AustLII Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PROFESSIONAL STANDARDS AMENDMENT ACT 2016 (NO. 49 OF 2016) - SECT 19

Section 35 amended (Duration of scheme)

Section 35 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the following subsections:
(1)  A scheme, other than an interstate scheme, must specify the period (not exceeding 5 years) for which it is to remain in force after its commencement.
(1A)  A scheme, other than an interstate scheme, remains in force until whichever of the following first occurs:
(a) the expiration of the period specified in the scheme in accordance with subsection (1) or, if that period has been extended under subsection (2) , the expiration of that extended period;
(b) the scheme is revoked;
(c) the scheme's operation ceases because of the operation of another Act;
(d) the scheme is declared void by –
(i) an order made by the Supreme Court under section 16 ; or
(ii) an order made by the Supreme Court of another jurisdiction under the corresponding law of that jurisdiction;
(e) the scheme is disallowed under section 47(4) of the Acts Interpretation Act 1931 .
(1B)  An interstate scheme remains in force in relation to Tasmania until whichever of the following first occurs:
(a) the expiration of the period for which the scheme is in force under the corresponding law of the other jurisdiction in which the scheme was prepared or, if that period has been extended under that corresponding law, the expiration of that extended period;
(b) the scheme otherwise ceases to have effect in that other jurisdiction;
(c) the scheme's operation in relation to Tasmania has been terminated under this Act;
(d) the scheme is disallowed under section 47(4) of the Acts Interpretation Act 1931 .
(b) by omitting from subsection (2) "scheme" and substituting "scheme, other than an interstate scheme," ;
(c) by inserting the following subsections after subsection (3) :
(4)  If the Minister under subsection (2) extends the period for which a scheme is in force and that scheme indicates an intention to operate as a scheme of both Tasmania and another jurisdiction, the Minister is to notify the Minister administering the corresponding law of that other jurisdiction of that extension.
(5)  If the Minister is notified that the period for which an interstate scheme is in force has been extended under the corresponding law of the jurisdiction in which the scheme was prepared, the Minister must cause notice of that extension to be published in the Gazette .



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]