New South Wales Consolidated Acts

DRIVING INSTRUCTORS ACT 1992 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 61)

Part 1 - General

1 Definitions

In this Schedule, "the 1961 Act" means the Motor Vehicle Driving Instructors Act 1961 .

2 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and the following Acts:

Traffic Legislation Amendment Act 1997 (but only in relation to the amendments made to this Act)

Driving Instructors Amendment Act 2002

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect on the date of assent to the Act concerned or on a later date.

(3) To the extent to which a provision referred to in subclause (1) takes effect on 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.

Part 2 - Provisions consequent on the Driving Instructors Act 1992

3 Licences

A licence issued under the 1961 Act and in force immediately before the repeal of that Act is, on the commencement of section 17 of this Act, taken to be a licence issued under that section. Such a licence continues in force (subject to this Act) for the remainder of the term for which it was issued.

4 Applications

An application for a licence made under the 1961 Act which had not been determined before the repeal of that Act is, on the commencement of section 11 of this Act, taken to be an application made under that section.

5 Renewals

An application for the renewal of a licence issued under the 1961 Act which had not been determined before the repeal of that Act is, on the commencement of section 23 of this Act, taken to be an application made under that section.

6 Appeals

An appeal made under section 7 of the 1961 Act in respect of which a decision had not been given before the repeal of that Act is to be dealt with as if the 1961 Act were still in force.

7 Legal proceedings

A person convicted of an offence against the 1961 Act is (for the purposes of this Act) taken to have been convicted of an offence against this Act.

8 Training

Section 10 (d) of this Act does not preclude the issue or renewal of a licence to a person:

(a) who is the holder of a licence to which clause 3 applies, or

(b) who is the maker of an application to which clause 4 or 5 applies,

Part 3 - Provisions consequent on Driving Instructors Amendment Act 2002

9 Definition

In this Part, "amending Act" means the Driving Instructors Amendment Act 2002 .

10 Applications lodged but not determined

(1) Section 10 (2), as inserted by the amending Act, does not apply to the issue of a licence under this Act that was applied for, but which application was not determined, before the commencement of that provision.

(2) Section 18 (2A), as inserted by the amending Act, extends to an application for a licence under this Act that was lodged but not determined before the commencement of that provision.

11 Reporting of misconduct

A requirement under section 54A or 54B to report alleged misconduct applies only in relation to misconduct alleged to have occurred on or after the commencement of the section concerned.