New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 56)
(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.
(4) Regulations made as referred to in subclause (1) may have effect despite the terms of any savings or transitional provisions contained in this Schedule, if the regulations so provide.
(1) In this Part:
"new electricity safety legislation" means:(a) any provision of this Act (other than Schedules 2-4), and(b) any provision of the Electricity Supply Act 1995 inserted in that Act by an amendment made by Schedule 2 to this Act, and(c) any provision of the Energy and Utilities Administration Act 1987 inserted in that Act by an amendment made by Schedule 3 to this Act."repeal date" means the date on which the repealed Act is repealed by this Act.
"repealed Act" means the Electricity Safety Act 1945 as in force immediately before its repeal by this Act.
(2) For the purposes of this Part:(a) a provision of the new electricity safety legislation corresponds to a provision of the repealed Act if the provision is in the same (or in substantially the same) terms as the provision in the repealed Act, and(b) a function under the new electricity safety legislation corresponds to a function under the repealed Act if the function is the same (or substantially the same) as the function under the repealed Act.
(1) The repealed Act and any regulations, approvals, exemptions, declarations or orders made under that Act continue to apply with respect to the following matters as if this Act had not been enacted:(a) an offence or alleged offence against the repealed Act or the regulations made under that Act,(b) any proceedings for any such offence,(c) any notice given to a distribution network service provider (within the meaning of the Electricity Supply Act 1995 ) under section 19G of the repealed Act in force immediately before the repeal date,(d) any application for a notification of a type specification pending under section 21B of the repealed Act immediately before the repeal date,(e) any notification of a type specification given under section 21B of the repealed Act before the repeal date,(f) any appeal to the Minister under section 21C (9) of the repealed Act that is pending (or any entitlement to appeal to the Minister under that subsection that has not been exercised) immediately before the repeal date,(g) any notice or notification issued under section 21E of the repealed Act in force immediately before the repeal date,(h) any notice issued under section 21F of the repealed Act in force immediately before the repeal date or any label affixed to an electrical article under that section before the repeal date,(i) any electrical article seized under section 21F of the repealed Act before the repeal date,(j) any search warrant issued under section 21I or 27I of the repealed Act in force immediately before the repeal date,(k) any certificate issued under section 21H of the repealed Act before the repeal date,(l) any application made under section 21G of the repealed Act that is pending in a Local Court (or any entitlement to make such an application to a Local Court that has not been exercised) immediately before the repeal date,(m) any requirement made of a person under section 25 (4) of the repealed Act that had not yet been complied with before the repeal date,(n) any order made under section 26 (3) of the repealed Act in force immediately before the repeal date,(o) any serious electrical accident within the meaning of Part 6B of the repealed Act that occurred before the repeal date,(p) any investigation, inspection, examination or testing of a thing, matter or place authorised to be begun but not commenced (or begun but not completed) under the repealed Act before the repeal date.
(2) For the purposes of the operation of this Part:(a) any notification of a type specification given under section 21B of the repealed Act (as continued in force by subclause (1)) on or after the repeal date in respect of a type of electrical article (within the meaning of that Act) is to have effect as if the notification had been given immediately before the repeal date, and(b) any action taken by the Minister on an appeal under section 21C (9) of the repealed Act (as continued in force by subclause (1)) on or after the repeal date in respect of a determination under section 21C of the repealed Act is to have effect as if the action had been taken immediately before the repeal date.
(3) This clause is subject to any contrary provision in this Schedule.
Any money that, on the repeal date, was standing to the credit of the Electricity Development Fund established by section 15 of the repealed Act is to be transferred to the Consolidated Fund.
Any class of electrical articles that was declared in an order in force under section 21 of the repealed Act immediately before the repeal date to be a class of electrical articles to which Part 4C of the repealed Act applied is taken to be a class of electrical articles that is the subject of an order under section 5 of this Act.
(1) Any specification that was a class specification in relation to a class of electrical articles within the meaning of the repealed Act immediately before the repeal date is taken to be a class specification under this Act in relation to the same class of electrical articles.
(2) Any specification that was a type specification in relation to a type of electrical article within the meaning of the repealed Act immediately before the repeal date is taken to be a model specification under this Act in relation to any model of electrical article having the same specifications as that type of electrical article.
