Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
[s. 107]
1 . Terms used in this Schedule
In this Schedule
—
commencement day means the day on which this Act
comes into operation;
liability means any liability, duty or obligation
whether actual, contingent or prospective, liquidated or unliquidated, or
whether owed alone or jointly or jointly and severally with any other person;
right means any right, power, privilege or
immunity whether actual, contingent or prospective;
the former Board means the Osteopaths Registration
Board established under the repealed Act;
the new Board means Osteopaths Registration Board
of Western Australia established under this Act;
the repealed Act means the Osteopaths Act 1997 .
2 . Interpretation Act 1984 not affected
The provisions of this
Schedule do not prejudice or affect the application of the
Interpretation Act 1984 to and in relation to the repeals effected by
sections 105 and 106.
3 . The Osteopaths Registration Board continues
(1) The new Board is a
continuation of, and the same legal entity as, the former Board and the rights
and liabilities of the entity are not affected.
(2) If in a written
law or other document or instrument there is a reference to the former Board,
that reference may, where the context so requires, be read as if it had been
amended to be a reference to the new Board.
(1) A member of the
former Board ceases to be a member on the commencement day.
(2) Two of the members
of the new Board as first constituted under this Act are to hold office for
such term, not exceeding 18 months, as is specified in the member’s
instrument of appointment.
5 . The registrar and other staff
(1) The registrar of
the former Board who held office immediately before the commencement day
continues in office, under and subject to this Act, as the registrar of the
new Board.
(2) The other officers
of the former Board who held office immediately before the commencement day
continue in office, under and subject to this Act, as officers of the new
Board.
(3) A person mentioned
in subclause (1) or (2) is to be regarded as having been engaged or employed,
as is relevant, under this Act.
(4) Except as
otherwise agreed by a person mentioned in subclause (1) or (2), the
remuneration, existing or accrued rights, rights under a superannuation scheme
or continuity of service of the person are not affected, prejudiced or
interrupted by the operation of subclause (1) or (2) or the repeal of the
Osteopaths Act 1997 .
(5) The rights under a
superannuation scheme of a person who was a registrar or officer of the former
Board are not affected, prejudiced or interrupted by the repeal of the
Osteopaths Act 1997 .
6 . Persons registered under the repealed Act
(1) A natural person
who immediately before the commencement day was registered under the repealed
Act is, on the commencement day, to be taken to be registered under this Act
for the period that, and subject to the same conditions as, applied to that
person’s registration under the repealed Act.
(2) If under subclause
(1) a person is to be taken to be registered under this Act, the new Board may
within 6 months of the commencement day, by notice in writing to the person,
impose the conditions referred to in section 30(2) on the person’s
registration under this Act.
The register of
osteopaths kept under section 28 of the repealed Act immediately before the
commencement day is to be taken to be the register required to be kept under
section 36.
8 . Certificates of registration issued under the
repealed Act
A certificate of
registration in force under the repealed Act immediately before the
commencement day is, subject to this Act, to be taken to be a certificate of
registration for the purposes of this Act.
9 . Restoration of certain names to the register
If a person’s
name has been struck off the register under section 70(1)(k) of the repealed
Act, section 35 applies to that person as if the person were a disqualified
person as defined in section 35(1).
(1) Subject to
subclause (2), if immediately before the commencement day a person was
suspended under a provision of the repealed Act that person is to be taken to
be suspended under this Act and section 80 applies to the suspension.
(2) If immediately
before the commencement day a person was suspended under section 70(1)(l) of
the repealed Act, section 80 applies to the suspension as if the person had
been suspended under section 78(1)(j).
11 . Undertakings under the repealed Act
(1) If a person has
given an undertaking under a provision of the repealed Act that undertaking is
not affected by the repeal of that Act.
(2) If the new Board
is satisfied that the person has breached the undertaking before, on or after
the commencement day, the Board may deal with the person as if the person had
failed to comply with an undertaking given under a provision of this Act.
12 . Matters being dealt with by the complaints
assessment committee
(1) On the
commencement day, the complaints assessment committee established under the
repealed Act as in force immediately before the commencement day continues as
if it had been established under section 49 and is to be taken to be the
committee established under that section.
(2) If immediately
before the commencement day the complaints assessment committee was dealing
with a complaint under Part 5 Division 2 of the repealed Act, the committee is
to continue dealing with the complaint as if the complaint were a complaint
lodged with the committee under this Act.
(3) If immediately
before the commencement day the complaints assessment committee was dealing
with a complaint under Part 5 Division 5 of the repealed Act, the committee is
to continue dealing with the complaint as if the complaint had been referred
to it under section 76 of this Act for conciliation.
13 . Matters being dealt with by the Board
(1) If immediately
before the commencement day the former Board was considering a recommendation
of the complaints assessment committee under section 52 of the repealed Act
but had not decided how to deal with the recommendation, the new Board is to
consider the recommendation as if section 58 applied to the recommendation.
(2) If immediately
before the commencement day the former Board was dealing with a matter under
Part 5 Division 3 of the repealed Act, the new Board is to deal with the
matter as if Part 5 Division 4 of this Act applied to the matter.
If immediately before
the commencement day an investigator was investigating a complaint under the
repealed Act Part 5 Division 4, the investigator is to continue investigating
the matter as if he or she had been appointed under Part 5 Division 7 of this
Act and the appointing body were —
(a)
where he or she was appointed by the complaints assessment committee
established under the repealed Act, that complaints assessment committee; or
(b)
where he or she was appointed by the former Board, the new Board.
If disciplinary
proceedings under Part 5 Division 6 of the repealed Act have been commenced
before the commencement day but not finally determined before that day, the
proceedings may be dealt with and determined under section 78 or 79, as the
case may require, as if an allegation had been made under this Act.
16 . Failure to comply with an order made under
the repealed Act
If immediately before
the commencement day an order made by the former Board was in effect in
relation to a person under the repealed Act, that order is not affected by the
repeal of that Act and failure to comply with it before, on or after the
commencement day may be dealt with under section 86 as if the order were an
order made under section 54 or 59, as the case requires.
17 . Registered body corporate
A body corporate
registered under section 21 of the repealed Act immediately before the
commencement day ceases to be so registered on the commencement day.
18 . Annual report for part of a year
(1) The former Board
is to make and submit an annual report as required by the repealed Act section
44, but limited to the period from 1 July preceding the commencement day to
the commencement day, and that section applies as if that period were a year.
(2) Despite the repeal
of the repealed Act and this Schedule, the former Board remains in existence
for the purpose of subclause (1) and is entitled to receive from the new Board
and its staff such assistance as it may require for the purpose.
19 . Powers in relation to transitional provision
(1) If there is no
sufficient provision in this Schedule for dealing with a transitional matter
the Governor may make regulations prescribing all matters that are required,
necessary or convenient to be prescribed in relation to that matter.
(2) Regulations made
under subclause (1) may provide that specific provisions of this Act —
(a) do
not apply; or
(b)
apply with specific modifications,
to or in relation to
any matter.
(3) Regulations made
under subclause (1) must be made within 12 months after the commencement day.
(4) If regulations
made under subclause (1) provide that a specified state of affairs is to be
taken to have existed, or not to have existed, on and from a day that is
earlier than the day on which the regulations are published in the Gazette but
not earlier than the commencement day, the regulations have effect according
to their terms.
(5) In subclause (4)
—
specified means specified or described in the
regulations.
(6) If regulations
contain a provision referred to in subclause (4), the provision does not
operate so as —
(a) to
affect in a manner prejudicial to any person (other than the State), the right
of that person existing before the day of publication of those regulations; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication of those regulations.