Australian Capital Territory Numbered Acts

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PUBLIC HEALTH (MISCELLANEOUS PROVISIONS) ACT 1997 (NO. 70 OF 1997) - SECT 35

Operator's licences—procedure licences

35. (1) An operator's licence in force under the Skin Penetration Act immediately before the commencement day continues in force on and after that day as if it had been granted as a procedure licence under section 45 of the new Public Health Act in relation to the public health risk procedure referred to in subsection 31 (2) of this Act.

(2) A procedure licence referred to in subsection (1) is—

        (a)     subject to the same conditions as the corresponding operator's licence; and

        (b)     otherwise subject to the new Public Health Act.

(3) If a suspension was in force under the Skin Penetration Act in relation to an operator's licence immediately before the commencement day—

        (a)     this section applies in relation to the licence;

        (b)     in the case of a suspension under subsection 23 (2) of the Skin Penetration Act—section 23 of the Skin Penetration Act continues to apply in relation to the suspended licence as if references in that section to a licence were references to the corresponding procedure licence; and

        (c)     in the case of a suspension under any other provision of the Skin Penetration Act—the suspension remains in force under the new Public Health Act as if it were a suspension of the corresponding procedure licence for the same period.

(4) If, immediately before the commencement day, an application had been made under section 15 of the Skin Penetration Act for an operator's licence, but no decision had been made in relation to the application, the application is to be taken to have been made in accordance with section 43 of the new Public Health Act for a procedure licence in relation to the public health risk procedure referred to in subsection 31 (2) of this Act.



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