New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 60)

1 Regulations

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

Motor Trade Legislation Amendment Act 2001 (but only to the extent to which it amends this Act)

Motor Dealers Amendment Act 2007

(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.

2 Definition

In this Schedule:
"2001 amending Act" means the Motor Trade Legislation Amendment Act 2001 .

3 Cooling off period

Sections 29CA-29CC, as inserted by the 2001 amending Act, apply only to contracts for sale entered into after the commencement of section 29CA.

4 Motor Dealers Compensation Fund

(1) There is to be paid into the Motor Dealers Compensation Fund any amounts held in the Fund constituted under section 39 immediately before the commencement of section 39 (1), as substituted by the 2001 amending Act.

(2) There may be paid out of the Motor Dealers Compensation Fund amounts in respect of costs that arose before the commencement of section 39 (4), as substituted by the 2001 amending Act, if those amounts are amounts of the kind referred to in that subsection.

5 Car stealing offences

Sections 12 (2) (i) and (4) (k), 20D (1) (d1) and 20E (1B), as inserted by the 2001 amending Act, do not apply to or in respect of an act or omission giving rise to proceedings for an offence if the act or omission occurred before the commencement of this clause.

6 Grant and cancellation of licences

(1) In this clause:
"amending Act" means the Criminal Organisations Legislation Amendment Act 2009 .

(2) An application for a licence made, but not determined, before the commencement of this clause is to be dealt with under this Act as amended by the amending Act.

(3) Sections 20D and 20E, as amended by the amending Act, extend to a licence in force immediately before the commencement of this clause.