Schedule 7 Savings and transitional provisions
(Section 139)
In this Schedule:new Board means the Optometrists Registration Board constituted by this Act,
old Board means the Board of Optometrical Registration constituted by the 1930 Act,
the 1930 Act means the Optometrists Act 1930.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
National Competition Policy Health and Other Amendments (Commonwealth Financial Penalties) Act 2004, to the extent that it amends this Act
Health Legislation Amendment (Unregistered Health Practitioners) Act 2006 (but only to the extent that it amends this Act)
(2) Such a 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 such a 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 that 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 that publication.
Part 2 Provisions consequent on enactment of this Act
(1) A person who, immediately before the repeal of the 1930 Act, held office as a member of the old Board:(a) ceases to hold office as such on that repeal, and(b) is eligible (if otherwise qualified) to be appointed as a member of the new Board.(2) A person who ceases to hold office as a member of the old Board because of the operation of this Act is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.
Anything done by or in relation to the old Board and having effect immediately before the dissolution of the old Board is taken to have been done by or in relation to the new Board.
5 Appointments and other action before commencement
For the purpose only of enabling the new Board to be constituted in accordance with this Act on or after (but not before) the commencement of section 89 (Constitution of the Board), appointments may be made under this Act, and anything else may be done, before that commencement, as if the whole of this Act commenced on the date of assent to this Act, but so that no appointment as a member of the new Board as so constituted takes effect before the commencement of section 89.
The register referred to in section 11 of the 1930 Act is, on the commencement of this clause, taken to be the Register under this Act.
(1) A person whose name, immediately before the repeal of the 1930 Act, appeared in the register of optometrists compiled under section 11 of that Act is, on the commencement of this clause, taken to be registered as an optometrist under this Act. Registration under this Act is subject to the same conditions (if any) as the person’s registration under the 1930 Act was subject immediately before that repeal.(2) A certificate of provisional registration under section 19A of the 1930 Act, in force immediately before the repeal of that Act, is taken, on the commencement of this clause, to have been granted under this Act.
A fee paid or which remains unpaid under a provision of the 1930 Act immediately before its repeal is taken, on commencement of the relevant provision of this Act, to have been paid or to remain unpaid under the provision of this Act that corresponds to that provision and is taken to have been so paid or to so remain unpaid for or in relation to the same period as that which applied to the fee under the 1930 Act.
9 Applications for registration
An application for registration under the 1930 Act which had not been determined by the old Board before the repeal of that Act is taken to be an application for registration under this Act.
10 Appeals to the District Court
(1) An appeal to the District Court under section 32 of the 1930 Act that was pending immediately before the repeal of that Act is to be continued and disposed of as if, except as provided by subclause (2), this Act had not been enacted.(2) The decision of the Court on any such appeal is final, and binding on the new Board and the appellant and for the purposes of this Act is taken to be the final decision of the new Board.
(1) A complaint made to the old Board concerning the conduct of a registered optometrist and pending immediately before the repeal of the 1930 Act is, to the extent that the conduct concerned could be the subject of a complaint under this Act, to be dealt with as a complaint under this Act.(2) In particular, an inquiry under section 15 of the 1930 Act that had not been completed before the repeal of that Act is, on the commencement of this clause, taken to be a complaint made to the new Board under this Act and is to be dealt with accordingly.(3) This clause applies for the purposes of this Act and for the purposes of the Health Care Complaints Act 1993 (including any conciliation under that Act) in its application to any complaint or investigation pending under the 1930 Act immediately before the repeal of the 1930 Act.
12 Complaints relating to previous conduct
A complaint or investigation may be made under this Act with respect to conduct or any other matter or thing that occurred before, or partly before and partly after, the commencement of the provisions of this Act under which the complaint or investigation is made.
13 Construction of certain references
On and from the commencement of this clause, a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind:(a) to the old Board is to be read as a reference to the new Board, and(b) to the registrar under the 1930 Act is to be read as a reference to the Registrar under this Act, and(c) to the register referred to in section 11 of the 1930 Act is to be read as a reference to the Register under this Act, and(d) to the registration of a person as an optometrist under the 1930 Act is to be read as a reference to the registration of the person as an optometrist under this Act.
Part 3 Provisions consequent on enactment of Health Legislation Amendment (Unregistered Health Practitioners) Act 2006
In this Part:amending Act means the Health Legislation Amendment (Unregistered Health Practitioners) Act 2006.
The Tribunal may make a prohibition order under section 57 (3A) with respect to either or both of the following:(a) conduct or any other matter or thing that occurred before, or partly before and partly after, that subsection was inserted by the amending Act,(b) a complaint that has been made but not fully dealt with before that subsection was inserted by the amending Act.
Section 119 (4), as substituted by the amending Act, applies only in respect of a statement of a decision that is given after the commencement of that subsection.
17 Cancelled registrations to be publicly available
Section 125A, as inserted by the amending Act, extends to a person who was, immediately before the commencement of that section, subject to an order of the Tribunal or the Supreme Court that the person’s registration be cancelled or that the person not be re-registered.