New South Wales Repealed Acts

This legislation has been repealed.

DANGEROUS GOODS ACT 1975 - SCHEDULE 3

SCHEDULE 3 – Transitional and other provisions

(Section 45 (3))

Part 1 - Savings and transitional provisions consequent on the enactment of certain Acts

1 Regulations

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

this Act

Occupational Health and Safety Legislation (Amendment) Act 1994

WorkCover Legislation Amendment Act 1995

Business Licences Repeal and Miscellaneous Amendments Act 2001

(2) Any such provision may, if the regulations so provide, take effect as 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.

2 Saving of certain licences and permits

Where any licence or permit lawfully issued under a provision of the Explosives Act 1905 or the Inflammable Liquid Act 1915 was in force immediately before the commencement of this Schedule and would have, but for that commencement, continued in force for a period of time, the licence or permit, as the case may be, shall be deemed to be, on and from that commencement, but for no longer period than that period of time, a licence or permit issued under the corresponding provision of this Act or the regulations.

3 References to repealed Acts

Where the Explosives Act 1905 or the Inflammable Liquid Act 1915 or an instrument made under either of those Acts or any provision thereof is referred to in any other Act or any instrument made under any other Act, the reference extends to this Act, to any corresponding instrument made under this Act or to any corresponding provision of this Act or of an instrument made under this Act.

Part 2 - Provisions consequent on the enactment of Occupational Health and Safety Legislation (Amendment) Act 1994

4 Definitions

In this section:
"amending Act" means the Occupational Health and Safety Legislation (Amendment) Act 1994 .
"Chief Inspector" means the person who held the office of Chief Inspector of Dangerous Goods immediately before the amendment of section 6 by Schedule 4 (2) to the amending Act.

5 Chief Inspector

(1) The Chief Inspector is taken to hold office as an inspector under the Occupational Health and Safety Act 1983 (as amended by Schedule 1 (4) to the amending Act).

(2) Nothing in the amending Act or this clause is taken to affect the terms and conditions of employment of the Chief Inspector under the Public Sector Management Act 1988 .

(3) The Authority may, under the WorkCover Administration Act 1989 , delegate to the Chief Inspector the exercise on its behalf of such of its functions under this Act as it thinks fit.

6 Transfer of functions to WorkCover Authority

(1) Anything done by or in relation to the Chief Inspector in the exercise of a function conferred or imposed on the Chief Inspector under this Act is taken, after the commencement of Schedule 4 (2) to the amending Act, to have been done by or in relation to the Authority and the functions under this Act are to be exercised by the Authority.

(2) Any proceedings to which the Chief Inspector is a party immediately before the commencement of the amendment to this Act made by Schedule 4 (2) to the amending Act are not affected by that amendment.

(3) However, on the commencement of that amendment, the Authority is taken to be a party to those proceedings instead of the Chief Inspector.

7 References to Chief Inspector

A reference in any other Act, in an instrument made under any Act or in any document of any kind to the Chief Inspector is to be read as a reference to the WorkCover Authority.

8 Proceedings for offences

Section 33, as in force immediately before the commencement of Schedule 4 (14) to the amending Act, continues to apply in relation to proceedings pending immediately before that commencement.

9 Inspectors

An inspector appointed under section 6 as in force immediately before the amendment of that section by Schedule 4 (2) is taken to be appointed under section 6 as amended.

Part 3 - Provisions consequent on enactment of the WorkCover Legislation Amendment Act 1995

10 Increase in penalty that may be imposed by Local Court

(1) The amendment made to section 33 (1A) of this Act by the WorkCover Legislation Amendment Act 1995 does not apply in respect of proceedings for an offence against this Act or the regulations that were commenced in a Local Court before the commencement of that amendment.

(2) In respect of proceedings commenced on or after the commencement of that amendment, the amendment applies whether the offence was committed before or after that commencement.