Public Notaries Act 1997 – Schedule 1 – Clause 2 Regulations

The second clause of the First Schedule of the Public Notaries Act 1997 (NSW) addresses issues relating to the operation of any Regulations that are passed. Under section 16 of the Act, the Governor has the power of make Regulations within certain limits. This clause of the Schedule reads as follows:

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

this Act
Legal Profession Amendment Act 2005

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day
(3) To the extent to which any such provision takes effect from 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 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.

Clause 2(1) merely allows the Regulations to contain various and relevant provisions the purpose of which is to manage the transition of any amendments to the legal scheme under the Regulations so that they transition into practice.

Clause 2(2) states that provisions under the Regulations can be binding from the date of the commencement of the Act, even if those Regulations have been created at a later date than the commencement of the Act. This imports a retrospective effect of Regulations which may lead to certain complications and injustice.

Clause 2(3) cures any injustice that the provisions of clause 2(2) may give rise to, by limiting the operation of any retrospective provisions on individuals, if the retrospective impact on that individual would be “prejudicial” or “impose liabilities” on that individual. This part of clause 2 has been drafted no doubt with the interests of justice in mind.

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The descriptive information published on this website is based on reprint No. 1 (9.5.2006) of the Public Notaries Act 1997 (NSW) as in force on 17.7.2009. This brief article is published and intended to be used for general knowledge purposes only and is under no circumstances to be considered to be legal advice. This short article is copyright to the writer.