New South Wales Consolidated Acts

ANATOMY ACT 1977 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 19)

Part 1 - Preliminary

1 Regulations

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

Human Tissue and Anatomy Legislation Amendment Act 2003

(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 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.

Part 2 - Provisions consequent on enactment of Human Tissue and Anatomy Legislation Amendment Act 2003

2 Saving of licences

A licence issued under section 6 and in force immediately before the commencement of the amendments made to that section by the Human Tissue and Anatomy Legislation Amendment Act 2003 is taken, on the commencement of those amendments, to authorise the conduct of anatomical examinations at the place specified in the licence as the place at which the study and practice of anatomy may be conducted.

3 Application of amendments to section 12

(1) The amendments made to section 12 by the Human Tissue and Anatomy Legislation Amendment Act 2003 are taken to extend to a body that is in the possession of a holder of a licence for anatomical examination immediately before the commencement of those amendments, including any human tissue from that body.

(2) If such a body has been retained for more than 4 years after the death of the person (under an authority granted under former section 12 (2)), new section 12 (1) applies as if a reference in that subsection to the death of the deceased person were a reference to the commencement of new section 12 (1).

(3) In this clause:

"former section 12 (2)" means section 12 (2) as in force immediately before its substitution by the Human Tissue and Anatomy Legislation Amendment Act 2003 .

"new section 12 (1)" means section 12 (1) as substituted by the Human Tissue and Anatomy Legislation Amendment Act 2003 .

Part 3 - Provision consequent on enactment of Human Tissue Legislation Amendment Act 2012

4 Authority for anatomical examination where prior objection or views expressed

Sections 8 and 8A, as amended by the Human Tissue Legislation Amendment Act 2012 , extend to any relevant expression of objection or views that occurred before the commencement of that Act.