Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 58]
[Heading inserted by No. 25 of 2004
s. 26.]
Division 1 — Provisions relating to the
Professional Standards Amendment Act 2004
[Heading inserted by No. 3 of 2010
s. 29(2).]
In this
Division —
amending Act means the
Professional Standards Amendment Act 2004 ;
commencement means the commencement of the
amending Act 1 .
[Clause 1 inserted by No. 25 of 2004
s. 26; amended by No. 3 of 2010 s. 29(3).]
Section 29, as
inserted by the amending Act, extends to apply in respect of schemes in force
at the commencement.
[Clause 2 inserted by No. 25 of 2004
s. 26.]
3 . Limitation of damages in respect of subsisting
causes of action
(1) Sections 34,
35 and 36, as in force immediately before the commencement, continue to apply
in respect of any cause of action that arose before the commencement as if
those amendments had not been made, except as provided by subclause (2).
(2) The amendments to
sections 34, 35 and 36 made respectively by
sections 13(b), 14(c) and 15(1)(b) of the amending Act apply in
relation to a cause of action arising before as well as after the
commencement.
(3) Section 41,
as in force immediately before its repeal by the amending Act, continues to
apply in respect of any cause of action arising from anything done or omitted
before its repeal.
[Clause 3 inserted by No. 25 of 2004
s. 26.]
4 . Determination of extent of limitation of
damages
The amendments made by
the amending Act to section 39 do not apply in respect of a determination
made under that section before those amendments took effect.
[Clause 4 inserted by No. 25 of 2004
s. 26.]
5 . Fees for applications for approval of
amendment to or revocation of scheme
For the avoidance of
doubt, section 55, as in force immediately before the commencement of the
amending Act, is to be taken always to have empowered the prescription by
regulation of any fee that might be prescribed under that section as in force
after the commencement.
[Clause 5 inserted by No. 25 of 2004
s. 26.]
6 . Regulations for savings or transitional
purposes
(1) Regulations made
under section 55 may contain provisions of a savings or transitional
nature consequent on the enactment of the amending Act.
(2) If regulations
made under subclause (1) provide that a state of affairs specified or
described in the regulations is to be taken to have existed, or not to have
existed, at and from a day that is earlier than the day on which the
regulations are published in the Gazette but not earlier than the day on which
the amending Act is assented to, the regulations have effect according to
their terms.
(3) If regulations
contain a provision referred to in subclause (2), the provision does not
operate so as to —
(a)
affect in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before the day of
publication of those regulations; or
(b)
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.
[Clause 6 inserted by No. 25 of 2004
s. 26; amended by No. 3 of 2010 s. 29(4).]
Division 2 — Provisions relating to the Professional
Standards Amendment Act 2010
[Heading inserted by No. 3 of 2010
s. 29(5).]
In this
Division —
amending Act means the Professional Standards
Amendment Act 2010 ;
commencement day means the day mentioned in the
amending Act section 2(b) 1 .
[Clause 7 inserted by No. 3 of 2010
s. 29(5).]
Section 5, as in
force immediately before commencement day, continues to apply to a cause of
action that arose before commencement day.
[Clause 8 inserted by No. 3 of 2010
s. 29(5).]
9 . Application of schemes to officers, partners,
employees and associates
Section 34A, as
in force on and from commencement day, does not apply to a cause of action
that arose before commencement day.
[Clause 9 inserted by No. 3 of 2010
s. 29(5).]
The application of
section 42, as in force on and from commencement day, extends to a cause
of action that arose before commencement day but not so as to affect any
decision of a court, or any compromise or settlement made before commencement
day.
[Clause 10 inserted by No. 3 of 2010
s. 29(5).]
11 . Expiry date of existing schemes
Any period determined
by the Council under section 44A(1), as in force before commencement day,
as the period for which a scheme is to remain in force is to be taken to be
specified in the scheme.
[Clause 11 inserted by No. 3 of 2010
s. 29(5).]
The provisions of
clause 6 apply in relation to the amending Act as if those provisions
were part of this Division.
[Clause 12 inserted by No. 3 of 2010
s. 29(5).]
