New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 41)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:This Act
(2) Such a 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 such a 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 an authority of the State), the rights of that person existing before the date of that 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 that publication.
In this Part:
"the repealed Act" means the Swimming Pools Act 1990 .
During the period beginning on the commencement of this Act and ending on 31 December 1992, the owner of any premises on which an existing swimming pool (whether outdoor or indoor) is situated:
(a) is not guilty of an offence against section 7, 12 or 14 merely because the swimming pool fails to comply with the requirements of this Act, and
(b) is not guilty of an offence against section 23 merely because the owner fails to comply with a direction under that section with respect to the swimming pool.
During the period beginning on the commencement of this Act and ending on 31 December 1992, the occupier of any premises on which a swimming pool (whether new or existing and whether outdoor or indoor) is situated:
(a) is not guilty of an offence against section 17 merely because a sign is not erected in accordance with the requirements of that section, and
(b) is not guilty of an offence against section 23 merely because the occupier fails to comply with a direction under that section with respect to the erection of a sign in connection with the swimming pool.
A direction given under section 13 of the repealed Act is taken to be a direction given under section 23 of this Act except that any such direction is of no effect to the extent to which it purports to impose requirements that could not be imposed under section 23 of this Act.
(1) An exemption granted under section 14 of the repealed Act is taken to be an exemption granted under section 22 of this Act.
(2) A decision refusing to grant an exemption under section 14 of the repealed Act is taken to be a decision refusing to grant an exemption under section 22 of this Act.
(3) A decision to impose a condition on an exemption under section 14 of the repealed Act is taken to be a decision to impose a condition on an exemption under section 22 of this Act.
(1) A certificate of compliance issued under section 15 of the repealed Act is taken to be a certificate of compliance issued under section 24 of this Act.
(2) A decision refusing to issue a certificate of compliance under section 15 of the repealed Act is taken to be a decision refusing to issue a certificate of compliance under section 24 of this Act.
(1) An inspector appointed under section 17 of the repealed Act is taken to be an inspector appointed under section 27 of this Act.
(2) A certificate of identification issued under section 17 of the repealed Act is taken to be a certificate of identification issued under section 27 of this Act.
A search warrant issued under section 19 of the repealed Act is taken to be a search warrant issued under section 29 of this Act.
(1) A local authority may, with the consent of the owner of the premises concerned, complete any work that it had, before the commencement of this Act, commenced to carry out under section 20 of the repealed Act as if that section were still in force.
(2) The provisions of section 20 (3) and (4) of the repealed Act continue to apply to any expenses incurred by a local authority in carrying out work under section 20 of that Act (including the expenses of any work completed under subclause (1) and any costs referred to in clause 5 of Schedule 2 to that Act) as if those provisions were still in force.
(1) The Appeal Board established under section 21 of the repealed Act is abolished.
(2) Any appeal that had been made under section 23 of the repealed Act before the commencement of this Act but that had not been determined before that commencement is taken to have lapsed.
(3) Any fee lodged in connection with such an appeal is to be refunded to the appellant.
(4) Nothing in this clause prevents an appeal from being made under this Act with respect to any matter the subject of an appeal referred to in subclause (2).
(5) An appeal under this Act with respect to any such matter must be made within 28 days after the commencement of this Act.
A penalty notice served under section 28 of the repealed Act is taken to be a penalty notice served under section 35 of this Act.
(1) Section 33 applies to expenses incurred before the commencement of that section in respect of the construction, alteration, repair, replacement or maintenance of a dividing fence referred to in that section but does not apply to expenses so incurred before 1 August 1990.
(2) The reference in section 33 to the Dividing Fences Act 1991 includes a reference to the Dividing Fences Act 1951 in relation to those matters to which the latter Act applies.
The Swimming Pools Regulation 1990 continues to have effect as, and is taken to be, a regulation under this Act.