Drug Summit Legislative Response Act 1999 (NSW)

An Act to amend the Drug Misuse and Trafficking Act 1985 to enable the licensing and operation of a medically supervised injecting centre for a trial period of 18 months; to make related amendments to other Acts; to repeal the Drug Offensive Act 1987; and for other purposes.

1Name of Act

This Act is the Drug Summit Legislative Response Act 1999.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3, 4

(Repealed)

5Repeal of Drug Offensive Act 1987 No 119

The Drug Offensive Act 1987 is repealed.

6Savings, transitional and other provisions

Schedule 4 has effect.

Schedules 1–3

(Repealed)

Schedule 4Savings, transitional and other provisions

(Section 6)

1Definitions

In this Schedule:

instrument means any Act or statutory instrument, or any other instrument, or any contract or agreement.

New South Wales Health Foundation means the New South Wales Health Foundation constituted by section 16 of the Health Administration Act 1982.

New South Wales Health Foundation Fund means the New South Wales Health Foundation Fund established under section 19 of the Health Administration Act 1982.

repealed Act means the Drug Offensive Act 1987, as in force immediately before its repeal by this Act.

statutory instrument means an instrument made under an Act or under an instrument made under an Act, and includes a regulation, by-law or ordinance made under an Act.

2Abolition of New South Wales Drug Offensive Council(1)

The New South Wales Drug Offensive Council established under the repealed Act, and any committees established by the Council, are abolished and their members removed from office.

(2)

No compensation is payable to any member of the Council, or any member of a committee established by the Council, who is removed from office under this clause.

3Abolition of New South Wales Drug Offensive Foundation(1)

The New South Wales Drug Offensive Foundation constituted under the repealed Act is abolished.

(2)

The assets, rights and liabilities of the New South Wales Drug Offensive Foundation, as at the date of its abolition by this clause, become the assets, rights and liabilities of the New South Wales Health Foundation.

(3)

Subject to subclause (4), the transfer of assets effected by subclause (2) does not affect any trust to which those assets are subject.

(4)

In any instrument, a reference to the New South Wales Drug Offensive Foundation is to be read as or as including, as appropriate, a reference to the New South Wales Health Foundation.

4Abolition of Drug Offensive Foundation Fund(1)

The Drug Offensive Foundation Fund established under the repealed Act is abolished.

(2)

Without limiting clause 3, all money that is in the Drug Offensive Foundation Fund, as at the date of its abolition by this clause, is to be paid into the New South Wales Health Foundation Fund.

5Annual report of the Department of Health in relation to the Foundation

There is to be included in the annual report of the Department of Health for the 1999–2000 financial year a report of the work and activities of the New South Wales Drug Offensive Foundation up to the time of its abolition by clause 3.

6Savings and transitional regulations(1)

The Governor may make regulations containing provisions of a savings or transitional nature consequent on the repeal of the repealed Act.

(2)

Such a provision may, if the regulations so provide, take effect from the date of assent to this Act or a later day.

(3)

To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

• (a)

  to 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 date of that publication, or

• (b)

  to 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 date of that publication.