Tasmanian Numbered Acts Tasmanian Numbered ActsSCHEDULE 1 - Savings and Transitional Provisions
Section 47
1. Savings provisions relating to repealed Act
(1) A reference in an enactment or other instrument to the repealed Act is to be construed as a reference to this Act unless the contrary intention appears.
(2) Except as provided expressly or by necessary implication in this Act –
(a) all things and circumstances appointed or created by or under the repealed Act or existing or continuing under that Act immediately before the commencement day continue, subject to this Act, to have the same status, operation and effect as they respectively would have had if this Act had not been enacted; and
(b) without limiting paragraph (a), this Act does not disturb the continuity of status, operation or effect of –
(i) an order or decision of the court or of any other court; or
(ii) an enquiry, proceeding, action, appeal, liability, right or other matter or thing made, done, issued, granted, given, existing or continuing under the repealed Act before the commencement day.
(3) Nothing in subclause (1) or (2) derogates from section 16 of the Acts Interpretation Act 1931 .
2. Saving for certain orders
Where an order was in force under the repealed Act immediately before the commencement day suspending a person's registration as a land surveyor, the order has effect according to its tenor as if it were an order of the court prohibiting the person from carrying on business as a registered surveyor for the period of the prohibition.
3. References to registered surveyors, &c.
A reference in an Act or other instrument to a registered surveyor, a land surveyor or an authorised surveyor is taken to be a reference to a registered land surveyor acting lawfully under this Act.
4. Distribution of funds of Surveyors' Board
(1) As soon as practicable after the commencement day, the Surveyor-General must pay the money standing to the credit of the Board to an account in the Special Deposits and Trust Fund.
(2) The Surveyor-General must, after taking into account any recommendations made by the Director or an institution, pay that money to any person or body so as best to foster and control the practice of registered surveyors.
5. Saving for appeals
Where –
the appeal may be heard and determined by the Magistrates Court as if the decision of the Board were a decision of the Director.(a) the Board has imposed a penalty on a surveyor under section 18 of the repealed Act following an inquiry under that section; and
(b) the surveyor was, immediately before the commencement day, entitled to appeal to the Supreme Court under section 20 of the repealed Act –