Animal Products Act 1999

Repeals, amendments, and transitional provisions

Schedule 1: Transitional, savings, and related provisions relating to amending Acts

You could also call this:

"Rules to help when the Animal Products Act 1999 law changes"

When a law changes, some things stay the same for a while. This is called a transitional provision. The Animal Products Act 1999 has some transitional provisions. You need to know what these provisions are so you can understand how the law applies to you. The law explains what happens to notices that were issued before the law changed.

The Director-General can issue notices under the law. Some notices that were issued before the law changed are called continuing notices. These notices keep working as if they were issued under the new law. You can find out more about notices in section 167 of the Animal Products Act 1999.

There are also notices that are not continuing notices. These notices keep working until a certain date, which is 4 years after the new law started. After that date, these notices are no longer valid. The Governor-General can declare a notice to be a continuing notice by making an Order in Council. This means the notice will keep working under the new law.

The Minister must recommend this to the Governor-General. The Minister can only do this if there is a similar provision in the new law that replaces the old one. You can learn more about Orders in Council in Part 3 of the Legislation Act 2019.

Some notices are not affected by the new law. You can find out more about this in clause 4 and clause 6. Section 167B does not apply to some notices. This is explained in clause 6.

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169: Repeals, amendments, and transitional provisions appear in Animal Products (Ancillary and Transitional Provisions) Act 1999, or

"Changes to other laws are explained in the Animal Products (Ancillary and Transitional Provisions) Act 1999"


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Schedule :, or

"An old part of the Animal Products Act 1999 that is no longer used."

1Transitional, savings, and related provisions relating to amending Acts Empowered by s 6C

1Provisions relating to Food Safety Law Reform Act 2018

1Operator of existing RMP to provide information now required with application to register programme (Repealed)

    Notes
    • Schedule 1 clause 1: repealed, on , by clause 1(5).

    Saving of notices issued by Director-General

    2Interpretation

    1. In this clause and clauses 3 to 5,—

      4-year date means the date that is 4 years after the commencement date

        commencement date means the date on which section 164 of the Food Safety Law Reform Act 2018 comes into force

          existing notice means a notice that was issued by the Director-General under this Act and was in force immediately before the commencement date

            new section 167 means section 167 as inserted by section 164 of the Food Safety Law Reform Act 2018.

            3Saving of notices where empowering provisions continued or replaced

            1. This clause applies to an existing notice (a continuing notice) that—

            2. was made only under 1 or more of the following:
              1. section 167(1)(a) (for section 14):
                1. section 167(1)(f) (for sections 38 and 40):
                  1. section 167(1)(i) (for section 50):
                    1. section 167(1)(j) (for section 53):
                      1. section 60 or 167(1)(ja) (for sections 60 and 60A):
                        1. section 167(1)(jb) (for section 60B):
                          1. section 167(1)(k) or (l) (for sections 62, 63, and 64):
                            1. section 167(1)(ld) (for section 81A):
                              1. section 167(1)(ma) (for section 117(4A)):
                                1. section 167(1)(n) (for section 158):
                                  1. section 167(1)(o) (for section 159); or
                                  2. is declared by Order in Council under clause 5 to be a continuing notice.
                                    1. A continuing notice continues in force as if it were a notice issued under new section 167(1) or (2) (as the case requires) for the purposes of,—

                                    2. if the provision for the purposes of which it was made remains in force (with or without modifications), that provision; or
                                      1. otherwise, the provision of the Act that, with or without modification, replaces or corresponds to the provision for the purposes of which it was made.
                                        1. A continuing notice may be amended or revoked as if it were a notice issued under new section 167(1) or (2) (as the case requires).

                                        4Transitional arrangement for other notices

                                        1. This clause applies in relation to an existing notice that is not a continuing notice.

                                        2. Until the 4-year date, a notice to which this clause applies—

                                        3. continues in force as if—
                                          1. it were a notice issued under new section 167(1) or (2) (as the case requires); and
                                            1. the provision for the purposes of which it was made had not been amended or repealed by Part 2 of the Food Safety Law Reform Act 2018; and
                                            2. may be amended or revoked by the Director-General by notice under section 167 as in force immediately before the commencement date as if Part 2 of the Food Safety Law Reform Act 2018 had not commenced; and
                                              1. may be revoked by the Director-General by notice under new section 167 or by the regulations.
                                                1. On the 4-year date, any notice to which this clause applies that remains in force is revoked.

                                                5Order in Council declaring notices to be continuing notices

                                                1. The Governor-General may, by Order in Council made on the recommendation of the Minister, declare an existing notice, or a class of existing notices, to be a continuing notice or notices for the purposes of clause 3.

                                                2. The Minister may not recommend the making of an order under this clause unless satisfied that, for each notice to which the order applies, there is an enactment in this Act as amended by the Food Safety Law Reform Act 2018

                                                3. that, with or without modification, replaces or corresponds to the enactment under which the notice was made; and
                                                  1. under which the notice could be made.
                                                    1. An Order in Council cannot be made under this clause on or after the 4-year date.

                                                    2. An order under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                                    Notes
                                                    • Schedule 1 clause 5(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

                                                    2Provision relating to Statutes Amendment Act 2022

                                                    6No consolidation of existing notices that are not continuing notices

                                                    1. Section 167B does not apply to a notice to which clause 4 applies.

                                                    Notes
                                                    • Schedule 1 clause 6: inserted, on , by section 7 of the Statutes Amendment Act 2022 (2022 No 75).