New South Wales Consolidated Acts

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DRUG MISUSE AND TRAFFICKING ACT 1985 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

Part 1 - Transitional and saving regulations

1 Regulations

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

Part 2 - Provision for Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 2016

2 Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 2016

(1) Part 3A of this Act, as substituted by the Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 2016 , applies, with any necessary modifications, to a substance referred to in that Part that was in the custody of a member of the NSW Police Force on the commencement of that Part.
(2) A direction made under section 39RA of this Act, before its repeal by the Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 2016 , in relation to a prohibited plant or prohibited drug that was not used in connection with a controlled operation or integrity testing program before that repeal is taken to have been given under section 39Q of this Act as inserted by that Act.

Part 3 - Validation of amendments to Schedule 1

3 Validation of amendments to Schedule 1

Any amendment made or purporting to have been made to Schedule 1 by a regulation made before the commencement of this clause is taken to be, and always to have been, validly made.

Part 4 - Provision for Justice Legislation Amendment Act (No 2) 2018

4 Testing of substances

Section 39CA, as inserted by the Justice Legislation Amendment Act (No 2) 2018 , extends to a substance to which Part 3A applies that was in the custody of a member of the NSW Police Force on the commencement of that section.

Part 5 - Provision for Drug Misuse and Trafficking Amendment (Appointed Persons) Act 2023

5 Validation of appointments under section 43(5)

(1) An appointment purported to have been made under section 43(5) before the commencement of the Drug Misuse and Trafficking Amendment (Appointed Persons) Act 2023 is taken to be, and always to have been, a valid appointment.
(2) Without limiting subclause (1), a relevant certificate is taken to be, and always to have been, a validly given certificate for the purposes of section 43.
(3) In this clause--

"relevant certificate" means a certificate given under section 43 by a person whose appointment is, because of subclause (1), taken to be, and always to have been, a valid appointment.



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