New South Wales Repealed Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [History] [Help]

This legislation has been repealed.

PODIATRISTS ACT 1989 - SCHEDULE 3

SCHEDULE 3 – Savings and transitional provisions

(Section 37)

Part 1 - Preliminary

1 Definitions

In this Schedule:
"new Board" means the Podiatrists Registration Board constituted by section 19.
"old Board" means the Chiropodists Registration Board under the 1962 Act.
"the 1962 Act" means the Chiropodists Registration Act 1962 .

2 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act 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 the publication.

Part 2 - Provisions consequent on enactment of this Act

3 Members of old Board

(1) A person who, immediately before the repeal of the 1962 Act, held office as a member of the old Board:
(a) ceases to hold office as such on that repeal, and
(b) is eligible (if otherwise qualified) to be appointed as a member of the new Board.
(2) A person who ceases to hold office as a member of the old Board because of the operation of this Act is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.

4 Continuity of Board

Anything done by or in relation to the old Board shall be taken to have been done by or in relation to the new Board.

5 Appointments etc before commencement

For the purpose only of enabling the new Board to be constituted in accordance with this Act on or after (but not before) the commencement of section 19, appointments may be made under this Act, and anything else may be done, before that commencement, as if the whole of this Act commenced on the date of assent, but so that no appointment as a member of the new Board as so constituted takes effect before that commencement.

6 First meeting of new Board

The Minister shall call the first meeting of the new Board in such manner as the Minister thinks fit.

7 The secretary and other officers

A person holding office as the secretary or other officer under the 1962 Act immediately before the repeal of that Act shall, on the commencement of section 20 of this Act, be taken to have been appointed as the secretary or other 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 repeal.

8 The Register

The Register referred to in section 21 (1) of the 1962 Act shall be taken to be the register referred to in section 9 (1) of this Act.

9 Registration etc of chiropodist

(1) A person who, immediately before the repeal of the 1962 Act, was registered as a chiropodist under that Act shall, on the commencement of section 9 of this Act, be taken to be a registered podiatrist under this Act.
(2) A person who, immediately before the repeal of the 1962 Act, was the holder of a certificate of provisional registration under section 23 (1) of that Act shall, on the commencement of section 8 of this Act, be taken to be the holder of a certificate of provisional registration under this Act.

10 Fees

A fee paid or which remains unpaid under a provision of the 1962 Act immediately before its repeal shall be taken, on commencement of the relevant provisions of this Act, to have been paid or to remain unpaid under the provision of this Act which corresponds to that provision and shall 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 1962 Act.

11 Applications for registration

An application for registration as a chiropodist under the 1962 Act which had not been determined by the old Board before the repeal of that Act shall be taken to be an application for registration as a podiatrist under this Act.

12 Appeals to the District Court

(1) An appeal to the District Court under section 26 of the 1962 Act pending immediately before the repeal of that Act shall 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 shall be final, shall be binding upon the new Board and the appellant and for the purposes of this Act shall be taken to be the final decision of the new Board.

13 Complaints

An inquiry under section 26 of the 1962 Act which had not been completed before the repeal of that Act shall, on the commencement of section 15 of this Act, be taken to be an inquiry made under that section and shall be dealt with accordingly.

14 Construction of certain references

A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind:

(a) to the old Board shall, on the commencement of section 19 of this Act, be read as a reference to the new Board, and
(b) to the secretary under the 1962 Act shall, on the commencement of section 20 of this Act, be read as a reference to the secretary under this Act, and
(c) to the Register referred to in section 21 (1) of the 1962 Act shall, on the commencement of section 9 of this Act, be read as a reference to the register referred to in section 9 (1) of this Act, and
(d) to the registration of a person under the 1962 Act shall, on the commencement of section 9, be read as a reference to the registration of a person under this Act, and
(e) to a certificate of provisional registration under section 23 (1) of the 1962 Act shall, on the commencement of section 8 of this Act, be read as a reference to a certificate of provisional registration under section 8 (1) of this Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback