New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 106)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActVeterinary Practice Amendment Act 2010
(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.
In
this Part:
"former Act" means the Veterinary Surgeons Act 1986 .
"former Board" means the body corporate constituted by section 4 of the former
Act.
(1) The Board is a continuation of, and the same legal entity as, the former Board.
(2) A person who was, immediately before the commencement of this clause, a member of the former Board, ceases to hold that office but is eligible for re-appointment as a member of the Board.
(3) A person who was, immediately before the commencement of this clause, the President of the former Board ceases to hold that office but is eligible for re-appointment as President of the Board.
(4) A person is not entitled to any compensation for ceasing to hold an office because of the operation of this clause.
(1) The Investigating Committee constituted under section 24 of the former Act is dissolved.
(2) The persons holding office as members of the Investigating Committee immediately before the commencement of this clause:(a) cease to hold office as such on that commencement, and(b) are not entitled to any compensation for ceasing to hold office because of the operation of this clause.
The Registrar of the Board and any other person holding office under section 7 of the former Act immediately before the commencement of this clause are taken to be employed under section 80.
An inspector appointed under section 55 of the former Act and holding that office immediately before the commencement of this clause is taken to have been appointed under section 90.
The registers kept under sections 8 and 9 of the former Act immediately before the commencement of this clause are taken to be the Register kept under section 28.
An application for registration or provisional registration as a veterinary surgeon pending under the former Act at the commencement of this clause is taken to be an application under this Act for full registration or provisional registration, as the case requires.
(1) A person who held registration under section 12 of the former Act immediately before the commencement of this subclause is taken to hold full registration.
(2) A person who held registration under section 13 of the former Act immediately before the commencement of this subclause is taken to hold honorary registration.
(3) A person who held registration under section 14 of the former Act immediately before the commencement of this subclause is taken to hold limited registration.
(4) A person who held registration under section 17 of the former Act immediately before the commencement of this subclause is taken to hold provisional registration.
(5) A person who held registration under section 15 of the former Act immediately before the commencement of this subclause is taken to hold specialist registration.
(6) Subject to subclause (7), a person who is taken to hold registration because of the operation of this clause holds the registration on the same terms and conditions that applied to the relevant registration of the person immediately before the commencement of this subclause.
(7) Registration held by a person because of this clause ceases to have effect, unless sooner cancelled or suspended, on 30 June next occurring after the commencement of this subclause.
(8) Registration that is, immediately before the commencement of this subclause, suspended under the former Act is taken to have been suspended under this Act.
The Board may exercise its powers under section 27 to cancel the registration of a person for failure to pay a fee or fine under the former Act that has not been paid as if it were a fee or fine payable under this Act.
(1) A complaint against a veterinary surgeon made under section 26 of the former Act that has not been finally determined before the commencement of this clause is taken to have been made under section 38.
(2) Any such complaint that is, immediately before the commencement of this clause, being investigated by the Investigating Committee under the former Act may continue to be investigated and determined under this Act by the Board.
(3) Any complaint referred to the Tribunal under the former Act before the commencement of this clause and not finally determined by the Tribunal before that commencement may continue to be dealt with by the Tribunal in accordance with this Act.
(4) Despite subclause (3), the Tribunal dealing with a complaint at the commencement of this clause may continue to deal with the complaint as constituted immediately before that commencement.
An order or decision of the former Board or the Tribunal under the former Act is taken to have been made under the relevant provisions of this Act.
(1) A licence for a veterinary hospital in force under Part 6 of the former Act immediately before the commencement of this clause is taken to be a licence for that hospital issued under Part 6 of this Act.
(2) An application for a licence for a veterinary hospital pending under Part 6 of the former Act at the commencement of this clause is taken to have been made under Part 6 of this Act.
(3) A licence for a veterinary hospital that is, immediately before the commencement of this clause, suspended under the former Act is taken to have been suspended under this Act.
(1) An appeal or review under the former Act and pending at the commencement of this clause is taken to be an appeal or review under the corresponding provision of this Act.
(2) An appeal or application for review that could have been made in relation to a decision under the former Act may be made under the relevant provision of this Act as if the decision were made under this Act but only if the period for making the appeal or application for review under the former Act has not expired.
The account established by the former Board under section 54D of the former Act is taken to have been established under section 83 of this Act.
Subject to the regulations, a reference in any Act (other than this Act), regulation or instrument to a veterinary surgeon or a registered veterinary surgeon is to be read as a reference to a veterinary practitioner.
Subject to the regulations, a reference in any Act (other than this Act), regulation or instrument to the former Act is to be read as a reference to this Act.
Subject to the regulations, a reference in any Act (other than this Act) to the former Board is to be read as a reference to the Veterinary Practitioners Board.
(1) Despite Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 (as applied by section 17 of this Act) an application referred to in section 41 of that Act may not be made by means of electronic communication.
(2) Despite Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (as applied by section 69 of this Act) an application referred to in section 12 of that Act may not be made by means of electronic communication.
(3) Subclauses (1) and (2) do not limit the effect of the Electronic Transactions Act 2000 .
(4) This clause ceases to have effect on a day to be appointed by proclamation published on the NSW legislation website.
Despite section 33 and subject to the regulations, the first annual return submitted to the Board under that section by a veterinary practitioner after the commencement of this clause is to relate to a return period of 3 years immediately preceding the return date specified in that section.
In this Part, "amending Act" means the Veterinary Practice Amendment Act 2010 .
(1) An amendment made to this Act by the amending Act does not apply in respect of a complaint made before the commencement of the amendment.
(2) In the case of a complaint about conduct that is alleged to have occurred before the commencement of section 38A, the 3 years referred to in section 38A (2) date from the commencement of section 38A and not from the date the conduct is alleged to have occurred.
The amendment made to section 77 by the amending Act applies only to a member of the Board appointed after the commencement of the amending Act.