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STOCK DISEASES ACT 1923 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 24)

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:
Stock Diseases Amendment Act 1995
Stock Diseases Amendment Act 1997
Stock Diseases Amendment Act 1999
Stock Diseases Amendment (Artificial Breeding) Act 2004
(2) A provision referred to in subclause (1) 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 a provision referred to in subclause (1) 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 1AA - Provision consequent on enactment of Stock Diseases (Swine Branding) Amendment Act 1981

1AA Savings provision

(1) Where the Swine Branding Act 1940 , an instrument made under that Act or any provision of that Act or of any such instrument is referred to in any other Act or any instrument made under any other Act, the reference is, on and from 1 July 1983, to extend to this Act, as in force for the time being, to any corresponding instrument made under this Act, as so in force, or to any corresponding provision of this Act or of an instrument made under this Act, as so in force.
(2) This clause is taken to have commenced on 22 April 1981 (the date of assent to the amending Act).
(3) Subclause (1) re-enacts (with minor modifications) clause 10 of Schedule 5 to the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
(4) In this clause:
"amending Act" means the Stock Diseases (Swine Branding) Amendment Act 1981 .

Part 1A - Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 1986

1A Savings provision

(1) A person holding office as an inspector, or authorised to carry out any or all of the duties and exercise any or all of the powers of an inspector, under this Act, as in force immediately before the commencement of the amending provisions is taken to have been duly appointed as an inspector, or authorised to perform the duties and exercise the powers of an inspector, on that commencement under this Act, as amended by the amending provisions.
(2) This clause is taken to have commenced on 1 May 1986 (the date of commencement of the amending provisions).
(3) Subclause (1) re-enacts (with minor modifications) clause 4 of Schedule 24 to the Statute Law (Miscellaneous Provisions) Act 1986 . Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
(4) In this clause:
"amending provisions" means Schedule 18 to the Statute Law (Miscellaneous Provisions) Act 1986 .

Part 1B - Provision consequent on enactment of Stock Diseases (Board of Tick Control) Amendment Act 1988

1B Savings provisions

(1) The repeal and re-enactment by the amending Act of Part 2 of this Act does not affect the continuity of employment of an inspector referred to in section 5 (10) (as in force immediately before that repeal and re-enactment).
(2) Any right or interest, and any duty or obligation, that was, immediately before 7 October 1988, conferred or imposed on an inspector by virtue of section 5 (9) or (10) continues as if the amending Act had not been enacted.
(3) This clause is taken to have commenced on 7 October 1988 (the date of commencement of the amending Act).
(4) Subclauses (1) and (2) re-enact (with minor modifications) section 4 (2) and (3) of the amending Act. Subclauses (1) and (2) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
(5) In this clause:
"amending Act" means the Stock Diseases (Board of Tick Control) Amendment Act 1988 .

Part 2 - Provisions consequent on the enactment of the Stock Diseases Amendment Act 1995

2 Definition

In this Part, "1995 Act" means the Stock Diseases Amendment Act 1995 .

3 Inspectors

A person who was an inspector immediately before section 6 (1) was replaced by the 1995 Act continues in office as if the person had been appointed under that subsection (as so replaced).

4 Occupier’s notice as to diseased stock

(1) A notice given in accordance with section 9 before the amendment of that section by the 1995 Act is taken to have been given in accordance with section 9 as so amended.
(2) If, before the amendment of section 9 by the 1995 Act, a person complied with that section to the extent of providing verbal notice by virtue of section 9 (4), that section is taken to continue in force in relation to that notice as if it had not been so amended until the time for confirming the notice would have elapsed had the section not been so amended.

5 Notice to stop vehicle

A type of traffic sign that, immediately before the amendment of section 12A by the 1995 Act, was a prescribed type of traffic sign under that section is taken to have been approved by the Chief, Division of Animal Industries on the day when that amendment commenced.

6 Notice to fence land

(1) A requirement in force under section 13 immediately before the amendment of that section by the 1995 Act and contained in a notification published in the Gazette continues in force on and from the commencement of that amendment as if it had been contained in a notice under section 13 as so amended.
(2) Any stock specified in such a notification is taken to have been specified as a class of stock for the purposes of the notice.
(3) When a requirement in a notification continues in force as a requirement in a notice, the notice is taken to specify a reasonable time from the time when the notification was published as the time for the fencing to be carried out.
(4) An order given by notice by an inspector, and in force, under section 13 before the amendment of that section by the 1995 Act continues in force under that section as so amended on and from the commencement of that amendment.
(5) On and from that commencement, the time specified in an order saved under subclause (4) is taken to run from the day when that order was given before the commencement.

