New South Wales Consolidated Acts

MULTICULTURAL NSW ACT 2000 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

(Section 26)

Part 1 - Preliminary

1 Definition

In this Schedule:

"former Act" means the Ethnic Affairs Commission Act 1979 .

2 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Community Relations Commission and Principles of Multiculturalism Amendment Act 2003

any other Act that amends this Act

(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, 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 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.

Part 2 - Provisions arising from enactment of this Act

3 Abolition of Ethnic Affairs Commission

(1) The Ethnic Affairs Commission constituted under the former Act is abolished.

(2) The Community Relations Commission is a continuation of, and the same legal entity as, the Ethnic Affairs Commission.

(3) A reference to the Ethnic Affairs Commission in any other Act, in any instrument made under any other Act or in any document is to be read as a reference to the Community Relations Commission.

4 Chairperson of Ethnic Affairs Commission

The person who held office as Chairperson of the Ethnic Affairs Commission immediately before its abolition by this Act is taken to have been appointed under Part 2 of the Public Sector Management Act 1988 as the full-time Chairperson of the Community Relations Commission for the balance of the person's term of office as Chairperson of the Ethnic Affairs Commission.

5 Commissioners (other than Chairperson) of Ethnic Affairs Commission

(1) A person who held office as a commissioner of the Ethnic Affairs Commission (other than the Chairperson) immediately before its abolition by this Act is taken to have been appointed under this Act as a part-time commissioner of the Community Relations Commission for the balance of the person's term of office as a commissioner of the Ethnic Affairs Commission.

(2) Any such person who also held office as the Deputy Chairperson of the Ethnic Affairs Commission immediately before its abolition by this Act is taken to have been appointed under this Act as the Deputy Chairperson of the Community Relations Commission.

(3) This clause has effect even though the number of persons taken to be appointed as commissioners of the Community Relations Commission exceeds the maximum number of commissioners permitted by this Act.

Part 3 - Provisions arising from enactment of the Multicultural NSW Legislation Amendment Act 2014

6 Community Relations Commission continued as Multicultural NSW

(1) Multicultural NSW is a continuation of, and the same legal entity as, the Community Relations Commission.

(2) A reference to the Community Relations Commission in any other Act, in any instrument made under any other Act or in any other document is to be read as a reference to Multicultural NSW.

7 Chairperson of Community Relations Commission

(1) The person who held office as Chairperson of the Community Relations Commission immediately before the commencement of this clause is taken to have been appointed as the Chairperson of the Advisory Board for the balance of the person's term of office as Chairperson of the Community Relations Commission.

(2) A reference to the Chairperson of the Community Relations Commission in any other Act, in any instrument made under any other Act or in any other document is to be read as a reference to the Chief Executive Officer of Multicultural NSW.

8 Commissioners of Community Relations Commission

(1) A person who held office as a commissioner of the Community Relations Commission immediately before the commencement of this clause is taken to have been appointed under this Act as a member of the Advisory Board for the balance of the person's term of office as a commissioner of the Community Relations Commission.

(2) Any such person who also held office as the Deputy Chairperson of the Community Relations Commission immediately before the commencement of this clause is also taken to have been appointed under this Act as the Deputy Chairperson of the Advisory Board for the balance of the person's term of office as the Deputy Chairperson of the Community Relations Commission.

(3) A person taken to have been appointed as the Deputy Chairperson of the Advisory Board under this clause is, in the absence of the Chairperson, to preside at a meeting of the Advisory Board. In the absence of both the Chairperson and the Deputy Chairperson, clause 4 (2) of Schedule 2 applies.

(4) A reference to a commissioner of the Community Relations Commission in any other Act, in any instrument made under any other Act or in any other document is to be read as a reference to a member of the Advisory Board.

9 Multicultural principles

A reference in any Act, in any instrument made under an Act or in any other document to the principles of multiculturalism (within the meaning of this Act immediately before the commencement of this clause) is to be read as a reference to the multicultural principles.