Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Definitions
In this Schedule:
commencement day means the day on which this item commences.
OTA Act means the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 .
2 Application--subsection 14(1A) of the OTA Act
Subsection 14(1A) of the OTA Act, as inserted by Schedule 1 to this Act, applies in relation to an appointment made on or after the commencement of this item.
3 Application--amendment made by item 23
The amendment made by item 23 of Schedule 1 to this Act applies in relation to an appointment made on or after the commencement of this item.
4 Continued engagement of consultants
(1) This item applies to a person if:
(a) before the commencement day, the person was engaged by the CEO as a consultant under section 26 of the OTA Act; and
(b) the engagement was in effect immediately before that day.
(2) The person is taken, on and after the commencement day, to be engaged by the Board as a consultant under section 26 of the OTA Act, as substituted by Schedule 1 to this Act, on the same terms and conditions that applied to the person's engagement immediately before that day.
(3) This item does not prevent those terms and conditions being varied on or after the commencement day.
5 Continued existence of expert advisory committees
(1) This item applies to an expert advisory committee if:
(a) the committee was established by the CEO under section 44 of the OTA Act before the commencement day; and
(b) the committee was in existence immediately before that day.
(2) The expert advisory committee is continued in existence (and may be dealt with), on and after the commencement day, as if it were an expert advisory committee established by the Board under section 44 of the OTA Act, as amended by Schedule 1 to this Act.
6 Continuation of appointment of expert advisory committee members
(1) This item applies to an appointment if:
(a) the appointment was made by the CEO under section 46 of the OTA Act before the commencement day; and
(b) the appointment is in force immediately before that day.
(2) The appointment continues in force (and may be dealt with), on and after the commencement day, as if it were an appointment made by the Board under section 46 of the OTA Act, as amended by Schedule 1 to this Act.
7 Duties of accountable authority
For the purposes of sections 39, 42 and 46 of the Public Governance, Performance and Accountability Act 2013 , the Board is the accountable authority of the Authority in relation to the reporting period (within the meaning of that Act) for the Authority that ends immediately before the commencement day.
8 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.
(2) However, to avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(3) This Act (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).