New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 98)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActCompanion Animals Amendment Act 2001Companion Animals Amendment Act 2005Companion Animals Amendment Act 2006
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such 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 its 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 its publication.
In this Schedule:
"Dog Act" means the Dog Act 1966 as in force immediately before the
commencement of this clause.
(1) This clause applies to dogs registered under the Dog Act immediately before the commencement of this clause. This clause ceases to apply to a dog that becomes registered under this Act or that ceases to be registered under the Dog Act.
(2) The provisions of the Dog Act and the regulations under the Dog Act continue in force (as if they had not been repealed) for the purposes of enabling a dog to which this clause applies to be registered under the Dog Act during the "transition period".
(3) The transition period is the period of 3 years that starts on the commencement of this clause. The regulations may change the transition period to any other period not shorter than 1 year and not longer than 5 years, either for all dogs to which this clause applies or for dogs of a particular class or description.
(4) Section 8 (Identification required from 12 weeks of age and before sale) and section 9 (Registration required from age 6 months) of this Act do not apply during the transition period in respect of a dog while it is registered under the Dog Act as provided by this clause.Note: This clause does not prevent a dog to which this clause applies being registered under this Act either immediately or at any time during the transition period. A dog to which this clause applies will have to be registered under this Act before it can be sold.
(5) Dogs registered under the Dog Act immediately before the commencement of this clause continue to be registered under the Dog Act as applying under this clause.
(6) Section 12 (Dog to wear collar and tags) of this Act applies in respect of a dog registered under the Dog Act during the transition period as if the dog were registered under this Act and as if the registration tag most recently issued under the Dog Act to the owner of the dog were the current registration tag for the dog under this Act.
(6A) Sections 12 (1) (b) and 77 (and the definition of "registration tag"), as in force immediately before their repeal by the Statute Law (Miscellaneous Provisions) Act (No 2) 2001 , continue to apply during the transition period in relation to a dog to which this clause applies as if those provisions had not been repealed. However (and despite subclause (6)), section 12 (1) (b) does not apply if the dog is identified in accordance with the regulations.
(6B) Without limiting subclause (6A), and for avoidance of doubt, it is declared that a person may be prosecuted (and a penalty notice may be served) for an offence committed during the transition period under section 12 or 77 in relation to a dog, or the registration tag of a dog, to which this clause applies.Note: The Statute Law (Miscellaneous Provisions) Act (No 2) 2001 repealed the provisions of this Act (including sections 12 (1) (b) and 77) that deal with registration tags for companion animals.
(7) The registration fee payable for the registration of a dog under the Dog Act as provided by this clause is the fee as payable under the Dog Act immediately before the commencement of this clause, but the regulations under this Act may prescribe some other fee for that purpose.
(8) The regulations may create exceptions to this clause, either for all dogs to which this clause applies or for dogs of a particular class or description.
A disqualification in force under section 19A (Disqualification from owning a dog) of the Dog Act immediately before the repeal of that section is taken to have been made by order of the court concerned under section 23 of this Act with the period of disqualification specified in the order being the remaining period of disqualification under section 19A at the time of its repeal.
(1) A declaration of a council in force under Division 2 (Power of councils to declare dogs dangerous) of Part 2 of the Dog Act immediately before the repeal of that Division is taken to be a declaration of the council under Division 1 of Part 5 of this Act.
(2) A declaration of a Local Court in force under Division 3 (Power of Local Court to declare dogs dangerous) of Part 2 of the Dog Act immediately before the repeal of that Division is taken to be a declaration of a Local Court under Division 2 of Part 5 of this Act.
(1) A provision of the Dog Act continues in force after its repeal for the purposes of any civil or criminal proceedings (commenced before or after its repeal) in respect of any act, matter or thing occurring before its repeal.
(2) The regulations under clause 1 may provide for the continuation, in respect of a particular class or description of dogs, of provisions of the Dog Act and the regulations under that Act as if they had not been repealed.
A declaration by a council in force under Part 5 immediately before the commencement of this clause is taken to be a declaration by an authorised officer of the council under that Part (as amended by the Companion Animals Amendment Act 2006 ).