Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Division 2.3.1A Application of ch 2 to first elections and suspended boards
52A Application of ch 2 to first election for professions previously unregulated under the Act
(1) This section applies if a regulation (the amending regulation ) amending schedule 1 to establish a health profession has been made and notified but has not commenced.
(2) Appointments may be made to the health profession board under part 2.2, and elections may be conducted for members of the board under part 2.2 and part 2.3, as if the amending regulation had commenced.
(3) Without limiting subsection (2)—
(a) anything may be done for the purpose of making an appointment or conducting an election; and
(b) a successful candidate for election may be declared elected.
(4) For subsection (2), chapter 2 (Health profession boards) applies to the making of an appointment, or the conduct of an election, as if—
(a) a person who would be registered in the health profession if the amending regulation had commenced were registered in the health profession; and
(b) the words ‘, from the community representative list,' were omitted from section 10 (3) (Appointment of board members); and
(c) section 11 (1) (Consultation about appointment to board) were omitted; and
(d) section 12 (Community representatives) were omitted; and
(e) the words ‘the board president and' were omitted from section 35 (1) (If no candidates); and
(f) a reference in chapter 2 to the board president were a reference to the Minister; and
(g) any other necessary changes were made.
(5) Without limiting subsection (4), anything that may or must be done under chapter 2 by or in relation to the board president may or must be done by or in relation to the Minister.
(6) This section is additional to the Legislation Act, section 81 (Exercise of powers between notification and commencement).
(7) However, if the health profession is regulated under a repealed Act, subsection (4) (c) applies in relation to the health profession board for the profession as if it read as follows:
‘(c) the reference in section 11 (1) (Consultation about appointment to board) to the health profession board is taken to be a reference to the board established under the repealed Act that regulates the profession under that Act;'.
(8) Also, if the health profession is regulated under a repealed Act, an election under part 2.3 to the health profession board for that profession is not invalid only because a person registered, or taken to be registered, as a member of the profession when the election is held is not registered as a member of the profession when the schedule that establishes the board commences.
(9) In this section:
"repealed Act" means an Act, other than the Medical Practitioners Act 1930 , mentioned in the Act, section 136 (Repeals).
(10) This section does not apply in relation to medical practitioners.
Note See s 52B.
(11) Subsections (7) to (10) and this subsection expire on 8 July 2006.
52B Application of ch 2 to first election of medical board under Act
(1) This section applies to the ACT Medical Board (the medical board ).
(2) Appointments may be made to the medical board under part 2.2, and elections may be conducted for members of the medical board under part 2.2 and part 2.3, as if schedule 1 and schedule 2 had commenced.
(3) Without limiting subsection (2)—
(a) anything may be done for the purpose of making an appointment or conducting an election; and
(b) a successful candidate for election may be declared elected.
(4) For subsection (2), chapter 2 (Health profession boards) applies to the making of an appointment, or the conduct of an election, as if—
(a) a person who would be registered in the medical profession if schedule 1 and schedule 2 had commenced were registered in the medical profession; and
(b) the words ‘, from the community representative list,' were omitted from section 10 (3) (Appointment of board members); and
(c) the reference in section 11 (1) (Consultation about appointment to board) to the health profession board is taken to be a reference to the medical board established under the Medical Practitioners Act 1930 ; and
(d) section 12 (Community representatives) were omitted; and
(e) the words ‘the board president and' were omitted from section 35 (1); and
(f) a reference in chapter 2 to the board president were a reference to the Minister; and
(g) any other necessary changes were made.
(5) Without limiting subsection (4), anything that may or must be done under chapter 2 by or in relation to the board president may or must be done by or in relation to the Minister.
(6) Anything done, or purported to have been done, under this regulation before the commencement of this section has effect after that commencement as if this section (and every other provision of this regulation) had been in force when the thing was done.
(7) To remove any doubt, a failure to comply with section 26 (3) (List of health professionals) in relation to an election for the medical board, whether held before the commencement of this section or otherwise, does not invalidate the election.
(8) An election under part 2.3 to the medical board is not invalid only because a person registered, or taken to be registered, as a medical practitioner when the election is held is not registered as a medical practitioner when schedule 2 commences.
(9) This section is additional to the Legislation Act, section 81 (Exercise of powers between notification and commencement).
(10) This section expires on 8 July 2005.
52C Application of ch 2 to elections if board suspended
(1) This section applies if the health profession board for a health profession is suspended.
(2) Chapter 2 applies to the conduct of an election as if—
(a) the words ‘the board president and' were omitted from section 35 (1) (If no candidates); and
(b) a reference in chapter 2 to the "board president", in relation to the suspended board, were a reference to the Minister; and
(c) any other necessary changes were made.
(3) Without limiting subsection (2), anything that may or must be done under chapter 2 by or in relation to the health profession board president may or must be done by or in relation to the Minister.