schedule –
commencement day means the day on which section 2(1) of this Act commences;
Commission means the Forestry Commission in existence immediately before the commencement of the Forestry Amendment (Forestry Corporation) Act 1994;
Council means the Private Forestry Council in existence immediately before the commencement day;
Forestry Act means the Forestry Act 1920 as in force immediately before the commencement of the Forestry Amendment (Forestry Corporation) Act 1994.
commencement day means the day on which section 2(1) of this Act commences;
commencement day
Commission means the Forestry Commission in existence immediately before the commencement of the Forestry Amendment (Forestry Corporation) Act 1994;
Commission
Council means the Private Forestry Council in existence immediately before the commencement day;
Council
Forestry Act means the Forestry Act 1920 as in force immediately before the commencement of the Forestry Amendment (Forestry Corporation) Act 1994.
Forestry Act
2. Property and rights On the commencement day the property and rights of the Council vest in the Authority and the liabilities of the Council become the liabilities of the Authority.
3. Contracts and agreements, &c. On and after the commencement day –
any contract or agreement entered into by the Council and in force immediately before that day is taken to be a contract or agreement entered into by the Authority; and
any agreement entered into by the Commission under Division II of Part IIA or under Part IIB of the Forestry Act and in force immediately before that day is taken to be an agreement entered into by the Authority; and
the Authority may exercise any power that the Commission could have exercised in relation to an agreement referred to in paragraph (b) as if Parts IIA and IIB of the Forestry Act had not been repealed; and
a forestry loan guarantee given by the Commission under Division II of Part IIA of the Forestry Act and in force immediately before that day is taken to have been given by the Authority; and
a covenant entered into under Division II of Part IIA of the Forestry Act and in force immediately before that day is enforceable by the Authority in the same manner as it would have been enforceable by the Commission if that Part had not been repealed; and
any money that, immediately before that day, was payable to the Commission in respect of advice or assistance rendered by the Commission to any person under section 12Q of the Forestry Act is taken to be money payable to the Authority.
4. Legal proceedings
On and after the commencement day, legal proceedings instituted by or against the Commission in respect of any matter arising under Part IIA or IIB of the Forestry Act before, and pending on, the commencement day may be continued by or against the Authority.
Any legal or other proceedings which may, before the commencement day, have been instituted or continued by or against the Commission in respect of any matter arising under Part IIA or IIB of the Forestry Act may, on and after that day, be instituted or continued by or against the Authority.
On and after the commencement day, a judgment or order of a court obtained in legal proceedings by or against the Commission in respect of any matter arising under Part IIA or IIB of the Forestry Act may be enforced by or against the Authority.
5. References to Council, &c. On and after the commencement day –
a reference to the Council in any law or in any contract, award or other instrument in force immediately before that day and to which the Council was a party is taken to be a reference to the Authority; and
a document addressed to and purporting to be served on the Council is taken to be served on the Authority.
6. Accounts An account maintained by or in the name of the Commission immediately before the commencement day that relates to any matter arising under Part IIA or IIB of the Forestry Act is, on and after that day, taken to be maintained by or in the name of the Authority.
7. Acts, &c., done by or to Council All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Council or to the Commission in respect of any matter arising under Part IIA or IIB of the Forestry Act before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Authority.
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