New South Wales Consolidated Acts

ROAD TRANSPORT (VEHICLE REGISTRATION) ACT 1997 - SCHEDULE 3

SCHEDULE 3 – Savings and transitional provisions

(Section 34)

Part 1 - General

1 Regulations

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

this Act

Road Transport (Vehicle Registration) Amendment Act 1998

(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.

Part 2 - Provisions consequent on enactment of this Act

2 Definitions

In this Part:
"existing label" means a registration label (or renewal of a registration label) issued under the Motor Traffic Regulations 1935 that was in force immediately before the commencement of Schedule 1 [1] to this Act.
"existing plate" means a number-plate issued under the Motor Traffic Regulations 1935 that was in force immediately before the commencement of Schedule 1 [1] to this Act.
"existing registered vehicle" means an existing registrable vehicle that was registered under the Traffic Act 1909 immediately before the commencement of Schedule 1 [1] to this Act.
"existing registrable vehicle" means a vehicle within the meaning of the Traffic Act 1909 , as in force immediately before the commencement of Schedule 1 [1] to this Act, that belongs to a class of vehicles that could have been registered under that Act as in force at that time.
"existing registration" means the registration of an existing registrable vehicle under the Traffic Act 1909 that was still in force immediately before the commencement of Schedule 1 [1] to this Act.
"existing unregistered vehicle permit" means a permit issued by the Authority under Regulation 53A of the Motor Traffic Regulations 1935 that was in force immediately before the commencement of Schedule 1 [1] to this Act.
"unexpired registration period" of an existing registered vehicle means the portion of the period for which the vehicle was registered under the Traffic Act 1909 that had not expired immediately before the commencement of Schedule 1 [1] to this Act.

3 Existing registration

(1) An existing registered vehicle is taken to be registered under this Act.

(2) The period of registration for any such vehicle is taken to be the unexpired registration period of the vehicle.

(3) Accordingly:

(a) any existing labels or existing plates of the vehicle are taken to be labels and plates issued by the Authority under this Act, and

(b) any fees or charges owing to the Authority under the Traffic Act 1909 in respect of an existing registration immediately before the commencement of Schedule 1 [1] to this Act are taken to be owing to the Authority under this Act, and

(c) any fees or charges paid under the Traffic Act 1909 in relation to an existing registered vehicle before the commencement of Schedule 1 [1] to this Act may be refunded under this Act in accordance with the regulations referred to in section 15 (2) (e).

(4) Despite subclause (3), the regulations may make provision for or with respect to the continuation under this Act of existing plates issued under Regulation 5B of the Motor Traffic Regulations 1935 .

4 Existing unregistered vehicle permits

(1) An existing unregistered vehicle permit is taken:

(a) to be an unregistered vehicle permit that has been issued by the Authority under this Act for the period of the existing unregistered vehicle permit that remains unexpired immediately before the commencement of Schedule 1 [1] to this Act, and

(b) to be subject to same conditions to which it was subject immediately before that commencement.

(2) Any fees or charges owing to the Authority under the Traffic Act 1909 in respect of an existing unregistered vehicle permit immediately before the commencement of Schedule 1 [1] to this Act are taken to be owing to the Authority under this Act.

(3) Any fee or charge paid under the Traffic Act 1909 in respect of an existing unregistered vehicle permit before the commencement of Schedule 1 [1] to this Act may be refunded under this Act in accordance with the regulations referred to in section 15 (2) (e).

5 Reference to trader’s plates

Any reference (however expressed) in any other Act or instrument made under any Act or any other instrument of any kind to a trader’s plate issued under the Traffic Act 1909 (or the regulations made under that Act) is taken to be a reference to a trader’s plate within the meaning of this Act.

6 References to registration under Traffic Act 1909

(1) Any reference (however expressed) in any other Act or instrument made under any Act or any other instrument of any kind to the registration of a vehicle under the Traffic Act 1909 (or the regulations made under that Act) is taken to be a reference to the registration of a vehicle under this Act.

(2) This clause does not apply to the Motor Vehicles (Third Party Insurance) Act 1942 or other prescribed provisions.

7 Seizures under section 24 of Traffic Act 1909

Section 24 of the Traffic Act 1909 , as in force immediately before its repeal by this Act, continues to apply to any existing registrable vehicle seized under that section before that repeal as if this Act had not been enacted.

8 Offences under Traffic Act 1909

(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 to this Act that amends a provision of the Traffic Act 1909 that contains an offence.
"relevant offence" means an offence under the Traffic Act 1909 that is amended by a relevant item.

Note: Section 30 of the Interpretation Act 1987 is a general provision preserving rights accruing and liabilities incurred before an amendment or repeal of a provision of an Act or statutory rule.

10 Certain existing authorities and delegations deemed to be delegations under Act

Any person who, immediately before the commencement of Part 2 of this Act, 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 registration of vehicles, or

(b) a delegate of the Authority in respect of the exercise of any such function,