South Australian Numbered Acts

OCCUPATIONAL THERAPY PRACTICE ACT 2005 (NO 51 OF 2005) - SCHEDULE 1

Schedule 1—Repeal and transitional provisions

Part 1—Repeal of Occupational Therapists Act 1974

1—Repeal of Act

The Occupational Therapists Act 1974 is repealed.

Part 2—Transitional provisions

2—Transitional provisions relating to Board

        (1)         The Occupational Therapy Board of South Australia is the same body corporate as the Occupational Therapists Registration Board of South Australia established under the repealed Act.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)         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 occupational therapist will, for those purposes, be taken to be a reference to a person who is a registered occupational therapist under the repealed Act at the relevant time; and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        (1)         The register maintained under the repealed Act continues in existence as the register of occupational therapists under this Act.

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that register and any restrictions, limitations or conditions that applied to the registration of the person under the repealed Act immediately before that commencement will be taken to continue to apply to the registration of the person under this Act as if they had been imposed by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

        (3)         If a person who was removed from the register kept under the repealed Act for any reason and who had not, before the commencement of this Act, been reinstated on that register, applies for registration under this Act, the Board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 occupational therapists under this Act.

4—Transitional provision relating to occupational therapy students

A person who was, immediately before the commencement of this clause, enrolled in a course of study that provides qualifications for registration on the register of occupational therapists is, on due application to the Board, entitled to full registration on the occupational therapy student register.

5—Regulations

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