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ADVOCATE FOR CHILDREN AND YOUNG PEOPLE ACT 2014 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

Part 1 - Regulations

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, 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.
(4) Any such provision has effect despite anything to the contrary in this Schedule.
(5) The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.

Part 2 - Provisions consequent on enactment of this Act

2 Definitions

In this Part--

"Commission" means the Commission for Children and Young People constituted by the former Act.

"Commissioner" means the Commissioner for the Commission for Children and Young People appointed under the former Act.

"former Act" means the Commission for Children and Young People Act 1998 , as in force before its repeal by this Act.

3 Abolition of Commission

(1) On the commencement of this clause--
(a) the Commission is abolished, and
(b) any assets, rights and liabilities of the Commission become the assets, rights and liabilities of the Crown.
(2) In this clause--

"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.

"liabilities" means all liabilities, debts and obligations (whether present or future and whether vested or contingent).

"rights" means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).

4 Commissioner

(1) On the commencement of this clause, the person who, immediately before that commencement, held office as the Commissioner of the Commission ceases to hold that office.
(2) A person who, under this clause, ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.

5 References to Commission or Commissioner

A reference in any other Act or in an instrument made under an Act or in any other document to the Commission or to the Commissioner is to be construed as a reference to the Advocate for Children and Young People.

6 Continuation of membership of Youth Advisory Council

(1) A person who holds office as an appointed member of the Youth Advisory Council established under the Youth Advisory Council Act 1989 immediately before the repeal of that Act (the
"former Council" ) is taken to be appointed as a member of the Youth Advisory Council established under this Act for the remainder of the term for which the person was so appointed.
(2) A reference in subclause (1) to an appointed member of the former Council includes a reference to the Chair or Deputy Chair of the former Council.

7 Continuation of existing Parliamentary Joint Committee

On the commencement of Part 7 of this Act, the joint committee of members of Parliament appointed under Part 6 of the Commission for Children and Young People Act 1998 (as in force immediately before its repeal by this Act) is taken to be appointed as the Committee on Children and Young People under this Act.



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