1Transitional, savings, and related provisions Empowered by s 6
1Provisions relating to this Act as enacted
Provisions relating to contracts privity
1Application of subpart relating to contracts privity
Subpart 1 of Part 2 applies to any promise, contract, or deed made on or after 1 April 1983.
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2Section 7 of Property Law Act 1952 continues to apply to deed made before 1 April 1983
Section 7 of the Property Law Act 1952 continues to apply, despite its repeal by section 13 of the Contracts (Privity) Act 1982, in respect of any deed made before 1 April 1983.
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Provisions relating to contractual mistakes
3Application of subpart relating to contractual mistakes
Subpart 2 of Part 2 applies to any contract made on or after 21 November 1977.
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Provisions relating to contractual remedies
4Application of subpart relating to contractual remedies
Subpart 3 of Part 2 applies to any contract made on or after 1 April 1980.
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Provisions relating to frustrated contracts
5Application of subpart relating to frustrated contracts
Subpart 4 of Part 2 applies to any contract regardless of whether it is made before or after the commencement of this Act.
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Provisions relating to illegal contracts
6Application of subpart relating to illegal contracts
Subpart 5 of Part 2 applies to any contract regardless of whether it is made before or after the commencement of this Act.
However, nothing in section 73 or 74 applies to any contract made before 1 December 1970.
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Provisions relating to minors’ contracts
7Application of subpart relating to minors’ contracts
Subpart 6 of Part 2 applies to any contract made, compromise or settlement agreed to, or discharge or receipt given on or after 1 January 1970.
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8Money held on trust
Money that, immediately before the commencement of this Act, is held on trust under section 12(4) of the Minors’ Contracts Act 1969 must be treated as if it were money held on trust under section 108.
9Variation of orders referred to in section 13 of Minors’ Contracts Act 1969
Despite its repeal, section 13 of the Minors' Contracts Act 1969 continues to apply to any order referred to in that section as if this Act had not been enacted.
However, a court may vary an order made by it under section 12 of the Minors' Contracts Act 1969 under section 111 as if it were an order made under sections 103 to 109.
Provisions relating to sale of goods
10Application of sale of goods provisions
Part 3 applies to any contract of sale of goods regardless of whether it is made before or after the commencement of this Act.
Provisions relating to carriage of goods
11Application of carriage of goods provisions
Subpart 1 of Part 5 applies to any carriage of goods performed or to be performed by a carrier under a contract regardless of whether the contract is made before or after the commencement of this Act.
Provisions relating to subparts 2 to 5 of Part 5
12Application of subpart relating to mercantile agents
Subpart 2 of Part 5 applies to any sale, pledge, or other disposition regardless of whether it is made before or after the commencement of this Act.
13Application of subpart relating to bills of lading, sea waybills, and ship’s delivery orders
Subpart 3 of Part 5 applies to any bill of lading, sea waybill, or ship’s delivery order (as defined in that subpart) regardless of whether it is issued or given before or after the commencement of this Act.
14Application of subpart relating to delivery of goods and lien for freight
Subpart 4 of Part 5 applies in relation to goods that are, or are to be, entered or landed on or after the commencement of this Act.
15References include references to former provision
For the purposes of section 318, a reference to the previous operation of section 314 includes a reference to the previous operation of section 13B(1) of the Mercantile Law Act 1908.
16Application of subpart relating to lien for work done
Subpart 5 of Part 5 applies to any lien of a kind referred to in section 341 that came into effect on or after 1 July 1988.
Despite its repeal, section 2(3) of the Wages Protection and Contractors’ Liens Act Repeal Act 1987 continues to apply in respect of every matter to which that subsection applied immediately before the repeal of that Act as if this Act had not been enacted.
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Other transitional provisions
17Changes in legal effect do not apply to existing contracts or other arrangements
The changes to the effect of the law in relation to the matters identified in Schedule 2 do not apply to the following (and, accordingly, the effect of the law as expressed in the enactments repealed by this Act continues to apply in relation to those matters):
- any promise, contract, or deed made before the commencement of this Act:
- any compromise or settlement agreed to, or discharge or receipt given, before the commencement of this Act:
- any carriage of goods performed or to be performed by a carrier under a contract made before the commencement of this Act:
- any sale, pledge, or other disposition made before the commencement of this Act:
- any bill of lading, sea waybill, ship’s delivery order, warrant, or certificate issued or given before the commencement of this Act:
- any lien of a kind referred to in section 341 that came into effect before the commencement of this Act.
18Effect of repeal of revised Acts
Nothing in this schedule limits sections 17 to 22 of the Interpretation Act 1999 (for example, the repeal of an Act by this Act does not affect the validity, invalidity, effect, or consequences of anything done or suffered, the previous operation of the repealed Act, or the bringing or completion of proceedings that relate to an existing right, interest, title, immunity, or duty).
19References to repealed enactment
A reference in a document to an Act referred to in section 345, or to a provision of such an Act that is repealed by this Act, must, unless the context otherwise requires, be treated as a reference to this Act or to a provision of this Act that, with or without modification, replaces, or that corresponds to, the repealed provision.
In this clause, document—
- means any instrument, register, record, notice, or other document that is made, given, passed, or executed before the commencement of this Act; but
- does not include an enactment.