New South Wales Consolidated Acts

ROAD TRANSPORT (HEAVY VEHICLES REGISTRATION CHARGES) ACT 1995 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 39)

Part 1 - Preliminary

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 Legislation Amendment Act 1995

Traffic Legislation Amendment Act 1997 , but only in relation to the amendments made to this Act

Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997

Road Transport (General) Amendment (Heavy Vehicle User Charges) Act 2007

(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 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 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 or any 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 and Road Transport Legislation Amendment Act 1995

2 No refund in respect of other motor vehicle tax

(1) A person who pays tax under the Motor Vehicles Taxation Act 1988 in respect of a registration or renewal of registration that occurred before the commencement of this clause but in respect of a period that ends after that commencement is not entitled to a refund in respect of any part of that period occurring after the commencement.

(2) The Motor Vehicles Taxation Act 1988 , as in force immediately before that commencement, continues to apply to any amount of tax payable under that Act that arose before that commencement in respect of a vehicle to which charges under this Act apply.

(3) Any exemption, approval, direction, request, certificate or other matter or thing made, given or done under the Motor Vehicles Taxation Act 1988 in respect of any such vehicle and in force and having effect immediately before that commencement continues in force in relation to a vehicle referred to in subclause (2) but may be revoked or varied in accordance with that Act.

(4) Nothing in subclause (1) affects any right to a refund arising under the Motor Vehicles Taxation Act 1988 whether before or after that commencement.

3 Refunds of pre-paid motor vehicle tax

A person who pays tax under the Motor Vehicles Taxation Act 1988 in advance of the due date, being a day on or after the commencement of this clause, is entitled to a refund of the amount concerned.

4 Refunds of excess weight charges

(1) The holder of an excess weight permit under the Roads Act 1993 in force immediately before the commencement of this clause is entitled to a refund of the appropriate proportion of any excess weight charge paid for the vehicle concerned for the unexpired portion of the period of the permit as at that commencement.

(2) The Authority is to determine, either generally or in a particular case, the appropriate proportion to be refunded.

5 Grants to councils in connection with use of buses

The amount approved by the Minister for distribution under section 106 of the Transport Administration Act 1988 in the financial year commencing after the commencement of this clause must not exceed the amount of tax which the Minister estimates was received under the Motor Vehicles Taxation Act 1988 during the previous financial year in connection with the registration of buses.

Part 3 - Provisions consequent on enactment of Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997

6 Validation of certain administrative action

(1) The following directions are taken to have been validly given:

(a) the direction given on 21 June 1996 by the Minister for Roads to the Chief Executive of the Roads and Traffic Authority with respect to the administration of the Road Transport (Heavy Vehicles Registration Charges) Act 1995 and the Motor Vehicles Taxation Act 1988 ,

(b) the direction given on 1 July 1996 by the Minister for Roads to the Chief Executive of the Roads and Traffic Authority with respect to the administration of the Road Transport (Heavy Vehicles Registration Charges) Act 1995 and the Motor Vehicles Taxation Act 1988 ,

(c) the direction given on 10 October 1996 by the Minister for Roads to the Chief Executive of the Roads and Traffic Authority with respect to the administration of the Road Transport (Heavy Vehicles Registration Charges) Act 1995 and the Motor Vehicles Taxation Act 1988 , subject to the modification that the references to 30 June 1997 in clause 7 (as inserted by that direction into the direction referred to in paragraph (a)) are taken to be references to the date of commencement of this clause.

(2) Anything done or omitted to be done before the commencement of this clause in the administration or execution of the provisions of the Road Transport (Heavy Vehicles Registration Charges) Act 1995 and the Motor Vehicles Taxation Act 1988 is taken to have been done or omitted to be done in accordance with those provisions if it was done or omitted to be done in accordance with a direction referred to in subclause (1).

(3) In particular, any registration charge calculated, imposed or paid before the commencement of this clause for the purposes of the provisions of the Road Transport (Heavy Vehicles Registration Charges) Act 1995 and the Motor Vehicles Taxation Act 1988 is taken to have been calculated, imposed or paid in accordance with those provisions if it was calculated, imposed or paid in accordance with a direction referred to in subclause (1).

7 Validation of certain charges

Any registration charge calculated, imposed or paid under section 7 between 1 January 1998 and 16 January 1998 (the date of commencement of the amendment made to this Act by Schedule 1 [1] to the Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997 ), that would have been valid if the amendment had commenced on 1 January 1998, is validated.

Part 4 - Provisions consequent on enactment of Road Transport (Heavy Vehicles Registration Charges) Amendment Act 2000

8 Transitional provision if assent after 1 July 2000

(1) If the date of assent to the Road Transport (Heavy Vehicles Registration Charges) Amendment Act 2000 is after 1 July 2000, the charges payable under sections 7 and 8 in respect of registration or renewal of registration, or for a heavy vehicle permit, granted before that date of assent are the charges that would have been payable had the amendments made by that Act not been made.

(2) The amendments made by the Road Transport (Heavy Vehicles Registration Charges) Amendment Act 2000 do not affect the charges payable under this Act before the date of assent to that Act.

Part 5 - Provisions consequent on enactment of Road Transport (General) Amendment (Heavy Vehicle User Charges) Act 2007

9 Existing heavy vehicle permits

A heavy vehicle permit that was in force immediately before the repeal of section 14 by the Road Transport (General) Amendment (Heavy Vehicle User Charges) Act 2007 continues in force for the period for which it would have been in force if that section had not been repealed and is taken to be an excess permit granted under section 27 of the Road Transport (General) Act 2005 .