Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 676

676 .         Transitional regulations

        (1)         In this section —

        publication day , for regulations made under subsection (2), means the day on which those regulations are published in the Gazette ;

        specified means specified or described in regulations made under subsection (2);

        transitional matter

            (a)         means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the written laws repealed by Part 28 to the provisions of this Act; and

            (b)         includes a saving or application matter.

        (2)         If there is no sufficient provision in this Part for dealing with a transitional matter, the Governor may make regulations prescribing matters —

            (a)         required to be prescribed for the purpose of dealing with the transitional matter; or

            (b)         necessary or convenient to be prescribed for the purpose of dealing with the transitional matter.

        (3)         Regulations made under subsection (2) may provide that specified provisions of this Act —

            (a)         do not apply to or in relation to a specified matter; or

            (b)         apply with specified modifications to or in relation to a specified matter.

        (4)         If regulations made under subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the publication day for those regulations but not earlier than commencement day, the regulations have effect according to their terms.

        (5)         If regulations made under subsection (2) contain a provision referred to in subsection (4), the provision does not operate so as —

            (a)         to affect in a manner prejudicial to a person other than the State or an authority of the State the rights of that person existing before the publication day for those regulations; or

            (b)         to impose liabilities on a person other than the State or an authority of the State in respect of an act done or omission made before the publication day for those regulations.

        (6)         Regulations can only be made under subsection (2) within 12 months after commencement day.

        [Section 676 inserted: No. 25 of 2014 s. 9.]



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