New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 90)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Regulatory Reduction Act 1996 , but only in relation to amendments made to this Act or the regulationsMotor Vehicle Repairs Amendment Act 1998Business Licences Repeal and Miscellaneous Amendments Act 2001Motor Trade Legislation Amendment Act 2001 (but only to the extent to which it amends this Act)Fair Trading Amendment Act 2006 (but only to the extent that it amends this Act)
(2) Any such provision may, if the regulations so provide, take effect as 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 its date of 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.
(1) Any person holding office immediately before the commencement of this clause as a member of the Council under section 8 (1) (h) ceases to hold that office on the commencement and is not entitled to any remuneration or compensation because of losing that office.
(2) Any such person is eligible to be appointed to the Council if otherwise qualified.
(3) Any person holding office immediately before the commencement of this clause as a member of the Council under section 8 (1) (f) or (g) continues to hold that office, for the remainder of the existing term, as representative of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, and The Australian Workers’ Union, New South Wales, respectively.
(4) Nothing in the amendments made by the Motor Vehicle Repairs Amendment Act 1998 to Schedule 3 (constitution and membership of the Disputes Committee) affects any person holding office as a member of that Committee immediately before the commencement of this clause.
Any act, matter or thing done:
(a) on or after 30 June 1987 in respect of the work of an exhaust repairer, or
(b) on or after 1 April 1992 in respect of the work of a radiator repairer,that would have been valid if the amendments made by the Statute Law (Miscellaneous Provisions) Act 1999 to section 4 had been in force at the time that the act, matter or thing was done is validated.
In this
Part:
"former Council" means the Motor Vehicle Repair Industry Council as
constituted under Part 2 immediately before the repeal of that Part by the
2001 amending Act.
"2001 amending Act" means the Motor Trade Legislation Amendment Act 2001 .
The Authority is a continuation of, and the same legal entity as, the former Council.
(1) A person who, immediately before the repeal of Part 2 of this Act by the 2001 amending Act, held office as a member of the former Council ceases to hold office on that repeal.
(2) A member who ceases to hold office because of this clause is not entitled to any remuneration or compensation because of so ceasing to hold office.
A reference in any Act (other than this Act) or in any instrument made under any Act to the former Council is to be read as a reference to or including the Authority, except as provided by this Act.
(1) A licence in force immediately before the repeal of Part 2 of this Act by the 2001 amending Act is taken to be:(a) a licence issued by the Authority, and(b) a licence authorising the holder to carry on the activities authorised by the licence immediately before that repeal.
(2) The licence may be made subject to conditions and otherwise dealt with in the same way as a licence issued by the Authority under this Act.
(3) However, if at any time after that repeal a licence is no longer required under this Act to carry out a class of repair work authorised by the licence, the licence is taken to be cancelled to the extent that it purports to authorise the carrying out of that class of repair work.
(1) A certificate in force immediately before the repeal of Part 2 of this Act by the 2001 amending Act is taken to be:(a) a certificate issued by the Authority, and(b) a certificate authorising the holder to carry out the class of repairs authorised by the certificate immediately before that repeal.
(2) The certificate may be made subject to conditions and otherwise dealt with in the same way as a certificate issued by the Authority under this Act.
(3) However, if at any time after that repeal a certificate is no longer required under this Act to carry out a class of repair work authorised by the certificate, the certificate is taken to be cancelled to the extent that it purports to authorise the carrying out of that class of repair work.
(1) A complaint made to the former Council before the repeal of section 44 by the 2001 amending Act and not dealt with by the Council immediately before that repeal is to be considered by the Authority.
(2) The Authority may take such action, if any, in relation to the subject-matter of the complaint under Part 4, as amended by the 2001 amending Act, as the Authority thinks fit.
(3) An inquiry commenced by the former Council and not completed immediately before the repeal of section 46 by the 2001 amending Act is to be dealt with by the Authority under section 44 as inserted by that Act.
A dispute that was being investigated or dealt with by the former Council immediately before the repeal of Part 2 by the 2001 amending Act is to be dealt with by the Authority under Part 6 as amended by that Act.
An application for a licence or certificate made, but not determined, before the substitution of section 16 by the 2001 amending Act is to be dealt with by the Authority under this Act as amended by that Act.
Sections 18 (1) (j) and (3) (k), 42 (1) (f) and 44 (3), 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.
(1) In this clause, "former Council" means the Council of the Motor Vehicle Repair Industry Authority as constituted under section 9 immediately before the repeal of that section by the Fair Trading Amendment Act 2006 .
(2) A person who, immediately before the repeal of section 9 of this Act by the Fair Trading Amendment Act 2006 , held office as a member of the former Council ceases to hold office on that repeal.
(3) A person who ceases to hold office because of this clause is not entitled to any remuneration or compensation because of so ceasing to hold office.
(4) Subject to the regulations, a reference in any Act (other than this Act) or in any instrument made under any Act to the former Council is to be read as a reference to the Motor Vehicle Industry Advisory Council established under the Fair Trading Act 1987 .
(1) In this clause:
"amending Act" means the Criminal Organisations Legislation Amendment Act 2009 .
(2) An application for a licence or certificate 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 42, 43 and 44, as amended by the amending Act, extend to a licence or certificate in force immediately before the commencement of this clause.