New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 74)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActRoad Transport (Safety and Traffic Management) Act 1999Road Transport Legislation Amendment Act 1999Road Transport (General) Amendment (Operator Onus Offences) Act 2002Road Transport (Safety and Traffic Management) Amendment (Alcohol) Act 2004 , but only to the extent that it amends this ActRoad Transport Legislation Amendment (Public Transport Lanes) Act 2004 , but only in relation to the amendments made to this ActRoad Transport (General) Amendment (Licence Suspension) Act 2004
(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.
(4) Regulations made as referred to in subclause (1) may have effect despite the terms of any savings or transitional provisions contained in this Schedule, if the regulations so provide.
(1) In this Part:
"amended provision" means a provision of an Act or regulation amended by Schedule 2 or 3 to the amending Act.
"amending Act" means the Road Transport Legislation Amendment Act 1999 .
"repealed Act" means the Traffic Act 1909 as in force immediately before its repeal by the amending Act.
"STM Act" means the Road Transport (Safety and Traffic Management) Act 1999 .
(2) For the purposes of this Part:(a) a provision of this Act or the STM Act or any other road transport legislation corresponds to a provision of the repealed Act if the provision is in the same (or in substantially the same) terms as the provision in the repealed Act, and(b) a function under this Act or the STM Act or any other road transport legislation corresponds to a function under the repealed Act if the function is the same (or substantially the same) as the function under the repealed Act.
(1) The repealed Act and any regulations, declarations or orders made under that Act continue to apply with respect to the following matters as if this Act, the STM Act and the amending Act had not been enacted:(a) an offence or alleged offence under the repealed Act or the regulations made under that Act,(b) any proceedings for any such offence,(c) any penalty notice issued under section 18B of the repealed Act that is in force immediately before the repeal of that section,(d) any suspension of a licence by the Commissioner under section 10B of the repealed Act in force under that section immediately before the repeal of the repealed Act,(e) any notice given to a person by a police officer under section 10C of the repealed Act (and any related period of suspension of a licence) in force under that section immediately before the repeal of that Act,(f) any notice given to a person by a police officer under section 10D of the repealed Act (and any related period of suspension of an authority to drive in New South Wales) in force under that section immediately before the repeal of that Act,(g) any appeal that is pending in a Local Court (or any entitlement to appeal to a Local Court that has not been exercised) immediately before the repeal of the repealed Act,(h) any breath, blood or urine sample taken under that Act before the repeal of the repealed Act,(i) any vehicle taken charge of or removed by a police officer under section 5A or 25 of the repealed Act that has not been returned before that repeal.
(2) This clause is subject to any contrary provision in this Schedule.
If keys are confiscated under section 26A of the repealed Act before its repeal, the provisions of the repealed Act (and any relevant regulations made under that Act) that would have applied in respect of the keys but for their repeal continue to apply in respect of the keys as if the Act and regulations had not been repealed.
If an unattended motor vehicle or trailer is removed under section 26 of the repealed Act before its repeal, the provisions of the repealed Act (and any relevant regulations made under that Act) that would have applied in respect of that vehicle but for their repeal continue to apply in respect of that vehicle as if the Act and regulations had not been repealed.
(1) If a motor vehicle is seized, impounded or forfeited under section 4BB or 4BC of the repealed Act before its repeal, the provisions of the repealed Act (and any relevant regulations made under that Act) that would have applied in respect of that vehicle but for their repeal continue to apply in respect of that vehicle as if the Act and regulations had not been repealed.
(2) However, section 39 (1) (a) of this Act is taken to extend to a motor vehicle that was not seized before the repeal of section 4BB of the repealed Act as if the references to sections 40 and 41 of the STM Act include references to sections 4B and 4BA respectively of the repealed Act.
(1) An amended provision as in force immediately before the commencement of a relevant item continues to apply 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 2 or 3 to the amending Act that amends a provision of an Act or regulation that contains an offence.
"relevant offence" means an offence under an Act or regulation 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.
Any person who, immediately before the repeal of the repealed Act, was a delegate of the Authority in respect of the exercise of any function is taken to be a delegate of the Authority under section 50 of the Transport Administration Act 1988 in respect of any corresponding function of the Authority under the STM Act or this Act (or the regulations made under the STM Act or this Act).
(1) Any existing traffic control device that is also a prescribed traffic control device within the meaning of Part 4 of the STM Act is taken to be installed or displayed on, near or above the road or road related area with appropriate authority for the purposes of Part 4 of the STM Act.
(2) In this clause, "existing traffic control device" means a traffic control sign within the meaning of section 4D of the repealed Act:(a) that was erected or displayed on or near a road or road related area with the authority of the Authority within the meaning of that section before its repeal or otherwise lawfully erected or displayed, and(b) continued to be so erected or displayed immediately before the repeal of that section.
(1) A device that, immediately before the repeal of the repealed Act, was an approved speed measuring device for the purposes of that Act is taken to be an approved speed measuring device for the purposes of the STM Act.
(2) A device that, immediately before the repeal of the repealed Act, was an approved camera recording device for the purposes of that Act is taken to be an approved camera recording device for the purposes of the STM Act.
(3) A device that, immediately before the repeal of the repealed Act, was an approved camera detection device for the purposes of that Act is taken to be an approved camera detection device for the purposes of the STM Act.
(1) A police officer who was duly authorised by the Commissioner of Police under the repealed Act to install or inspect (or both) approved camera recording devices and whose authorisation was still in force immediately before the repeal of that Act is taken to have been duly authorised by the Commissioner of Police under the STM Act to install or inspect (or both) approved camera recording devices, as the case may be.
