New South Wales Consolidated Acts

TRADE MEASUREMENT ADMINISTRATION ACT 1989 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 26)

1 Definitions

In this Schedule:
"appointed day" means the day on which this Schedule commences.
"repealed Act" means the Weights and Measures Act 1915 as in force immediately before the appointed day.

2 Marks under repealed Act

A mark of verification or re-verification made on a measuring instrument pursuant to the repealed Act is to be considered to be an inspector’s mark for the purposes of the Principal Act.

3 Permit for sale of pre-packed articles

A permit in force under section 29F of the repealed Act immediately before its repeal is to be considered to have been issued under section 38 of the Principal Act.

4 References to the repealed Act

A reference in any other Act, or in any instrument, to the repealed Act is to be read as a reference to this Act or the Principal Act, as appropriate.

5 General

(1) If anything done or commenced under the repealed Act before the appointed day and still having effect, or not completed, immediately before that day could have been done or commenced under this Act or the Principal Act if it had been in force at the time the thing was done or commenced:

(a) the thing done continues to have effect, or

(b) the thing commenced may be completed,

as if it had been done or commenced under the Principal Act.

(2) Subclause (1) does not apply to anything in relation to which other provision is made by or under this Schedule.

6 Regulations

(1) The regulations may contain other provisions of a savings or transitional nature consequent on the enactment of the Principal Act or this Act.

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the appointed day or a later date.

(3) To the extent to which a provision referred to in subclause (1) 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 therein, 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 therein.

(4) A provision referred to in subclause (1) is, if the regulations so provide, to have effect despite any other clause of this Schedule.