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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 243

Transitional provisions—Health Act 1958

    (1)     On and from the commencement of this section—

        (a)     a Consultative Council established under section 24(1)(a) of the Health Act 1958 as in force immediately before that commencement is to be taken to have been established under section 33(1)(a) with the same members on the same terms and conditions;

        (b)     a Consultative Council appointed under section 24(1)(b) of the Health Act 1958 as in force immediately before that commencement is to be taken to have been appointed under section 33(1)(b) with the same members on the same terms and conditions;

        (c)     the person who was the Chairman of the Consultative Council on Obstetric and Paediatric Mortality and Morbidity established under section 162C of the Health   Act 1958 as in force immediately before that commencement is to be taken to be the Chairperson of CCOPMM on the same terms and conditions;

        (d)     a person who was a member of the Consultative Council on Obstetric and Paediatric Mortality and Morbidity established under section 162C of the Health   Act 1958 as in force immediately before that commencement is to be taken to be a member of CCOPMM on the same terms and conditions.

    (2)     Subsection (3) applies if—

        (a)     a Consultative Council established under section 24(1)(a) of the Health Act 1958 or appointed under section 24(1)(b) of the Health Act 1958 is a prescribed Consultative Council immediately before the commencement of this section and the Order under section 33(1)(a) establishing a prescribed Consultative Council under this Act specifies that subsection (3) applies; and

        (b)     any document or other information provided to that Consultative Council under the Health Act 1958 is in the possession of that Consultative Council immediately before that commencement.

    (3)     If this subsection applies, any document or other information referred to in subsection (2)(b) is to be taken to have been provided to the prescribed Consultative Council under this Act.

    (4)     On and from the commencement of this section, the following are to be taken to be registered under Part 6 on the same terms and conditions which applied immediately before that commencement—

        (a)     prescribed accommodation that was registered under Division 1 of Part XII of the  Health Act 1958 as in force immediately before that commencement;

        (b)     premises that were registered under Part XIX of the Health Act 1958 as in force immediately before that commencement.

    (5)     An application for the issue, transfer or renewal of registration of prescribed accommodation or premises made under the Health Act 1958 which has not been dealt with before the commencement of this section is to be taken to have been made under this Act.

    (6)     An application for a pest control licence made under the Health Act 1958 which has not been dealt with before the commencement of this section is to be taken to have been made under this Act.

    (7)     For the purposes of section 101(4), the Secretary must take into account the number of times that an application by a person to whom section 101(3) applies has been previously granted under section 108C(2A) of the Health Act 1958 .

    (8)     An Order or authorisation made or given under Division 2A of Part VI of the Health Act 1958 which is in force immediately before the commencement of this section is to be taken to have been made or given under Division 5 of Part 8.

    (9)     An order made under Division 3 of Part VI of the Health Act 1958 which is in force immediately before the commencement of this section is to be taken to have been made under Division 2 of Part 8.

    (10)     An application under section 122 of the Health Act 1958 for a review of an order which has not been determined before the commencement of this section is to be determined in accordance with that section as if the Health Act 1958 had not been repealed .

    (11)     An appeal under section 122 of the Health Act 1958 to the Supreme Court against an order which has not been determined before the commencement of this section is to be determined in accordance with that section as if the Health Act 1958 had not been repealed .



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