7 Destruction order

An order by the Minister in force under section 17 immediately before the replacement of that section by the 1995 Act continues in force under section 17 as so replaced.

Part 3 - Provisions consequent on the enactment of the Stock Diseases Amendment Act 1997

8 Definitions

In this Part:
"amending Act" means the Stock Diseases Amendment Act 1997 .
"returning officer" means:

(a) the Electoral Commissioner for New South Wales, or
(b) a person nominated by the Electoral Commissioner for the purpose of exercising the functions of a returning officer.
"stock owner member" means a member of the Board of Tick Control elected under section 5 (5) (c).

9 Any election in progress when the amending Act commences is discontinued

(1) Any election for one or more stock owner members that is in progress on the date of assent to the amending Act is discontinued on that date, by force of that Act.
(2) For this purpose, an election is taken to be in progress if the returning officer has given notice of the election under clause 16 of the Stock Diseases (Nominations and Elections) Regulation 1995 but the election has not been finally determined.

10 Appointment of existing Board members unaffected

(1) Nothing in the amending Act affects the validity of the election of any person holding office as a stock owner member immediately before the date of assent to the amending Act.
(2) The term of office of every member of the Board of Tick Control (including any stock owner member) who held office immediately before the date of assent to the amending Act is (despite clauses 3 and 5 (1) (b) of Schedule 1) continued for 4 months longer than the period specified in the member’s instrument of appointment.
(3) Such a member continues to hold office until his or her period of office (as extended by subclause (2)) ends, unless his or her office is vacated, in accordance with clause 5 of Schedule 1 (clause 5 (1) (b) excepted) before that extended period ends.

11 Existing electoral districts operative

(1) The electoral districts constituted by an order in force under the Stock Diseases (Nominations and Elections) Regulation 1995 immediately before the date of assent to the amending Act are operative for any election of stock owner members that occurs after that date.
(2) Nothing in this clause prevents the Minister from making any order amending or revoking any such order.

Part 4 - Provisions consequent on enactment of Stock Diseases Amendment Act 1999

12 Protection from liability for providing information or advice

Section 22A applies to the provision of information or advice before or after the commencement of that section.

Part 5 - Provisions consequent on enactment of Stock Diseases Amendment (Artificial Breeding) Act 2004

13 Saving of proclamations

(1) A proclamation in force under section 4 immediately before the substitution of that section by the Stock Diseases Amendment (Artificial Breeding) Act 2004 is taken to have been made under that section as substituted.
(2) Such a proclamation is taken to constitute a declaration under section 4 (a) of a disease in stock, so as to distinguish it from a proclamation under section 4 (b) of a disease in artificial breeding material.

14 Licences

(1) On the repeal of the Stock (Artificial Breeding) Act 1985 , any licence in force under that Act is cancelled.
(2) Any fee paid in connection with the issue of such a licence is not refundable, either in whole or in part.
(3) A person who was the holder of a licence cancelled under this clause must, if directed to do so in writing by the Director-General, return the licence to the Director-General within the period specified in the direction.
Maximum penalty: 20 penalty units.

Part 6 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2004

15 Continuity of things done by Chief, Division of Animal Industries

Anything done by the Chief, Division of Animal Industries under or for the purposes of a provision of this Act is, to the extent that the thing done had effect immediately before the amendment of this Act by the Statute Law (Miscellaneous Provisions) Act (No 2) 2004 , taken to have been done by the Director-General.

Part 7 - Provisions consequent on enactment of the Statute Law (Miscellaneous Provisions) Act (No 2) 2007

16 Abolition of Board of Tick Control

(1) The Board of Tick Control is abolished.
(2) A person who ceases to hold office as a member of the Board of Tick Control because of its abolition is not entitled to any remuneration or compensation because of the loss of that office.

17 Approvals of Chairperson of the Board of Tick Control

An approval given by the Chairperson of the Board of Tick Control under section 7 or 18 before the amendment of those sections by the Statute Law (Miscellaneous Provisions) Act (No 2) 2007 is taken, on that amendment, to have been given by the Director-General.



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