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STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984 - SECT 9
Transitional provisions relating to certain offices under the Public Service Act 1922
9. (1) Any act or thing done at any time before the commencement of this
section by a person or by a delegate of a person who, at that time, held
office as, or acted in the office of, the Director-General of Health, being an
act or thing done pursuant to the person's duties as the holder of, or person
acting in, that office or as a delegate of the holder of that office, shall
have such consequences or effects after the commencement of this section as it
would have had if the amendments made by this Act to the Acoustic Laboratories
Act 1948 , the Broadcasting and Television Act 1942, the Home Nursing Subsidy
Act 1956, the Narcotic Drugs Act 1967, the Sales Tax (Exemptions and
Classifications) Act 1935, the Therapeutic Goods Act 1966, the Tuberculosis
Act 1948 and paragraph 16 (4) (f) and sub-section 73A (6) of the Income Tax
Assessment Act 1936 had not been made, but any power or function conferred by
any Act may be exercised or performed after the commencement of this section
in relation to that act or thing as if that act or thing had been done by the
Secretary to the Department of Health or by a delegate of the Secretary to the
Department of Health, as the case may be.
(2) Where, immediately before the commencement of this section, there were
pending in a court or tribunal any proceedings to which a person holding
office as the Director-General of Health was, in his capacity as the holder of
that office, a party, those proceedings may be continued after the
commencement of this section as if the description of that office, for the
purposes of those proceedings, were amended by omitting the words
"Director-General of" and substituting "Secretary to the Department of".
(3) The person who, immediately before the commencement of this section, held
office as Director-General of Health shall, subject to the Public Service Act
1922, hold office after the commencement of this section as Secretary to
the Department of Health.
(4) A reference in any instrument (including rules, regulations and by-laws)
made, granted or issued pursuant to any Act to the Director-General of Health
shall, in relation to any act or thing done, or to be done, after the
commencement of this section, be read as a reference to the Secretary to the
Department of Health.
(5) Any act or thing done at any time before the commencement of this section
by a person or by a delegate of a person who, at that time, held office as, or
acted in the office of, the Director-General of Social Security, being an act
or thing done pursuant to the person's duties as the holder of, or person
acting in, that office or as a delegate of the holder of that office, shall
have such consequences or effects after the commencement of this section as it
would have had if the amendments made by this Act to the Aged or Disabled
Persons Homes Act 1954, the Aged or Disabled Persons Hostels Act 1972, the
Defence (Re-establishment) Act 1965, the Delivered Meals Subsidy Act 1970, the
Handicapped Persons Assistance Act 1974, the Health Insurance Act 1973 , the
National Health Act 1953 (other than the amendments made by this Act to
sub-sections 105AAA (1), (2), (4), (5) and (6) and paragraphs 105AC (1AA) (a)
and (b) and (1B) (a) of that Act), the Re-establishment and Employment Act
1945, the Sales Tax (Exemptions and Classifications) Act 1935, the Social
Security Act 1947 and paragraphs 16 (4) (e) and (j) and sub-section 159J (6)
of the Income Tax Assessment Act 1936 had not been made, but any power or
function conferred by any Act may be exercised or performed after the
commencement of this section in relation to that act or thing as if that act
or thing had been done by the Secretary to the Department of Social Security
or by a delegate of the Secretary to the Department of Social Security, as the
case may be.
(6) Where, immediately before the commencement of this section, there were
pending in a court or tribunal any proceedings (other than proceedings
relating to the Home Deposit Assistance Act 1982) to which a person holding
office as the Director-General of Social Security was, in his capacity as the
holder of that office, a party, those proceedings may be continued after the
commencement of this section as if the description of that office, for the
purposes of those proceedings, were amended by omitting the words
"Director-General of" and substituting "Secretary to the Department of".
(7) The person who, immediately before the commencement of this section, held
office as Director-General of Social Security shall, subject to the Public
Service Act 1922, hold office after the commencement of this section as
Secretary to the Department of Social Security.
(8) A reference in any instrument (including rules, regulations and by-laws)
made, granted or issued pursuant to any Act to the Director-General of Social
Security shall, in relation to any act or thing done, or to be done, after the
commencement of this section, be read as a reference to the Secretary to the
Department of Social Security.
(9) Where, by virtue of an amendment of any Act that is amended by this Act,
being an amendment made by an Act that receives the Royal Assent after the
introduction into the Parliament of this Act, a provision of that
first-mentioned Act, as so amended, refers to the Director-General of Health
or to the Director-General of Social Security, that reference shall be
construed, on and after the commencement of that amendment or the day fixed
for the purposes of sub-section 2 (20) of this Act, whichever last occurs, as
if it were a reference to the Secretary to the Department of Health or to the
Secretary to the Department of Social Security, as the case requires.
(10) Where, in any Act that is not amended by this Act, reference is made to
the Director-General of Health or to the Director-General of Social Security,
that reference shall be construed, on and after the date fixed for the purpose
of sub-section 2 (20) of this Act, as if it were a reference to the Secretary
to the Department of Health or to the Secretary to the Department of Social
Security, as the case requires.
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