South Australian Numbered Acts South Australian Numbered ActsSchedule 1—Related amendments, repeal and transitional provisions
Part 1—Related amendments
In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Electricity Act 1996
2—Amendment of section 54—Emergency legislation not affected
Section 54—delete "Part 4A of the Public and Environmental Health Act 1987 " and substitute:
Part 11 of the South Australian Public Health Act 2011
Part 3—Amendment of Emergency Management Act 2004
3—Amendment of section 3—Interpretation
Section 3, definition of Chief Medical Officer —delete the definition and substitute:
Chief Public Health Officer means the Chief Public Health Officer under the South Australian Public Health Act 2011 and includes a person for the time being acting in that position;
4—Amendment of section 24A—Public health incidents and emergencies
Section 24A—delete " Public and Environmental Health Act 1987 " and substitute:
South Australian Public Health Act 2011
5—Amendment of section 25—Powers of State Co-ordinator and authorised officers
Section 25(3)—delete "Chief Medical Officer" and substitute:
Part 4—Amendment of Essential Services Act 1981
6—Amendment of section 6—Power to require information
(1) Section 6(3)(ca)—delete paragraph (ca) and substitute:
(ca) the administration of Part 11 of the South Australian Public Health Act 2011 ; or
(2) Section 6(6)(a)(iiia)—delete subparagraph (iiia) and substitute:
(iiia) the administration of Part 11 of the South Australian Public Health Act 2011 ; or
Part 5—Amendment of Fire and Emergency Services Act 2005
7—Amendment of section 108—Functions and powers
Section 108(1)(ba)—delete paragraph (ba) and substitute:
(ba) to assist the Chief Executive within the meaning of the South Australian Public Health Act 2011 , in accordance with the Public Health Emergency Management Plan, in carrying out prevention, preparedness, response or recovery operations under Part 11 of that Act;
Part 6—Amendment of Gas Act 1997
8—Amendment of section 54—Emergency legislation not affected
Section 54—delete "Part 4A of the Public and Environmental Health Act 1987 " and substitute:
Part 11 of the South Australian Public Health Act 2011
Part 7—Amendment of Health Care Act 2008
9—Amendment of section 51—Functions and powers of SAAS
Section 51(2)(b)—delete "the Public and Environmental Health Act 1987 " and substitute:
South Australian Public Health Act 2011
Part 8—Amendment of Summary Offences Act 1953
10—Amendment of section 83B—Dangerous areas
Section 83B(11)—delete "Part 4A of the Public and Environmental Health Act 1987 " and substitute:
Part 11 of the South Australian Public Health Act 2011
Part 9—Repeal
(1) The Public and Environmental Health Act 1987 is repealed.
(2) The Governor may, by proclamation, suspend the repeal of a specified provision or specified provisions of the Public and Environmental Health Act 1987 until a subsequent day fixed by proclamation, or a day to be fixed by subsequent proclamation.
(3) For the purposes of subclause (2), a reference to a provision of the Public and Environmental Health Act 1987 extends to a part of a provision (including a definition within a provision).
Part 10—Transitional provisions
In this Part—
repealed Act means the Public and Environmental Health Act 1987 .
(1) An appeal under section 25 of the repealed Act will, after the commencement of this clause—
(a) lie to the South Australian Public Health Council constituted under this Act rather than the Public and Environmental Health Council constituted under the repealed Act; and
(b) be heard and determined by the Public Health Review Panel constituted under this Act (with 3 members constituting the Review Panel and 2 members constituting a quorum) rather than a review committee constituted by the Council under the repealed Act.
(2) A reference in Part 3 Division 5 of the repealed Act to the Council will be taken to include a reference to SAPHC acting under subclause (1)(a) and a reference in that Division to a review committee will be taken to include a reference to the Review Panel acting under subclause (1)(b).
(3) Subclauses (1) and (2) apply despite the fact—
(a) that section 25 of the repealed Act may still be in operation on the commencement of this clause; and
(b) that the appeal relates to a requirement imposed under Part 3 of the repealed Act before the commencement of this clause.
To avoid doubt, nothing in this Act affects the operation of a warrant issued under section 32 of the repealed Act before the commencement of this clause (and that section will continue to apply to and in relation to a person who is subject to an application for a warrant or detention under that section until the matter or detention is brought to an end under that section).
To avoid doubt, nothing in this Act affects the operation of a direction under section 33 of the repealed Act in force immediately before the commencement of this clause (and that section will continue to apply to and in relation to a person who is subject to a direction under that section until the direction no longer has effect under that section).
16—Other transitional provisions
(1) The Governor may, by regulation, make other provisions of a saving or transitional nature consequent on the enactment of this Act.
(2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of the relevant Act or from a later day.
(3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.