Sch 1Transitional provisions

Schedule 1—Transitional provisions

Section 76.

1 Definitions

In this Schedule—

commencement day means the day on which section 19 comes into operation;

former Act means the Criminal Injuries Compensation Act 1983 as in force immediately before its repeal;

former Tribunal means a Crimes Compensation Tribunal appointed under the former Act;

new Tribunal means the Victims of Crime Assistance Tribunal established by Part 3 of this Act.

2 Abolition of former Tribunals

On the commencement day—

(a) each former Tribunal is abolished and the person appointed to be the Tribunal goes out of office as the Tribunal;

(b) all rights, property and assets that, immediately before that day, were vested in a former Tribunal are, by force of this clause, vested in the new Tribunal;

(c) all debts, liabilities and obligations of a former Tribunal existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the new Tribunal;

(d) the new Tribunal is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which a former Tribunal was a party immediately before that day;

(e) the new Tribunal is, by force of this clause, substituted as a party to any contract or arrangement entered into by or on behalf of a former Tribunal as a party and in force immediately before that day;

(f) subject to this Act, any reference to a former Tribunal in any Act (other than this Act) or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 must, on and from that day, be construed as a reference to the new Tribunal, unless the context otherwise requires.

Sch. 1 cl. 3 amended by No. 46/1998
s. 7(Sch. 1).

3 Staff of former Tribunal

A person who, immediately before the commencement day, was a registrar or deputy registrar of a former Tribunal or of the former Tribunals becomes, on and from that day but subject to the Public Sector Management and Employment Act 1998, a registrar or deputy registrar of the new Tribunal, as the case requires.

4 Pending applications or matters

(1) An application that had been made under section 7, 25, 27 or 29 of the former Act, or a matter that was before a former Tribunal under section 28, 31 or 32 of that Act, but had not been finally determined as at the commencement day must continue to be dealt with in accordance with the former Act as if that Act had not been repealed.