Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 783

Regulations dealing with transitional matters

    (1)     The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made by or as a result of the enactment of this Act.

    (2)     Regulations made under this section may—

        (a)     have a retrospective effect to a day on or after a day that is not earlier than the day on which this Act receives the Royal Assent;

        (b)     be of limited or general application;

        (c)     differ according to time, place or circumstance;

        (d)     exempt entities or classes of entity from any of the regulations made under this section;

        (e)     leave any matter or thing to be decided by a specified person or class of person.

    (3)     To the extent to which regulations made under this section take effect from a date that is earlier than the date of their making, the regulations do 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 their making; or

        (b)     to impose liabilities on any person (other than the State or an authority of the State) in respect of any thing done or omitted to be done before the date of their making.

    (4)     Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006 ) or in any subordinate instrument.

    (5)     This section is repealed on the second anniversary of its commencement.

Ch. 19 (Headings and ss 784–885) amended by No. 20/2023 s. 49, repealed by No. 39/2022 s. 885.

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