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WESTERN AUSTRALIAN HEALTH PROMOTION FOUNDATION ACT 2016 - SECT 77

77 .         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 or issue of a transitional nature that arises as a result of a repeal or amendment by Part 8 or the enactment 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 must be taken to have existed, or not to have existed, on and after a day that is earlier than publication day for those regulations but not earlier than transition 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 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 publication day for those regulations.

        (6)         Regulations can be made under subsection (2) only within 24 months after the day on which this Act receives the Royal Assent.





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