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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
COMMERCIAL ARBITRATION
(CONSEQUENTIAL AMENDMENTS) BILL 2010
__________
CONTENTS
1. Short title
2. Commencement
3. Effect of certain consequential amendments
4. Repeal of Act
5. Consequential amendments
Schedule 1 - Consequential Amendments
[Bill 51]-I
2
COMMERCIAL ARBITRATION
(CONSEQUENTIAL AMENDMENTS) BILL 2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
16 November 2010
(Brought in by the Minister for Justice, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to amend certain legislation consequent on the
enactment of the Commercial Arbitration Act 2010
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Commercial
Arbitration (Consequential Amendments) Act
2010.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 51] 3
Commercial Arbitration (Consequential Amendments) Act 2010
Act No. of
s. 3
3. Effect of certain consequential amendments
The amendment by this Act of a provision of any
regulations, rules or by-laws made under any Act
does not prevent that provision or any other
provision of those regulations, rules or by-laws
from being amended or rescinded by any
subsequent regulations, rules or by-laws.
4. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
5. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
4
Commercial Arbitration (Consequential Amendments) Act 2010
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 5
Anglican Church of Australia Constitution Act 1973
1. Section 16(1)(a)(i) is amended by omitting
"arbitrator under the Commercial Arbitration Act
1986" and substituting "arbitral tribunal under
the Commercial Arbitration Act 2010".
Archives Act 1983
1. Section 13 is amended as follows:
(a) by omitting from subsection (6)(b)
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act
2010";
(b) by omitting from subsection (7)
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act
2010".
Associations Incorporation (Model Rules) Regulations 2007
1. Clause 34(1) of Schedule 1 is amended by
omitting "Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
5
Commercial Arbitration (Consequential Amendments) Act 2010
Act No. of
sch. 1
Boundary Fences Act 1908
1. Section 26 is amended by omitting "Commercial
Arbitration Act 1986" and substituting
"Commercial Arbitration Act 2010".
2. Section 35 is amended by omitting "arbitrators
by the Commercial Arbitration Act 1986" and
substituting "arbitral tribunals by the
Commercial Arbitration Act 2010".
Burial and Cremation Act 2002
1. Section 23(4) is amended as follows:
(a) by omitting "Commercial Arbitration Act
1986" and substituting "Commercial
Arbitration Act 2010";
(b) by omitting "submission" and
substituting "request for the dispute to be
referred to arbitration".
2. Section 29(3) is amended as follows:
(a) by omitting "Commercial Arbitration Act
1986" and substituting "Commercial
Arbitration Act 2010";
(b) by omitting "submission" and
substituting "request for the dispute to be
referred to arbitration".
6
Commercial Arbitration (Consequential Amendments) Act 2010
Act No. of
sch. 1
3. Section 31(4) is amended as follows:
(a) by omitting "Commercial Arbitration Act
1986" and substituting "Commercial
Arbitration Act 2010";
(b) by omitting "submission" and
substituting "request for the dispute to be
referred to arbitration".
Decimal Currency Act 1965
1. Section 2(2)(c) is amended as follows:
(a) by omitting "submission" and
substituting "request for a dispute to be
referred";
(b) by omitting "Commercial Arbitration Act
1986" and substituting "Commercial
Arbitration Act 2010".
Florentine Valley Paper Industry Act 1935
1. Section 3(1) is amended by omitting
"Commercial Arbitration Act 1986" from the
definition of "arbitration" and substituting
"Commercial Arbitration Act 2010".
2. Section 26A is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
7
Commercial Arbitration (Consequential Amendments) Act 2010
Act No. of
sch. 1
Land Acquisition Act 1993
1. Section 3(1) is amended by omitting "an
arbitrator under the Commercial Arbitration Act
1986" from the definition of "arbitrator" and
substituting "an arbitral tribunal under the
Commercial Arbitration Act 2010".
2. Section 42(1)(b) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
3. Section 83(3)(c) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
Nature Conservation Act 2002
1. Section 33 is amended by omitting the definition
of "arbitrator" and substituting the following
definition:
"arbitrator" means an arbitral tribunal within
the meaning of the Commercial
Arbitration Act 2010 and includes a
person nominated by the Forest Practices
Tribunal for the purpose of arbitrating
disputes under this Part;
8
Commercial Arbitration (Consequential Amendments) Act 2010
Act No. of
sch. 1
2. Section 40(3) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
3. Section 42(3) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010,
in accordance with that Act".
4. Section 43(1)(b) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
Rail Infrastructure Act 2007
1. Section 21(7)(b) is amended by omitting
"arbitrator in accordance with the Commercial
Arbitration Act 1986" and substituting "arbitral
tribunal, within the meaning of the Commercial
Arbitration Act 2010, in accordance with that
Act".
2. Section 25 is amended as follows:
(a) by omitting from subsection (3)
"arbitrator in accordance with the
Commercial Arbitration Act 1986" and
substituting "arbitral tribunal, within the
meaning of the Commercial Arbitration
Act 2010, in accordance with that Act";
9
Commercial Arbitration (Consequential Amendments) Act 2010
Act No. of
sch. 1
(b) by omitting from subsection (4)
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act
2010".
Supreme Court Civil Procedure Act 1932
1. Section 26(1) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
2. Section 27(4) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
Threatened Species Protection Act 1995
1. Section 47(2) is amended as follows:
(a) by omitting "submission" and
substituting "the dispute to be referred";
(b) by omitting "Commercial Arbitration Act
1986" and substituting "Commercial
Arbitration Act 2010".
Valuation of Land Act 2001
1. Section 32(1) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
10
Commercial Arbitration (Consequential Amendments) Act 2010
Act No. of
sch. 1
War Service Land Settlement Act 1950
1. Section 69(2) is amended as follows:
(a) by omitting "Commercial Arbitration Act
1986" and substituting "Commercial
Arbitration Act 2010";
(b) by omitting "to submit the matter to it for
arbitration" and substituting "that the
matter be referred to it for arbitration".
Water Management Act 1999
1. Section 22(2) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
2. Section 89(2) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
3. Section 116(3) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
4. Section 118 is amended as follows:
(a) by omitting from subsection (1)
"Commercial Arbitration Act 1986" and
11
Commercial Arbitration (Consequential Amendments) Act 2010
Act No. of
sch. 1
substituting "Commercial Arbitration Act
2010";
(b) by omitting from subsection (2)(b)
"arbitrator" and substituting "arbitral
tribunal".
5. Section 178(4) is amended as follows:
(a) by omitting from paragraph (b)
"arbitrator" and substituting "arbitral
tribunal";
(b) by omitting from paragraph (c)
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act
2010".
6. Section 280F(4) is amended by omitting
"Commercial Arbitration Act 1986" and
substituting "Commercial Arbitration Act 2010".
12 Government Printer, Tasmania