Public Health Act 2010 No 127
Historical version for 7 December 2010 to 7 July 2011 (accessed 24 November 2014 at 08:03) Current version
Schedule 5

Schedule 5 Savings, transitional and other provisions

Part 1 General

1   Regulations

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

this Act

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, 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.

Part 2 Provisions consequent on enactment of this Act

2   Definitions

In this Part:

appointed day, in its application to any act, matter, thing or circumstance arising under this Part, means:

(a)  in relation to a provision of the 1991 Act that is repealed by this Act, the day on which the provision is repealed, or
(b)  in relation to a provision of this Act, the day on which the provision commences.

the 1991 Act means the Public Health Act 1991.

3   Construction of other references

Subject to this Schedule and the regulations, in any Act or instrument:
(a)  a reference to a provision of the 1991 Act for which there is a corresponding provision in this Act extends to the corresponding provision of this Act, and
(b)  a reference to any act, matter or thing referred to in a provision of the 1991 Act for which there is a corresponding provision in this Act extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act.

4   General saving

Subject to this Schedule and the regulations:
(a)  anything begun before the appointed day under a provision of the 1991 Act for which there is a corresponding provision in this Act may be continued and completed under the 1991 Act as if this Act had not been enacted, and
(b)  subject to paragraph (a), anything done under a provision of the 1991 Act for which there is a corresponding provision in this Act (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act.

5   Pap Test Register

The New South Wales Pap Test Register under the 1991 Act is taken to be the Pap Test Register under this Act.

6   Delegations

Any delegation that was in force immediately before the appointed day under a provision of the 1991 Act for which there is a corresponding provision in this Act is taken to be a delegation in force under the corresponding provision of this Act.

7   Authorised officers and authorised medical practitioners

(1)  A person who held office as an environmental health officer immediately before the commencement of section 126 is taken to have been appointed as an authorised officer under that section on that commencement.
(2)  A person who held office as an authorised medical practitioner immediately before the commencement of section 60 is taken to have been appointed as an authorised medical practitioner under that section on that commencement.
(3)  A reference in any Act or instrument to an environmental health officer appointed under the 1991 Act is taken to be a reference to an authorised officer appointed under this Act.
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