New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 40)

Part 1 - Preliminary

1 Regulations

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

Human Tissue and Anatomy Legislation Amendment Act 2003

Health Legislation Amendment Act 2004 (but only to the extent that it amends this Act)

Human Tissue Amendment (Children in Care of State) Act 2008

Assisted Reproductive Technology Act 2007 (but only to the extent that it amends 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 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 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 Human Tissue and Anatomy Legislation Amendment Act 2003

2 Appointment of inspectors

An inspector appointed under section 21P before its repeal by the Human Tissue and Anatomy Legislation Amendment Act 2003 and whose appointment was in force under that section immediately before that repeal is taken to have been appointed under section 33A.

Part 3 - Provisions consequent on enactment of Health Legislation Amendment Act 2004

3 Consent

A consent to the removal of blood from a person that was obtained from a person in accordance with Part 3 of the Act before the commencement of Schedule 2 [3] to the Health Legislation Amendment Act 2004 does not authorise the removal of blood from a person after that commencement.

4 Previous offences

A reference in sections 20F and 20G to an offence against section 20E includes a reference to an offence against section 21D as in force before its repeal by the Health Legislation Amendment Act 2004 .

5 Certificates

A certificate signed by a donor in accordance with section 21C before the repeal of that section by the Health Legislation Amendment Act 2004 is taken to be a certificate signed by a donor in accordance with section 20D.

6 Regulations

This Part has effect subject to any regulations made pursuant to clause 1.

Part 4 - Provisions consequent on enactment of Human Tissue Amendment (Children in Care of State) Act 2008

7 Authorities in respect of deceased children in care of State

An amendment made to this Act by the Human Tissue Amendment (Children in Care of State) Act 2008 applies only in respect of the death of a child that occurs on or after the commencement of the amendment.