New South Wales Consolidated Acts

STOCK FOODS ACT 1940 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 39)

Part 1 - General

1 Savings and transitional regulations

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

Stock Foods Amendment Act 1996

(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 from 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 2 - Stock Foods and Medicines (Amendment) Act 1986

2 Definition

In this Schedule, "amending Act" means the Stock Foods and Medicines (Amendment) Act 1986 .

3 Savings relating to the Board

Any act, matter or thing done by the Board, as constituted before the commencement of the amending Act, shall be deemed to have been done by the Board, as constituted after that commencement.

4 Saving relating to certain stock foods

(1) A manufactured stock food with medicinal properties which, immediately before the commencement of the amending Act, was registered under section 5A shall be deemed to have been registered (when it was registered as a stock food) under section 15 as a stock medicine.

(2) The regulations may make provisions for or with respect to the application of this Act to a manufactured stock food to which subclause (1) applies.

(3) Subclauses (1) and (2) cease to have effect on the expiration of the registration period current at the commencement of the amending Act.

5 Saving of certificates under section 25

A certificate given under section 25 by an analyst or bacteriologist before the commencement of the amending Act shall be deemed to be a certificate given under that section, as amended by the amending Act, by an analyst.

6 Saving of certain regulations

A regulation which, immediately before the commencement of the amending Act:

(a) prescribed a form for the purposes of section 25, or

(b) prescribed a penalty for a breach of a regulation,

7 Saving of awards under section 27

An award made under section 27 by a Court before the commencement of the amending Act shall be deemed to be an award made under that section, as amended by the amending Act, by the Court.

Part 3 - Stock Foods Amendment Act 1996

8 Meaning of “1996 Amending Act”

In this Part:
"1996 Amending Act" means the Stock Foods Amendment Act 1996 .

9 Retention and disposal of seized property

The amendment made to section 22 by the 1996 Amending Act does not apply to anything seized before the commencement of the amendment.

10 Forfeiture of stock foods

The amendment made to section 26 by the 1996 Amending Act does not apply in respect of an offence committed before the commencement of the amendment.