New South Wales Repealed Acts

This legislation has been repealed.

STOCK (ARTIFICIAL BREEDING) ACT 1985 - SCHEDULE 3

SCHEDULE 3 – Savings and transitional provisions

(Section 43 (2))

1 Interpretation

In this Schedule:
"former Act" means the Stock (Artificial Insemination) Act 1948 .

2 Proclamations

A proclamation made under section 7 of the former Act and in force immediately before the commencement of section 27 shall be deemed to be an order made under section 27.

3 Licences and certificates of competency

(1) In this clause:
"relevant day" means the day on which Division 5 of Part 2 commences.

(2) A licence issued or renewed under the former Act and in force immediately before the relevant day shall be deemed to be a licence issued under this Act and:

(a) where the licence authorised the use of premises for the collection, storage and packing for sale of semen-shall be deemed to be an Artificial Breeding Centre Licence, or

(b) where the licence authorised the use of premises for the storage and packing for sale of semen-shall be deemed to be a Distribution Centre Licence.

(3) Where a licence referred to in subclause (2) was, immediately before the relevant day, subject to any terms or conditions pursuant to section 4 (5) of the former Act, those terms or conditions shall, to the extent that the terms or conditions could be imposed under this Act, be deemed to have been specified in the licence pursuant to section 21 (1) (b) when it was issued.

(4) A certificate of competency issued under the Stock (Artificial Insemination) Regulations and in force immediately before the relevant day shall be deemed to be a certificate of competency issued under this Act and:

(a) where the certificate was issued under Regulation 4A (1) of those Regulations or was continued in force as if it had been so issued-shall be deemed to be a Class “A” certificate of competency relating to the semen of cattle,

(b) where the certificate was issued under Regulation 4A (2) of those Regulations-shall be deemed to be a Class “B” certificate of competency relating to the semen of cattle,

(c) where the certificate was issued under Regulation 16 of those Regulations-shall be deemed to be a Class “C” certificate of competency authorising the holder to carry out artificial insemination on cattle,

(d) where the certificate was issued under Regulation 19 of those Regulations-shall be deemed to be a Class “A” certificate of competency relating to the semen of sheep and a Class “C” certificate of competency authorising the holder to carry out artificial insemination on sheep.

(5) A licence referred to in subclause (2) or a certificate of competency referred to in subclause (4) shall, subject to this Act, continue in force:

(a) until the expiration of the period for which it was issued or last renewed, as the case may be, pursuant to the former Act or the Stock (Artificial Insemination) Regulations , as a licence or certificate of competency under that Act or those Regulations, or

(b) where the regulations so provide and the prescribed additional fee, if any, has been paid, until the expiration of such longer period as may be prescribed.

4 Saving of certain regulations

(1) Regulations made under the former Act and in force immediately before the commencement of section 42 shall, to the extent that the regulations could be made under this Act, be deemed to be regulations made under this Act.

(2) A reference to a provision of the former Act in a regulation to which subclause (1) applies shall be read as a reference to the corresponding provision of this Act.

5 References to former Act etc

Where the former Act, an instrument made under that Act or any provision of that Act or any such instrument is referred to in any other Act, in any instrument made under any other Act or in any other instrument of any kind, the reference extends to this Act, to any corresponding instrument made under this Act or to any corresponding provision of this Act or of an instrument made under this Act.

6 Regulations

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

this Act

Regulatory Reduction Act 1996 , but only in relation to amendments made to this Act or the regulations

(2) A provision made under subclause (1) may take effect as from the commencement of Division 5 of Part 2 or a later day.

(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.

(4) A provision made under subclause (1) shall, if the regulations so provide, have effect notwithstanding any other clause of this Schedule.