Transitional matters
29 Transitional matters
In this by-law – commencement day means the day on which these by-laws take effect; former by-laws means the Education and Training (Tasmanian Skills Institute) By-laws 2010 continued in force under section 11 of the Training and Workforce Development (Transitional Provisions) Act 2013; repeal day means the day on which the former by-laws ceased to be in effect.
An appointment, of a person to be an authorised person, that was in effect under the former by-laws immediately before the repeal day, is taken to be, on or after the commencement day, an appointment of an authorised person under these by-laws.
An approval of the constitution of a student organisation, or of an alteration of such a constitution, that is an approval that is in effect immediately before the repeal day is to be taken to be, on or after the commencement day, an approval of such a constitution, or of an alteration of such a constitution, respectively, given under these by-laws.
A determination or decision, of the Board or the chief executive officer, that is in effect under the former by-laws immediately before the repeal day, is taken to be, on or after the commencement day, a determination or decision of the Board or the chief executive officer, respectively, under these by-laws.
If – a permission is granted, a direction is given, or another decision is made, under the former by-laws by a person who was an authorised officer under the former by-laws; and the permission, direction or other decision is in effect immediately before the repeal day – the permission, direction or other decision is taken to be, on or after the commencement day, made under these by-laws by the person as an authorised officer.
A notice that is, immediately before the repeal day, being displayed under the former by-laws and that, after the commencement day, to be displayed is to be taken to be a notice being displayed under these by-laws.
A disciplinary sanction that is imposed on a student under the former by-laws and that is in effect immediately before the repeal day is taken to be, on or after the commencement day, imposed under these by-laws.
The deferral of an award, under the former by-laws, that is a deferral that was in effect immediately before the repeal day is taken to be, on or after the commencement day, a deferral of the award under these by-laws.
If a disciplinary offence is committed by a student against a provision (the former provision) of the former by-laws before the repeal day and before the repeal day – proceedings to impose a disciplinary sanction in relation to the offence had commenced, but had not been determined or withdrawn, the proceedings continue under these by-laws as if the former provision were a provision of these by-laws; or proceedings to impose a disciplinary sanction in relation to the offence had not commenced, proceedings may be taken under these by-laws in relation to the offence as if the former provision were a provision of these by-laws.
Nothing in this by-law is to be taken to limit the operation of section 16 of the Acts Interpretation Act 1931 except in relation to a matter specifically provided for in this by-law.
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