South Australian Numbered Acts

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CHIROPRACTIC AND OSTEOPATHY PRACTICE ACT 2005 (NO 30 OF 2005) - SCHEDULE 1

Schedule 1—Repeal and transitional provisions

Part 1—Repeal of Chiropractors Act 1991

1—Repeal of Act

The Chiropractors Act 1991 is repealed.

Part 2—Transitional provisions

2—Transitional provisions relating to Board

        (1)         The Chiropractic and Osteopathy Board of South Australia is the same body corporate as the Chiropractors Board of South Australia continued in existence under the repealed Act.

        (2)         On the commencement of this clause, all members of the Board then in office vacate their respective offices so that fresh appointments may be made to the Board under this Act.

        (3)         Despite section 6, the first appointment under subsection (1)(b) will be of a person nominated by the Minister as a suitable person to represent the interests of osteopaths.

        (4)         If appointments are to be made to the Board pursuant to the Acts Interpretation Act 1915 prior to the commencement and for the purposes of section 6

            (a)         a reference in that section to chiropractor will, for those purposes, be taken to be a reference to a person who is a registered chiropractor under the repealed Act at the relevant time; and

            (b)         despite section 14C(3) of the Acts Interpretation Act 1915 , such an appointment takes effect on the commencement of section 6 and not before.

3—Transitional provisions relating to registration

        (1)         The register maintained under the repealed Act continues in existence as the register of chiropractors under this Act.

        (2)         The Registrar will, on the commencement of this Act, remove from the register any company that was registered as a chiropractor under the repealed Act.

        (3)         A person who is registered on the register of chiropractors immediately following the commencement of this clause will be taken to be registered under this Act on that register and any restrictions, limitations or conditions that applied to the registration of the person under the repealed Act immediately before that commencement will be taken to continue to apply to the registration of the person under this Act as if they had been imposed by the Board under this Act.

        (4)         If a person referred to in subclause (3) makes due application within 3 months of the commencement of this clause for—

            (a)         registration on the register of osteopaths; or

            (b)         removal from the register of chiropractors and registration on the register of osteopaths,

the Board must, if satisfied as to the matters set out in section 27(1)(a) to (d), grant the application.

        (5)         No fees are payable in respect of an application under subclause (4).

        (6)         If a person who was removed from the register under the repealed Act for any reason and who had not, before the commencement of this Act, been reinstated on that register, applies for registration under this Act, the Board may deal with the application as though it were an application for reinstatement on the register of chiropractors under this Act.

4—Regulations

The regulations may make other provisions of a savings or transitional nature consequent on the enactment of this Act.



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