New South Wales Consolidated Acts

DRUG AND ALCOHOL TREATMENT ACT 2007 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of any Act that amends this Act.

(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 on the NSW legislation website, 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.

2 Transitional provision relating to adults subject to orders under Inebriates Act 1912

(1) This Act does not apply to a person who is a relevant adult detainee for the duration of an order made under the Inebriates Act 1912 that was in force in relation to the person immediately before 4 September 2012.

(2) The Inebriates Act 1912 continues to apply to such a person for the duration of the order, despite the repeal of that Act by the Courts and Other Legislation Further Amendment Act 2013 .

(3) In this clause--

"relevant adult detainee" means a person--

(a) who was being detained in an institution, pursuant to an order made under the Inebriates Act 1912 , immediately before 4 September 2012 (the date on which the Drug and Alcohol Treatment Act 2007 was extended to apply to the whole State), and

(b) who was an adult at the time that order was made, and

(c) who was still being detained in an institution under such an order, pursuant to section 55A of the Drug and Alcohol Treatment Act 2007 , immediately before the repeal of that section by the Courts and Other Legislation Further Amendment Act 2013 .

3 Transitional provision relating to minors subject to orders under Inebriates Act 1912

(1) The Inebriates Act 1912 continues to apply to a relevant minor detainee for the duration of the relevant order under that Act, despite the repeal of that Act by the Courts and Other Legislation Further Amendment Act 2013 .

(2) In this clause--

"relevant minor detainee" means a person--

(a) who was being detained in an institution, pursuant to an order made under the Inebriates Act 1912 , immediately before the commencement of the Courts and Other Legislation Further Amendment Act 2013 , and

(b) who was a minor at the time that order was made.