New South Wales Consolidated Acts

EXPLOSIVES ACT 2003 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 37)

Part 1 - General

1 Regulations

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

this Act

(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.

Part 2 - Provisions consequent on enactment of this Act

2 Definitions

In this Part:
"existing licence" means a licence:

(a) that was issued under a provision of the former Act, and

(b) that was in force immediately before the provision was repealed.

(a) that was issued under a provision of the former Act, and

(b) that was in force immediately before the provision was repealed.

3 Saving of existing licences and permits relating to explosives

Subject to the regulations, an existing licence or existing permit that authorised an activity involving explosives:

(a) is taken to be a licence of the corresponding kind (as determined by the regulatory authority) granted under this Act, and

(b) continues to authorise the activity involving explosives in respect of which it was granted for the period of 12 months after the commencement of this clause (unless its term expires during that period or it is sooner surrendered or cancelled in accordance with this Act).

4 Conditions of existing licences and permits

Subject to the regulations, the conditions to which an existing licence or existing permit is subject are taken to be conditions imposed by the regulatory authority under this Act, and any such condition may be varied or revoked in accordance with this Act.

5 Reviews by Administrative Decisions Tribunal

Subject to the regulations, a review under section 29 of the former Act that was pending immediately before the repeal of that Act is to continue to be dealt with under section 24 of this Act.

6 Electronic applications for licences

(1) Despite Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (as applied by section 12 of this Act), an application referred to in section 41 of that Act may not be made by means of electronic communication.

(2) Subclause (1) does not limit the effect of the Electronic Transactions Act 2000 .

(3) This clause ceases to have effect on a day to be appointed by proclamation published on the NSW legislation website.

Part 3 - Provisions consequent on establishment of Security Licensing and Enforcement Directorate

7 Delegations

The delegation by the Commissioner under section 31 of the Police Act 1990 dated 24 October 2006 of the Commissioner’s functions under section 13 of this Act is taken to include, and to have included from 21 March 2011, a delegation to the persons holding the following offices in the Security Licensing and Enforcement Directorate, State Crime Command, NSW Police Force:

(a) Director,

(b) General Manager, Industry Regulation,

(c) General Manager, Operations,

(d) Manager, Adjudication,

(e) Manager, Assessment and Prevention,

(f) Manager, Licensing Services,

(g) Senior Assessment Officer,

(h) Assessment Officer,

(i) Adjudication Officer.