New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of--the Poisons Amendment (Therapeutic Goods) Act 1996Nurses Amendment (Nurse Practitioners) Act 1998Health Legislation Amendment Act 2004 (but only to the extent that it 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 day.
(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 the publication.
In this Part--
"amending Act" means the Poisons Amendment (Therapeutic Goods) Act 1996 .
"earlier Act" means the Therapeutic Goods and Cosmetics Act 1972 .
(1) If an order in force under section 6 of the earlier Act was applicable to section 42 of that Act immediately before the repeal of that Act by the amending Act, the order is taken to be an order made under section 36 of this Act, as in force after the commencement of Schedule 1 [25] to the amending Act.
(2) If an order in force under section 6 of the earlier Act was applicable to section 43 of that Act immediately before the repeal of that Act by the amending Act, the order is taken to be an order made under section 34 of this Act, as in force after the commencement of Schedule 1 [25] to the amending Act.
(1) If--(a) a licence authorising its holder to sell a substance or device by wholesale is in force under Division 2 of Part 3 of the earlier Act immediately before the repeal of that Division by the amending Act, and(b) the substance or device is a substance specified in Schedule 1, 2, 3 or 7 of the Poisons List or a restricted substance,the licence is taken to be a wholesaler's licence in force for the purposes of section 9 of this Act (as substituted by the amending Act).
(2) If--(a) an authority is in force under the regulations immediately before the commencement of Schedule 1 [12] to the amending Act, and(b) the authority authorises its holder to supply by wholesale for use only in or on animals a substance specified in Schedule 1, 2, 3 or 7 of the Poisons List or a restricted substance,the authority is taken to be a wholesaler's authority in force for the purposes of section 9 of this Act.
(3) If a licence was in force under section 9 of this Act (as in force immediately before the commencement of Schedule 1 [12] to the amending Act), the licence is taken to be a general supplier's licence in force for the purposes of section 10 of this Act (as in force after that commencement).
(4) If--(a) a licence authorising its holder to use a device is in force under Division 2 of Part 3 of the earlier Act immediately before the repeal of that Division by the amending Act, and(b) the device is therapeutic goods within the meaning of this Act,the licence is taken to be a user's licence in force for the purposes of section 36C of this Act.
A licence that was, immediately before the repeal of the earlier Act by the amending Act, suspended under section 21 of that Act is taken to be suspended for the purposes of this Act. This clause applies to a licence only if the licence is otherwise saved by clause 4.
An inspector holding office under section 29 of the earlier Act immediately before the repeal of that Act by the amending Act is taken to be an inspector appointed under section 42 of this Act (as substituted by the amending Act).
An analyst holding office under section 39 of the earlier Act immediately before the repeal of that Act by the amending Act is taken to be an analyst appointed under section 37A of this Act.
Goods seized under section 30 of the earlier Act and not disposed of under that Act before the repeal of that Act by the amending Act are to be disposed of under the earlier Act as if that Act had not been so repealed.
If a notice served on a person under section 41 of the earlier Act has not been complied with before the repeal of that Act by the amending Act, then, despite that repeal, the notice continues to have effect as if that section had not been repealed.
If a notice served on a person under section 19 or 21 of the earlier Act has not had effect before the repeal of that Act by the amending Act, then, despite that repeal, the notice continues to have effect as if that section had not been repealed.
Section 52 of the earlier Act relating to appeals continues to apply to and in respect of an appeal made under that Act and pending immediately before the repeal of that Act by the amending Act.
Any regulations in force for the purposes of section 24 (2) (f) of this Act immediately before the commencement of Schedule 1 [21] to the amending Act are taken to be regulations made for the purposes of section 45C (1B) (c) of this Act.