Any certification scheme that was approved by the Minister for the purposes of Part 4C of the repealed Act and the approval of which continued in force immediately before the repeal date is taken to be a scheme for the approval or certification of models of electrical articles declared by the Minister under section 15 of this Act.
Note: See clause 3 (2) of Schedule 4 to the Electricity (Consumer Safety) Regulation 2006 .
Until a regulation is made for the purposes of the definition of "relevant authority" in section 3 (1), any authority that was prescribed as a relevant authority for another State or a Territory for the purposes of the definition of "relevant authority" in section 20 (1) of the repealed Act immediately before the repeal date is taken to be a relevant authority for the same State or Territory for the purposes of this Act.
Any exemption in force under section 21A (3) of the repealed Act immediately before the repeal date is taken to be an exemption given by the Director-General under section 16 (2) of this Act in respect of all of the provisions of section 16 (1) in relation to the same person (or class of persons) to which it was originally given and subject to the same conditions on which it was originally given.
(1) Any approval of a type of electrical article given under section 21C of the repealed Act that was in force immediately before the repeal date continues in force under this Act as if the approval had been given by the Director-General under section 11 of this Act for a model having the same specifications as the type of electrical article originally approved.
(2) If any approval under section 21C of the repealed Act is the subject of a suspension in force immediately before the repeal date:(a) subject to paragraph (b), subclause (1) applies to the approval, and(b) the suspension continues in force as if it were a suspension under section 13 of this Act due to expire at the same time as the original suspension.
(3) Section 12 applies to an approval to which subclause (1) applies as if the approval taken to be given under this Act had been given by the Director-General for the same period specified in the original approval and that period had commenced at the same time as the original approval commenced.
The Director-General may deal with any application made under section 21C of the repealed Act that had not been determined immediately before the repeal date as if the application had been made under section 11 of this Act in respect of a model of electrical article having the same specifications as the type of electrical article specified in the original application.
Any prescribed guarantee within the meaning of section 21D (2) of the repealed Act given in respect of an electrical article or type of electrical article before the repeal date is taken to be an acquisition guarantee for the purposes of this Act in respect of the same article or the model of article having the same specifications as that type (as the case may be).
Any person authorised under section 21F (2) of the repealed Act whose authorisation was in force immediately before the repeal date is taken to have been appointed as an authorised officer by the Director-General under section 39 of this Act for the purposes of section 26 (1) of this Act.
Any person authorised under section 25 (1) of the repealed Act in respect of the examination of electrical installations whose authorisation was in force immediately before the repeal date is taken to have been appointed as an authorised officer by the Director-General under section 39 of this Act in respect of the provisions of this Act and the regulations relating to electrical installations.
Any person authorised under section 27F (1) of the repealed Act to carry out inspections in respect of serious electrical accidents involving electrical installations or electrical articles (within the meaning of that Act) whose authorisation was in force immediately before the repeal date is taken to have been appointed as an authorised officer by the Director-General under section 39 of this Act in respect of the provisions of this Act and the regulations relating to serious electrical accidents.
Section 46 is taken to extend to any matter arising under the repealed Act that could have been the subject of a certificate under section 21H of the repealed Act if that Act had not been repealed.
Any delegation under section 28 of the repealed Act in force immediately before the repeal date in respect of any function under the repealed Act concerning electrical installations or electrical articles (within the meaning of that Act) is taken to be a delegation given by the Minister under section 54 of this Act in respect of a corresponding function (if any) of the Minister under this Act.
Section 50 is taken to extend to the disclosure of any information on or after the repeal date that would have been prohibited by section 21K of the repealed Act if that Act had not been repealed.
(1) In any other Act or instrument:(a) subject to paragraph (b), a reference to the repealed Act is taken to be a reference to this Act, and(b) a reference to a provision of the repealed Act is taken to be a reference to the corresponding provision or provisions (if any) of the new electricity safety legislation.
(2) Subclause (1) does not apply to:(a) section 135 (b) of the Home Building Act 1989 , or(b) any other provision of another Act, or an instrument made under another Act, prescribed by the regulations.
Nothing in this Part prevents the amendment or revocation of any delegation, authorisation, appointment, approval, exemption, declaration or order.