New South Wales Consolidated Acts

NEW SOUTH WALES INSTITUTE OF PSYCHIATRY ACT 1964 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 25)

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 or provisions of Acts:

Schedule 3 to the Health Legislation Amendment Act 1997

Health Legislation Further Amendment Act 2004 (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 day.

(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 Health Legislation Amendment Act 1997

2 Definitions

In this Part:
"amending Act" means the Health Legislation Amendment Act 1997 .
"new Institute" means the Institute as constituted after the commencement of Schedule 3 [2] to the amending Act.
"old Institute" means the Institute as constituted immediately before the commencement of Schedule 3 [2] to the amending Act.

3 Members of Institute

(1) A person who, immediately before the commencement of Schedule 3 [2] to the amending Act held office as a member of the old institute:

(a) ceases to hold that office on that commencement, and

(b) is eligible (if otherwise qualified) to be appointed as a member of the new Institute.

(2) A person who ceases to hold office as a member of the old Institute because of the operation of the amending Act is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.

4 Continuity of Institute

Anything done by, to or in relation to the old Institute is taken to have been done by, to or in relation to the new Institute.

5 Appointments before commencement

For the purpose only of enabling the new Institute to be constituted in accordance with this Act on or after (but not before) the commencement of Schedule 3 [2] to the amending Act, appointments may be made under this Act (and anything else may be done) before that commencement as if the whole of the amending Act commenced on the date of assent, but so that no appointment as a member of the new Institute as so constituted takes effect before that commencement.

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

6 Re-enactment of section 20

The substitution of section 20 by the Health Legislation Further Amendment Act 2004 does not affect the employment (including the terms of employment) of any person employed by the Institute immediately before the substitution of that section.