New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the repeal of the Public Health Act 1902 or later.
(2A) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Health Legislation Amendment Act 1995 or any of the following Acts:Public Health Amendment (Tobacco Advertising) Act 1997 .Health Legislation Further Amendment Act 2004 (but only to the extent that it amends this Act or repeals the Nursing Homes Act 1988 )Health Legislation Amendment (Unregistered Health Practitioners) Act 2006Occupational Licensing Legislation Amendment (Regulatory Reform) Act 2009 (but only to the extent that it amends this Act or repeals the Optical Dispensers Act 1963 )
(2B) A provision referred to in subclause (2A) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(2C) The regulations may also contain provisions of a savings or transitional nature consequent on the enactment of the Water Legislation Amendment (Drinking Water and Corporate Structure) Act 1998 , but only in relation to the amendments made to this Act. Any such provision may, if the regulations so provide, take effect from the date of assent to that Act or a later date.
(3) To the extent that a provision referred to in subclause (1), (2A) or (2C) takes effect from a date that is earlier than the date of its 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 that 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 that date of publication.
In
this Part:
"appointed day" means the day appointed for the repeal of the Public Health
Act 1902 .
"former Act" means the Public Health Act 1902 as in force immediately before
the commencement of this Part.
If a proclamation in force under the former Act immediately before the appointed day had an effect that could be achieved under this Act by an order, the proclamation continues on that day to have effect as if it were such an order.
(1) A notification of a district in force under section 16 of the former Act immediately before the appointed day continues to have effect as if it were an order published on that day under section 63 of this Act.
(2) The appointment under section 18 of the former Act of a medical officer of health holding office immediately before the appointed day for a district continues to have effect as if it were a nomination made on that day under section 63 of this Act for that medical district.
(1) If, immediately before the appointed day, the Director-General was entitled under section 24 or 26A of the former Act to exercise a power, or to recover the cost of exercising a power, following a failure on the part of a local authority to comply with a requirement under that section to exercise the power, the failure to comply with the requirement has effect as a failure on the appointed day to comply with the same requirement made in a notice under section 10 of this Act given to the local authority.
(2) If, immediately before the appointed day, the time for compliance with a requirement made under section 24 or 26A of the former Act had not expired, the requirement has effect on the appointed day as if it were a requirement of a notice under section 10 of this Act to be complied with no later than the latest time for compliance fixed by the former Act.
If, immediately before the appointed day, a school or college was still closed in accordance with a notice published under section 41 of the former Act, the notice has effect on the appointed day as an order in force under section 8 of this Act.
A public health order in force immediately before the appointed day under Division 3A of Part 3B of the former Act continues to have effect as if it were a public health order:
(a) made on the appointed day under Division 6 of Part 3 of this Act, and
(b) expiring when it would have expired if the former Act had not been repealed.
An approval in force immediately before the appointed day under section 51 (3) or (4) of the former Act takes effect on the appointed day as if it had been made on that day under section 52 of this Act.
If, immediately before the appointed day, a well, dam, tank, stream or other source of water supply was still closed in accordance with a direction given in a notification published under section 72 of the former Act, the notification has effect on that day as an order in force under section 7 of this Act.
In this Part, "the Act" means the Health Legislation Amendment Act 1995 .
Section 50 (4), as replaced by Schedule 3 (1) to the Act, does not apply in respect of an offence alleged to have been committed before the replacement of that subsection. Section 50 (4), as in force immediately before its replacement by Schedule 3 (1) to the Act, continues to apply in respect of any such offence as if it had not been replaced.
(1) The duty, under section 69 (1), as inserted by Schedule 3 (2) to the Act, of a person who is providing professional care or treatment at a hospital does not apply in respect of a period during which a person was a patient at the hospital before the commencement of Schedule 3 (2) to the Act.
(2) The obligation, under section 69 (2), as inserted by Schedule 3 (2) to the Act, of the chief executive officer of a hospital does not apply in respect of a period during which a person was a patient at the hospital before the commencement of Schedule 3 (2) to the Act. However, section 69, as in force immediately before the commencement of Schedule 3 (2) to the Act, continues to apply in relation to information, concerning persons suffering from a notifiable disease who are, or who have been, patients at the hospital, that the chief executive officer possessed immediately before that commencement.
(1) Section 59, as amended by the Public Health Amendment (Tobacco) Act 1996 , does not apply in respect of proceedings for an offence under that section alleged to have been committed before the commencement of that amendment.
(2) Section 59, as in force immediately before the commencement of that amendment, continues to apply in respect of any such proceedings as if the amendment had not been made.
Section 59A, as inserted by the Public Health Amendment (Tobacco) Act 1996 , does not apply in respect of a contravention of section 59 that occurred before the commencement of section 59A.
An exemption under section 12 of the Tobacco Advertising Prohibition Act 1991 that was in force immediately before the repeal of that section continues to have effect as though that section were still in force, and despite the provisions of section 61H.
(1) The agreement dated 14 April 1989 made between the Minister for Health and Phillip Morris (Aust) Limited, Rothmans of Pall Mall (Aust) Limited, W D and H O Wills (Aust) Limited and R J Reynolds Tobacco (Aust) Inc., is terminated.
(2) No person is entitled to compensation, and no action or proceedings at law or in equity may be instituted or maintained by any person in respect of the termination of the agreement.
(1) The Tobacco Advertising Prohibition Committee is dissolved.
(2) No compensation or remuneration is payable to a former member of the Tobacco Advertising Prohibition Committee for loss of office as a consequence of the enactment of this clause.
Despite section 61F, a tobacco vending machine that, on the day before the Public Health Amendment (Tobacco Advertising) Bill 1997 was introduced into the Legislative Assembly, was lawfully placed on licensed premises (within the meaning of the Liquor Act 1982 ) that do not include a restricted area (within the meaning of that Act) may continue to be placed there until the close of business on 31 December 1998.
A reference in any other Act, statutory instrument or other document to a nursing home within the meaning of the Nursing Homes Act 1988 is taken to include a reference to a nursing home within the meaning of this Act.
Division 3 of Part 2A, as inserted by the Health Legislation Amendment (Unregistered Health Practitioners) Act 2006 , extends to a health practitioner whose registration is, immediately before that Division commences, cancelled (within the meaning of that Division) or suspended.