Commercial Arbitration (Consequential Amendments) Act 2011
An Act to amend certain legislation consequent on the enactment of the Commercial Arbitration Act 2011
[Royal Assent 16 June 2011]
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:
This Act may be cited as the Commercial Arbitration (Consequential Amendments) Act 2011 .
This Act commences on a day to be proclaimed.
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Act does not prevent that provision or any other provision of those regulations, rules or by-laws from being amended or rescinded by any subsequent regulations, rules or by-laws.
This Act is repealed on the ninetieth day from the day on which it commences.
The legislation specified in Schedule 1 is amended as specified in that Schedule.
SCHEDULE 1 - Consequential AmendmentsAnglican 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 2011 ".Archives Act 1983
1. Section 13 is amended as follows:Associations Incorporation (Model Rules) Regulations 2007(a) by omitting from subsection (6)(b) " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ";(b) by omitting from subsection (7) " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
1. Clause 34(1) of Schedule 1 is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".Boundary Fences Act 1908
1. Section 26 is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
2. Section 35 is amended by omitting "arbitrators by the Commercial Arbitration Act 1986 " and substituting "arbitral tribunals by the Commercial Arbitration Act 2011 ".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 2011 ";(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 2011 ";(b) by omitting "submission" and substituting "request for the dispute to be referred to arbitration".
3. Section 31(4) is amended as follows:Decimal Currency Act 1965(a) by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ";(b) by omitting "submission" and substituting "request for the dispute to be referred to arbitration".
1. Section 2(2)(c) is amended as follows:Florentine Valley Paper Industry Act 1935(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 2011 ".
1. Section 3(1) is amended by omitting " Commercial Arbitration Act 1986 " from the definition of arbitration and substituting " Commercial Arbitration Act 2011 ".
2. Section 26A is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".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 2011 ".
2. Section 42(1)(b) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
3. Section 83(3)(c) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".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 2011 and includes a person nominated by the Forest Practices Tribunal for the purpose of arbitrating disputes under this Part;
2. Section 40(3) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
3. Section 42(3) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 , in accordance with that Act".
4. Section 43(1)(b) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".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 2011 , in accordance with that Act".
2. Section 25 is amended as follows:Supreme Court Civil Procedure Act 1932(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 2011 , in accordance with that Act";(b) by omitting from subsection (4) " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
1. Section 26(1) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
2. Section 27(4) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".Threatened Species Protection Act 1995
1. Section 47(2) is amended as follows:Valuation of Land Act 2001(a) by omitting "submission" and substituting "the dispute to be referred";(b) by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
1. Section 32(1) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".War Service Land Settlement Act 1950
1. Section 69(2) is amended as follows:Water Management Act 1999(a) by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ";(b) by omitting "to submit the matter to it for arbitration" and substituting "that the matter be referred to it for arbitration".
1. Section 22(2) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
2. Section 89(2) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
3. Section 116(3) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
4. Section 118 is amended as follows:(a) by omitting from subsection (1) " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ";(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 2011 ".
6. Section 280F(4) is amended by omitting " Commercial Arbitration Act 1986 " and substituting " Commercial Arbitration Act 2011 ".
[Second reading presentation speech made in:
House of Assembly on 16 NOVEMBER 2010
Legislative Council on 26 MAY 2011]