New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 143)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:This ActRoad Transport (Safety and Traffic Management) Amendment (Blood Sampling) Act 2000Transport Legislation Amendment (Safety and Reliability) Act 2003 (but only to the extent that it amends this Act)Marine Safety Amendment (Random Breath Testing) Act 2005Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005 (but only to the extent that it amends this Act)Marine Safety Amendment Act 2008
(2) Any such savings or transitional provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such savings or transitional provision 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, a Port Corporation or any 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, a Port Corporation or any authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) The regulations may make provision for or with respect to the following:(a) providing that a specified provision of this Act or the regulations has no effect until a specified Act or Regulation referred to in Schedule 2, or a specified provision of any such Act or Regulation, is repealed,(b) construing all references in this Act or the regulations, or specified references, to marine safety licences or a particular type of marine safety licence as meaning, or including a reference to, a licence, permit or other authorisation, or a particular type of licence, permit or other authorisation, issued under an Act or Regulation referred to in Schedule 2.
(5) For the avoidance of doubt, any provision of the regulations made for the purposes of this clause may, if the regulations so provide, have effect despite any specified provision of this Act (including a provision of this Schedule).
Any notice prohibiting or regulating the operation of vessels in navigable waters that was erected under the Maritime Services Act 1935 before the commencement of section 11 of this Act is taken to be a notice displayed by the Minister under that section.
A reference in Part 3 to a "major offence" includes a reference to an offence against Part 2 of the Marine (Boating Safety-Alcohol and Drugs) Act 1991 that was committed before the repeal of that Act by this Act.
(1) A registration, licence, certificate or other authority that was in force under an Act or regulation repealed by this Act immediately before its repeal (being an authority of the same type as a marine safety licence under this Act) is taken to have been granted under this Act as a marine safety licence.
(2) If such a licence is a pilot’s licence under section 7 of the Marine Pilotage Licensing Act 1971 , the licence is taken to have been granted for a period of 5 years after the repeal of that Act.
(3) This clause is subject to the provisions of this Act and the regulations, including regulations under this Schedule.
(4) For avoidance of doubt, section 33 applies to a registration, licence, certificate or other authority that is taken to have been granted under this Act as a marine safety licence.
A person who, immediately before the repeal of Part 7 of the Ports and Maritime Administration Act 1995 , was appointed as a harbour master, or to act in the capacity of a harbour master, under that Act is taken to have been so appointed under this Act.
The provisions of section 34 of the Maritime Services Act 1935 (Proof of certain matters not required), as in force immediately before the repeal of that section, continue to apply to any prosecution or proceedings that may be instituted or continued despite the repeal of that Act, or any other Act or regulation, by this Act.
An investigation may be made under Division 3 of Part 8 of this Act into a matter even though the matter occurred before the commencement of that Division.
The regulations under this Schedule may provide that exemptions granted under an Act repealed by this Act from any provision of or made under the repealed Act is taken to be an exemption granted under this Act from a specified requirement of or made under this Act. Any such exemption may be varied or revoked in accordance with this Act.
A regulation that is to be repealed by this Act is taken not to be repealed by section 10 of the Subordinate Legislation Act 1989 .
Anything done under an Act or regulation repealed by this Act that has any force or effect immediately before its repeal, is taken to have been done under the corresponding provision of this Act.
In this Part:
"repealed Act" means the Marine (Boating Safety-Alcohol and Drugs) Act 1991 .
(1) Proceedings for offences committed, or alleged to have been committed, before the commencement of an amendment of a provision by Schedule 1 to the Marine Safety Amendment (Random Breath Testing) Act 2005 are to be determined as if the amendment had not been enacted.
(2) Accordingly, the law (including any relevant provision of this Act) that would have been applicable to the proceedings had the amendment not been enacted continues to apply to the proceedings as if the amendment had not been enacted.
(1) A reference in section 27 or 40 to a marine safety licence is taken to include a reference to a licence to which section 10 of the repealed Act applied immediately before its repeal by Schedule 2 to this Act.
(2) A reference in section 27:(a) to the cancellation or suspension of a marine safety licence is taken to include a reference to the withdrawal of recognition of a recognised licence (within the meaning of section 10 of the repealed Act), and(b) to the disqualification of the holder of a marine safety licence is taken to include a reference to the disqualification of the person from having a recognised licence recognised.
In this clause:
"amending Act" means the Marine Safety Amendment Act 2008 .
(1) Proceedings for offences committed, or alleged to have been committed, before the substitution of Part 3 and Schedule 1 by the amending Act are to be determined as if the amendments had not been enacted.
(2) Accordingly, the law (including any relevant provision of this Act) that would have been applicable to the proceedings had the amendments not been enacted continues to apply to the proceedings as if the amendments had not been enacted.
(1) A reference in section 28A to a marine safety licence is taken to include a reference to a licence to which section 10 of the Marine (Boating Safety-Alcohol and Drugs) Act 1991 applied immediately before its repeal.
(2) A reference in section 28A:(a) to the cancellation or suspension of a marine safety licence is taken to include a reference to the withdrawal of recognition of a recognised licence (within the meaning of section 10 of the Marine (Boating Safety-Alcohol and Drugs) Act 1991 ), and(b) to the disqualification of the holder of a marine safety licence is taken to include a reference to the disqualification of the person from having a recognised licence recognised.
Section 59A or 63A (as inserted by the amending Act):
(a) applies only to a disqualification occurring after the commencement of the section, and
(b) does not apply to any offence committed before the commencement of the section.
A harbour master whose appointment as harbour master was in force immediately before the substitution of section 85 by the amending Act is taken to have been appointed under section 85 as so substituted.