New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 70)
In this Schedule:
"new Board" means the Dental Board constituted by this Act.
"old Board" means the Dental Board constituted by the 1934 Act.
"the 1934 Act" means the Dentists Act 1934 .
For the purpose only of enabling the new Board to be constituted on or after (but not before) the commencement of Part 2, elections may be held and appointments may be made under this Act and anything else (including the making of regulations) may be done before that commencement as if the whole of this Act commenced on the date of assent to this Act, but so that no election or appointment as a member of the new Board as so constituted takes effect before that commencement.
The Minister may call the first meeting of the new Board in such manner as the Minister thinks fit.
A person holding office as an inspector or officer (other than registrar) under the 1934 Act immediately before the commencement of section 68 is to be taken to have been appointed as an inspector or officer, as the case requires, under this Act and to have been appointed subject to the same terms and conditions as applied to the appointment immediately before that commencement.
The register referred to in section 6 (1) of the 1934 Act is to be taken to be the Register referred to in section 12 (1) of this Act.
(1) A person who, immediately before the commencement of Part 4, was registered as a dentist under the 1934 Act is to be taken to be registered as a dentist under this Act and is to be taken to be so registered subject to the same terms and conditions (if any) as applied to the person’s registration under the 1934 Act immediately before that commencement.
(2) A person who, immediately before the commencement of Part 4, was licensed to practise under section 10A (2) of the 1934 Act is to be taken to be licensed to practise under section 18 (1) of this Act and is to be taken to be so licensed subject to the same terms and conditions (if any) as applied to the licence under the 1934 Act immediately before that commencement.
(3) A person who, immediately before the commencement of Part 4, was the holder of a certificate of provisional registration under section 10C (1) of the 1934 Act is to be taken to be the holder of a certificate of provisional registration under section 21 (1) of this Act and is to be taken to be such a holder subject to the same terms and conditions (if any) as applied to the certificate under the 1934 Act immediately before that commencement.
A fee paid or which remains unpaid under a provision of the 1934 Act immediately before the commencement of section 68 is to be taken to have been paid or to remain unpaid under the provision of this Act which corresponds to that provision and is to be taken to have been so paid or to so remain unpaid for or in relation to the same period as that which applied to the fee under the 1934 Act.
The funds standing to the credit of the Dental Board Education and Research Account under section 16 (2) of the 1934 Act are, on the establishment by the Board of the Education and Research Account under section 61 of this Act, to be transferred to the Account so established.
On and from the commencement of section 68, a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind (enacted, made or executed before that commencement):
(a) to the 1934 Act is to be read as a reference to this Act,
(b) to the Dental Board is to be read as a reference to the new Board,
(c) to the registrar under the 1934 Act is to be read as a reference to the Registrar under this Act,
(d) to an inspector under the 1934 Act is to be read as a reference to an inspector under this Act,
(e) to the register referred to in section 6 (1) of the 1934 Act is to be read as a reference to the Register referred to in section 12 (1) of this Act,
(f) to the registration of a person under the 1934 Act is to be read as a reference to the registration of a person under this Act,
(g) to a license under section 10A (2) of the 1934 Act is to be read as a reference to a licence under section 18 (1) of this Act,
(h) to a certificate of provisional registration under section 10C (1) of the 1934 Act is to be read as a reference to a certificate of provisional registration under section 21 (1) of this Act, or
(i) to the Dental Board Education and Research Account is to be read as a reference to the Education and Research Account under section 61 of this Act.
(1) An application for registration as a dentist under the 1934 Act which had not been determined by the old Board before the commencement of Part 4 is to be taken to be an application for registration as a dentist under this Act.
(2) An application to be registered by virtue of section 10BA of the 1934 Act which had not been determined by the old Board before the commencement of Part 4 is to be taken to be an application to be registered by virtue of section 20 of this Act.
(1) An appeal to the District Court under section 8B of the 1934 Act pending immediately before the commencement of section 68 is to be continued and disposed of as if, except as provided by subclause (2), this Act had not been enacted.
(2) The decision of the District Court on any such appeal is final, is binding upon the new Board and the appellant and for the purposes of this Act is to be taken to be the final decision of the new Board.
A complaint received by the old Board under section 8 (4A) of the 1934 Act and in relation to which an enquiry had not been completed before the commencement of Part 6 is to be taken to be a complaint made under section 31 of this Act and may be dealt with accordingly.
An application made to the Dentists Charges Committee under section 12A of the 1934 Act which had not been finally determined before the commencement of Part 6 is to be taken to be a complaint made under section 31 of this Act and may be dealt with accordingly.
Nothing in this Schedule limits section 30 of the Interpretation Act 1987 .
(1) The regulations may contain other provisions of a savings or transitional nature consequent on the enactment of this Act, and the National Competition Policy Health and Other Amendments (Commonwealth Financial Penalties) Act 2004 to the extent that it amends this Act.
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect as from the date of assent to the Act concerned or a later day and may so have effect notwithstanding any other provision of this Schedule.
(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 therein, 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 therein.