New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 37)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActRoad Transport (Driver Licensing) Amendment (Demerit Points System) Act 2008Fines Further Amendment Act 2008 (to the extent that it amends 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 day.
(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.
Any reference (however expressed) in any other Act or instrument made under any Act or any other instrument of any kind to:
(a) the licensing or authorising of a person under the Traffic Act 1909 to drive a motor vehicle or class of motor vehicles, or
(b) a driver’s licence or licence under the Traffic Act 1909 , or
(c) a driver’s licence,is taken to be a reference to the licensing of a person under this Act or to a driver licence under this Act or the regulations, as the case requires.
(1) The Traffic Act 1909 , as in force immediately before the commencement of a relevant item, applies to a relevant offence committed, or alleged to have been committed, before the commencement of that item.
(2) In this clause:
"relevant item" means an item of Schedule 1.13 to this Act that amends a provision of the Traffic Act 1909 that contains an offence.
"relevant offence" means an offence under a provision of the Traffic Act 1909 that is amended by a relevant item.
(1) A person against whom demerit points are recorded under the Motor Traffic Regulations 1935 , as in force before the commencement of this clause, is taken to have incurred those demerit points under this Act or the regulations.
(2) Any such demerit points are taken to be recorded against the person in the demerit points register for the purposes of section 16 and may be taken into account for the purposes of that section.
Nothing in this Act affects an indemnity extended to a person under section 17A of the Traffic Act 1909 , as in force immediately before the commencement of Schedule 1.13 [47] to this Act.
Any person who, immediately before the commencement of this clause, was:
(a) authorised by or under the Traffic Act 1909 (as in force immediately before that commencement) to carry out any function of the Authority in relation to the licensing of drivers, or
(b) a delegate of the Authority in respect of the exercise of any such function,is taken to be a delegate of the Authority under section 13 of this Act in respect of any corresponding function under this Act or the regulations.
A person who is convicted of an offence under section 6 (1) (a) of the Traffic Act 1909 that was committed before the commencement of this clause is not to be regarded as being convicted of a second or subsequent offence for the purposes of that Act merely because the person had been issued with a penalty notice under section 18B of that Act in respect of an earlier occasion on which the person was alleged to have committed the offence.
Any election made by the holder of a driver licence before the commencement of Schedule 4.1 to the Road Transport Legislation Amendment Act 1999 to be of good behaviour for a specified period as an alternative to having his or her application for a licence refused by the Authority:
(a) is validated to the extent of any invalidity if the election would have been valid had section 14 (as amended) and 16A been in force at the time the election was made, and
(b) is taken for all purposes to have been an election made under section 16A.
(1) This clause applies if the Road Transport (Driver Licensing) Amendment Act 1999 is assented to before the commencement of the Road Transport (Safety and Traffic Management) Act 1999 .
(2) Until section 33 (5) is substituted by Schedule 2.1 [1] to the Road Transport (Driver Licensing) Amendment Act 1999 , section 33 (5) (b) is taken to refer to an offence under section 4A (1A), (1B), (5B) or (5BA) of the Traffic Act 1909 .
Until a regulation is made under section 33 (5), as amended by the Road Transport (Driver Licensing) Amendment Act 1999 , the offences prescribed for the purposes of section 33 (5) are all those offences that involve exceeding any speed limit fixed by or under the Road Transport (Safety and Traffic Management) Act 1999 , applicable to the relevant driver or vehicle, by more than 30 kilometres per hour.
(1) This clause applies to a driver licence that was purportedly cancelled or suspended under section 33 of the Road Transport (Driver Licensing) Act 1998 on or after the commencement of that section and before the commencement of this clause.
(2) A driver licence to which this clause applies is taken to have been validly cancelled or suspended if it could have been cancelled or suspended had section 33, as referred to in clause 10 (2), been in force when the driver licence was cancelled or suspended and had offences under section 4A (1A), (1B), (5B) or (5BA) of the Traffic Act 1909 been prescribed under section 33 at that time.
(1) In this Part:
"amending Act" means the Road Transport (Driver Licensing) Amendment (Demerit Points System) Act 2008 .
(2) In this Part, a reference to an old provision is a reference to that provision as in force before its amendment or substitution by the amending Act and a reference to a new provision is a reference to that provision as amended, substituted or inserted by the amending Act.
A notice of suspension given under old section 17 and in force immediately before the commencement of new section 17B is taken to be a notice of suspension given under new section 17B.
Demerit points incurred by the holder of a provisional licence for offences committed before the commencement of new Subdivision 3 of Division 2 of Part 2, and not taken into account for the purposes of old section 16, 16A or 17 before that commencement, may be taken into account for the purposes of new section 16, 16A or 17B but not new section 17C.
Anything done or omitted to be done before the commencement of the amendments made by Schedule 1 [9]-[12] and [15]-[17] and [20] to the amending Act that would have been valid had those amendments been in force when it was done or omitted to be done is validated.
The amendments made to section 25A by Schedule 2.3 to the Fines Further Amendment Act 2008 do not apply to or in respect of an offence committed or alleged to have been committed before the commencement of those amendments and that section, as in force immediately before those amendments were made, continues to apply in respect of any such offence.