New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 72)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:the Veterinary Surgeons Amendment Act 1995the Veterinary Surgeons Amendment Act 2000
(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 its date of publication in the Gazette, the provision does not operate:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of the person existing before the date of 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 publication.
In
this Part:
"former Act" means the Veterinary Surgeons Act 1923 .
(1) In this clause:
"former Board" means the body corporate constituted by section 4 of the former Act.
(2) The Board is a continuation of, and the same legal entity as, the former Board.
(3) A person who was, immediately before the commencement of this Act, a member of the former Board, shall be deemed to have been appointed as a member of the Board for the balance of the term for which the person was appointed under the former Act.
(4) A person who was, immediately before the commencement of this Act, the President of the former Board shall be deemed to have been appointed as the President of the Board for the balance of the term for which the person was appointed under the former Act.
The persons holding office as members of the Investigating Committee under section 19C of the former Act immediately before the commencement of this Act:
(a) shall cease to hold office as such on that commencement, and
(b) are not entitled to any compensation for ceasing to hold office.
The person holding office as chairman of the Disciplinary Tribunal under section 19E of the former Act, immediately before the commencement of this Act, shall be deemed to have been appointed under section 25 as the chairperson of the Disciplinary Tribunal for the balance of the term for which the person was appointed under section 19E of the former Act.
The Registrar of the Board, an inspector or any other person holding office under section 8 of the former Act immediately before the commencement of this Act shall be deemed to be employed under section 7.
(1) The register kept under section 9 of the former Act immediately before the commencement of this Act shall be deemed to be the division of veterinary surgeons registered under section 12 (full registration) for the purposes of this Act.
(2) A person who is, immediately before the commencement of this Act, registered as a veterinary surgeon under the former Act shall be deemed to be registered as a veterinary surgeon under section 12 (full registration).
(1) An application for registration or provisional registration as a veterinary surgeon pending under the former Act at the commencement of this Act shall be deemed to be an application under this Act for registration or provisional registration under section 12 (full registration).
(2) The entitlement to registration or provisional registration of:(a) any such applicant, or(b) an applicant who holds a certificate of provisional registration under the former Act immediately before the commencement of this Act and who applies after that commencement for registration under section 12,shall be determined in accordance with the relevant provisions of the former Act instead of this Act.
A provisional certificate of registration in force under section 15A of the former Act immediately before the commencement of this Act shall be deemed to be a provisional certificate of registration issued under section 17.
A certificate of registration issued under section 16 of the former Act and held by a veterinary surgeon immediately before the commencement of this Act shall be deemed to be a certificate of registration issued under section 18.
An approval in force under section 24A of the former Act immediately before the commencement of this Act shall be deemed to be an approval given under section 45.
An authority in force under section 22 of the former Act immediately before the commencement of this Act shall be deemed to be an authorisation given under section 39 (3).
The Board may exercise its powers under section 19 (2) to remove the name of a person from a register for failure to pay a roll fee where that roll fee was due under section 11 of the former Act and has not been paid.
(1) The removal of the name of a veterinary surgeon from the register under section 11 (2) or 18 of the former Act before the commencement of this Act shall, for the purposes of section 19 (3) or 20 (2) and (3), as the case may require, be deemed to be a removal of that name from the register of veterinary surgeons under section 19 (2) or 20 (1).
(2) The provisions of section 35 relating to the restoration of a person’s name to a register apply to a person whose name was removed by the Disciplinary Tribunal under section 19H of the former Act or by the Board under section 18A of the former Act in the same way as those provisions apply to a person whose name is removed by the Disciplinary Tribunal under section 32.
(1) A complaint against a veterinary surgeon made under section 19A of the former Act which has not been finally determined before the commencement of this Act shall be deemed to have been made under section 26.
(2) Any such complaint which is, immediately before the commencement of this Act, being investigated by the Investigating Committee under the former Act may continue to be investigated and determined under this Act by the Investigating Committee constituted under this Act.
(3) Any complaint referred to the Disciplinary Tribunal for inquiry under the former Act before the commencement of this Act and not finally determined by that Tribunal before that commencement may continue to be inquired into and determined under this Act by the Disciplinary Tribunal constituted by this Act.
(1) A registered veterinary surgeon who is, immediately before the commencement of this Act, suspended from practice by order of the Disciplinary Tribunal under section 19H of the former Act shall be deemed to have been suspended from practice under section 32.
(2) A direction given in an order of the Disciplinary Tribunal under section 19H (3) of the former Act and in force immediately before the commencement of this Act shall be deemed to have been given under section 32 (4).
(3) An order under section 19H (5) of the former Act before the commencement of this Act shall be deemed to have been made under section 32 (6).
(4) An order made by the Disciplinary Tribunal under the former Act which has not taken effect before the commencement of this Act shall take effect on the day determined in accordance with the provisions of section 19H (7) and (8) of the former Act.
(1) A licence for a veterinary hospital in force under Part 4A of the former Act immediately before the commencement of this Act shall be deemed to be a licence for that hospital issued under Part 6.
(2) An application for a licence for a veterinary hospital pending under Part 4A of the former Act at the commencement of this Act shall be deemed to have been made under Part 6.
(3) The nomination or appointment of a superintendent of a veterinary hospital which was notified to the Director-General in accordance with section 24H of the former Act shall be deemed to be the nomination of a superintendent notified in accordance with section 54.
(4) A licence for a veterinary hospital which is immediately before the commencement of this Act suspended under section 24E of the former Act shall be deemed to have been suspended under section 52.
