Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 133
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In this Part:
"commencement day" means the day on which Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2010 commences.
"former Board" means the Radiographers Registration Board established under the repealed Act.
"new Board" means the Radiographers Board of the Northern Territory established under this Act.
"repealed Act" means the Radiographers Act as in force immediately before the commencement day.
(1) Subsection (2) applies to a member of the former Board holding office immediately before the commencement day under section 4(2)(b) or (c) of the repealed Act.
(2) The member is taken to have been appointed a member of the new Board under clause 7(2)(a) of Schedule 1 and, subject to Schedule 2, holds office until the member's appointment under the repealed Act would have ended had it not been repealed.
(3) Subsection (4) applies to a member of the former Board holding office immediately before the commencement day under section 4(2)(d) of the repealed Act.
(4) The member is taken to have been appointed a member of the new Board under clause 7(2)(b) of Schedule 1 and, subject to Schedule 2, holds office until the member's appointment under the repealed Act would have ended had it not been repealed.
The Registrar of the former Board holding office immediately before the commencement day is taken to be the Registrar of the new Board.
The Register of Radiographers under the repealed Act immediately before the commencement day is taken to be the register kept under section 43 by the new Board.
(1) A radiographer registered under the repealed Act immediately before the commencement day is taken to be registered under this Act.
(2) The certificate of registration and practising certificate issued to the radiographer is taken to be a certificate of registration and practising certificate issued under this Act.
(3) Despite sections 40 and 49, the first due date for a practising certificate to which subsection (2) applies is 31 December 2010.
(4) A radiographer provisionally registered under the repealed Act immediately before the commencement day is taken to have interim registration under this Act.
(5) The certificate of provisional registration issued to the radiographer is taken to be an interim certificate of registration issued under this Act.
(6) In this section:
"first due date", for a practising certificate, means the due date first occurring after the commencement day.
(1) This section applies if, before the commencement day, the former Board had suspended a radiographer's certificate of registration under the repealed Act.
(2) The suspension ends on the date it would have ended had the repealed Act not been repealed.
(1) This section applies if, immediately before the commencement day, the former Board had not decided an application for registration under the repealed Act.
(2) The application is taken to be an application for a certificate of registration under this Act.
(1) This section applies if, immediately before the commencement day, the former Board had not decided an application for the restoration of a registration under the repealed Act.
(2) Despite its repeal, the new Board must decide the application as if the repealed Act had not been repealed.
(3) However, if the new Board decides to restore the applicant's registration, the Board must issue a certificate of registration and practising certificate to the applicant under this Act.
(1) This section applies if, immediately before the commencement day, an appeal against a decision of the former Board had not been decided.
(2) Despite its repeal, the appeal must be decided under the repealed Act.
(3) However, a decision on the appeal must be given effect under this Act.
This Part does not limit Part III of the Interpretation Act .
(1) The standards prescribed for clause 4 of Schedule 8 and in force immediately before the commencement day are taken to be standards prescribed by the Pharmacy Committee under the clause.
"commencement day" means the day on which Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2010 commences.
In this Part:
"commencement day" means the day on which the implementation provisions commence.
"former Board" means a Board that:
(a) had been established under this Act for a category of health care practice; and
(b) ceased to exist on the commencement day.
"implementation provisions" means Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2010 .
"National Board" means a National Board established by the Health Practitioner Regulation National Law (NT) .
(1) Subsection (2) applies if section 289 of the Health Practitioner Regulation National Law (NT) (the transitional provision ) applies in relation to a complaint being dealt with immediately before the commencement day.
(2) For applying the transitional provision, this Act is the Act of the participating jurisdiction under which the complaint was made (the notification Act ) even though the provision refers to the notification Act being repealed.
(3) Subsection (4) applies if, immediately before the commencement day, the Tribunal had not completed an inquiry into a complaint referred to it by a former Board.
(4) The Tribunal must deal with the complaint as the responsible Tribunal under Part 8, Division 12 of the Health Practitioner Regulation National Law (NT) :
(a) as if:
(i) the complaint had been referred to the Tribunal under that Law by a National Board; and
(ii) a reference in that law to the former Board were a reference to the National Board for the health profession for which the former Board had been established; and
(b) with any other changes that are necessary or convenient.
(5) In this section:
"complaint" includes a matter referred to the Tribunal under section 62(3) for an inquiry by a former Board on the basis that the complaint could have been grounds for a complaint.
(1) This section applies if, immediately before the commencement day:
(a) an application in relation to information made to a former Board under Part 3, Division 2 or 3 of the Information Act had not been decided; or
(b) an application for review of a decision made to a former Board under Part 3, Division 4 of the Information Act had not been decided; or
(c) a complaint made under Part 7 of the Information Act about a decision made by a former Board had not been determined; or
(d) a complaint made under Part 5 of the Ombudsman Act in relation to an administrative action taken by a former Board had not been finally dealt with under that Act.
(2) In addition, this section applies if:
(a) a former Board had decided an application under Part 3, Division 2 or 3 or Part 3, Division 4 of the Information Act ; and
(b) on the commencement day, the applicant would have been entitled under the Information Act to apply for a review of the decision, or to make a complaint about the decision, if the implementation provisions had not commenced.
(3) The Information Act or Ombudsman Act continues to apply in relation to the application, complaint or decision:
(a) as if:
(i) the implementation provisions had not commenced; and
(ii) a reference in that law to the former Board were a reference to the National Board for the health profession for which the former Board had been established; and
(b) with any other changes that are necessary or convenient.
(1) A health practitioner's business address recorded in a register immediately before the commencement day is taken to be the health practitioner's principal place of practice under the Health Practitioner Regulation National Law (NT).
(2) Subsection (1) has effect subject to the health practitioner declaring, under the Health Practitioner Regulation National Law (NT) , another place to be the health practitioner's principal place of practice.
In this Part:
"commencement day" means the day on which Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2010 commences.
(1) A regulation may provide for a matter of a transitional nature:
(a) because of the enactment of:
(i) the Health Practitioner Regulation (National Uniform Legislation) Act 2010 ; or
(ii) the Health Practitioner (National Uniform Legislation) Implementation Act 2010 ; or
(b) to otherwise allow or facilitate the transition from the operation of a law of the Territory to the operation of:
(i) the Health Practitioner Regulation National Law (NT) ; or
(ii) this Act.
(2) The regulation may have retrospective operation to a day not earlier than the commencement day.
(3) However, to the extent to which the regulation has retrospective operation, it does not operate to the disadvantage of a person (other than the Territory or a Territory authority) by:
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The regulation must declare it is made under this section.
This Part, and each regulation made under section 150, expires on 30 June 2011.