(1) An appeal under the former Act to a court against a decision of the Board, the Disciplinary Tribunal or the Director-General and pending at the commencement of this Act shall be deemed to be an appeal under the corresponding provision of this Act.
(2) An appeal may be made to a court under this Act against a decision of the Board, the Disciplinary Tribunal or the Director-General notwithstanding that the decision was made under the former Act if the period for making the appeal under the former Act has not expired.
In this Part:
"Amending Act" means the Veterinary Surgeons Amendment Act 1995 .
"Director-General" means the Director-General of the Department of
Agriculture.
(1) A person appointed as the member of the Investigating Committee referred to in section 24 (3) (e) of this Act may participate in the investigation of a complaint made to that Committee even though the complaint was made before the appointment.
(2) The amendments made by Schedule 1 [8]-[11] to the Amending Act do not apply to complaints made to the Investigating Committee before those amendments took effect.
The amendment made by Schedule 1 [5] to the Amending Act does not apply to the Disciplinary Tribunal in respect of any proceedings for which it was constituted before the amendment took effect.
Section 30A of this Act does not apply to a veterinary surgeon against whom an order was made under section 28 (1) (b) of this Act before the commencement of Schedule 1 [14] to the Amending Act.
(1) Section 32 of this Act (as in force after the commencement of Schedule 1 [18] to the Amending Act) applies to proceedings before the Disciplinary Tribunal that have not been finally disposed of before that commencement.
(2) Section 32 (4) and (5) of this Act (as in force after the commencement of Schedule 1 [18] to the Amending Act) apply to a direction of the Disciplinary Tribunal under section 32 (4) of this Act (as in force immediately before that commencement) as if the direction were a direction of the chairperson of that Tribunal made under section 32 (4) of this Act (as in force after that commencement).
Section 34 of this Act (as in force before the commencement of Schedule 1 [20]-[23] to the Amending Act) continues to apply to orders of the Disciplinary Tribunal made before that commencement.
Section 35 of this Act (as in force after the commencement of Schedule 1 [24]-[26] to the Amending Act) applies to persons whose names were removed from a register by the Disciplinary Tribunal before that commencement as if their names had been removed from the register by the chairperson of that Tribunal.
Section 66 of this Act (as in force before the commencement of Schedule 1 [30] to the Amending Act) continues to apply to costs or fines ordered to be paid by the Disciplinary Tribunal, but not recovered, before that commencement.
A licence issued by the Director-General under section 46 of this Act and in force immediately before the commencement of Schedule 2 [2] to the Amending Act is taken to be a licence issued by the Board under that section (as in force after that commencement).
An application for a licence for a veterinary hospital made to the Director-General under section 48 of this Act and not finally disposed of before the commencement of Schedule 2 [3] to the Amending Act is taken to be an application for such a licence made to the Board under that section (as in force after that commencement).
A licence fee payable to the Director-General under section 51 of this Act but not paid or recovered before the commencement of Schedule 2 [3] to the Amending Act can be recovered by the Board under section 66 of this Act (as in force after the commencement of Schedule 2 [6] to that Act).
(1) A licence for a veterinary hospital suspended under section 52 of this Act at the commencement of Schedule 2 [3] to the Amending Act is taken to have been suspended by the Board on the date on which it was suspended by the Director-General, and the suspension has effect as if the amendment made by Schedule 2 [3] to that Act had been in force on that date.
(2) If the Director-General has served a notice under section 52 (3) of this Act (as in force immediately before the commencement of Schedule 2 [3] to the Amending Act) and has not suspended or cancelled the relevant licence before that commencement, the notice is taken to have been served by the Board on the date on which it was served by the Director-General and as if the amendment made by Schedule 2 [3] to that Act had been in force on that date.
Section 53 of this Act (as in force after the commencement of Schedule 2 [3] to the Amending Act) applies to decisions of the Director-General made before that commencement as if those decisions had been made by the Board.
Permission given, and conditions imposed, by the Director-General under section 54 of this Act and in force immediately before the commencement of Schedule 2 [3] to the Amending Act are taken to have been given or imposed by the Board under that section (as in force after that commencement).
A certificate purporting to have been signed by the Director-General under section 61 of this Act (as in force before the commencement of Schedule 2 [5] to the Amending Act) is taken to have been signed by the Registrar of the Board under that section (as in force after that commencement).
Section 68 of this Act (as in force immediately before the commencement of Schedule 2 [7] to the Amending Act) continues to apply to and in respect of matters or things done before that commencement by or at the direction of the Director-General as if the amendment made by Schedule 2 [7] to that Act had not been enacted.
Without limiting the operation of the other provisions of this Part, if:
(a) any act or thing required or permitted to be done by the Director-General under this Act (as in force before the commencement of the amendments made by the Amending Act) has not been done or completed by the Director-General before that commencement, and
(b) that act or thing would be required or permitted to be done by the Board under this Act after that commencement,that act or thing is required or permitted to be done or completed by the Board.
(1) The person holding office as the member of the Investigating Committee referred to in section 24 (3) (b), as in force immediately before the amendment of that provision by the 2000 Act, ceases to hold office as such on the commencement of Schedule 1 [9] to that Act.
(2) The person is not entitled to any remuneration or compensation for ceasing to hold that office.
(3) The person appointed as a member of the Investigating Committee under section 24 (3) (b) as amended by the 2000 Act is taken to be appointed for the balance (if any) of the term for which the person referred to in subclause (1) was appointed.
(4) In this clause:
"the 2000 Act" means the Veterinary Surgeons Amendment Act 2000 .