(2) A police officer who was duly authorised by the Commissioner of Police under the repealed Act to install or inspect (or both) approved camera detection devices and whose authorisation was still in force immediately before the repeal of that Act is taken to have been duly authorised by the Commissioner of Police under the STM Act to install or inspect (or both) approved camera detection devices, as the case may be.
(3) A police officer who was duly authorised by the Commissioner of Police under the repealed Act to carry out a breath analysis and whose authorisation was still in force immediately before the repeal of that Act is taken to have been duly authorised by the Commissioner of Police under the STM Act to carry out a breath analysis.
An approval granted by the Commissioner of Police under section 4B of the repealed Act for an activity referred to in section 4B (1) of that Act that is in force immediately before the repeal of that Act is taken to be an approval for that activity granted by the Commissioner under section 40 of the STM Act and subject to the same conditions (if any) originally imposed.
(1) A person who is an authorised officer within the meaning of paragraph (a) of the definition of "authorised officer" in section 25 (3) of the repealed Act immediately before its repeal is taken to be an authorised officer within the meaning of paragraph (a) of the definition of "authorised officer" in section 75 (4) of the STM Act.
(2) A person who is an authorised officer within the meaning of paragraph (a) of the definition of "authorised officer" in section 26 (8) of the repealed Act immediately before its repeal is taken to be an authorised officer within the meaning of paragraph (a) of the definition of "authorised officer" in section 76 (9) of the STM Act.
(1) In this clause:
"existing area declaration" means:(a) a declaration in force under section 2A of the repealed Act immediately before the repeal of that Act, and(b) a declaration in force under section 29 of the Road Transport (Driver Licensing) Act 1998 immediately before the commencement of Schedule 2.36 [10] to the amending Act, and(c) a declaration in force under section 25 of the Road Transport (Vehicle Registration) Act 1997 immediately before the commencement of Schedule 2.38 [10] to the amending Act."relevant commencement" means:(a) in relation to a declaration in force under section 2A of the repealed Act—the commencement of Schedule 1 to the amending Act in its application to the repealed Act, and(b) in relation to a declaration in force under section 29 of the Road Transport (Driver Licensing) Act 1998 —the commencement of Schedule 2.36 [10] to the amending Act, and(c) in relation to a declaration in force under section 25 of the Road Transport (Vehicle Registration) Act 1997 —the commencement of Schedule 2.38 [10] to the amending Act.
(2) An existing area declaration is taken:(a) to be a declaration in force under section 9 of this Act, and(b) to relate to the same area of the State or road or road related area (as the case may be) to which it applied immediately before the relevant commencement, and(c) to relate to:(i) if the provisions of the Acts or regulations to which it applies are still in force after the relevant commencement—the same provisions, or(ii) if the provisions of the Acts or regulations to which it applies are repealed on or before the relevant commencement—provisions in the road transport legislation that correspond to the repealed provisions.
(3) Nothing in this clause prevents the revocation of any declaration.
(1) In this clause:
"existing non-application declaration" means:(a) a declaration in force under section 30 of the Road Transport (Driver Licensing) Act 1998 immediately before the commencement of Schedule 2.36 [11] to the amending Act, and(b) a declaration in force under section 25A of the Road Transport (Vehicle Registration) Act 1997 immediately before the commencement of Schedule 2.38 [11] to the amending Act."relevant commencement" means:(a) in relation to a declaration in force under section 30 of the Road Transport (Driver Licensing) Act 1998 —the commencement of Schedule 2.36 [11] to the amending Act, and(b) in relation to a declaration in force under section 25A of the Road Transport (Vehicle Registration) Act 1997 —the commencement of Schedule 2.38 [11] to the amending Act.
(2) An existing non-application declaration is taken:(a) to be a declaration in force under section 10 of this Act, and(b) to relate to the same persons, vehicles or animals in the locations and circumstances to which it applied immediately before the relevant commencement, and(c) to relate to:(i) if the provisions of the Acts or regulations to which it applies are still in force after the relevant commencement—the same provisions, or(ii) if the provisions of the Acts or regulations to which it applies are repealed on or before the relevant commencement—provisions in the road transport legislation that correspond to the repealed provisions.
(3) Nothing in this clause prevents the revocation of any declaration.
(1) In this clause:
"existing suspension or variation order" means:(a) an order in force under section 28 of the Road Transport (Driver Licensing) Act 1998 immediately before the commencement of Schedule 2.36 [9] to the amending Act, and(b) an order in force under section 24 of the Road Transport (Vehicle Registration) Act 1997 immediately before the commencement of Schedule 2.38 [9] to the amending Act."relevant commencement" means:(a) in relation to an order in force under section 28 of the Road Transport (Driver Licensing) Act 1998 —the commencement of Schedule 2.36 [9] to the amending Act, and(b) in relation to an order in force under section 24 of the Road Transport (Vehicle Registration) Act 1997 —the commencement of Schedule 2.38 [9] to the amending Act.
(2) An existing suspension or variation order is taken:(a) to be a order in force under section 12 of this Act, and(b) to apply to the same area as it applied immediately before the relevant commencement, and(c) if the order suspended regulations—to suspend the same regulations for the same period as specified by the order in force immediately before the relevant commencement, and(d) if the order varied regulations—to vary the same regulations in the manner specified by the Minister in the order in force immediately before the relevant commencement.
(3) Nothing in this clause prevents the revocation or amendment of any order.
Any exemption given by the Authority under section 10O of the repealed Act in respect of all or any of the provisions of Part 3A of that Act that is in force immediately before the repeal of that Act is taken to be an exemption under section 68 of the STM Act in respect of the corresponding provisions of Division 2 of Part 5 of that Act and subject to the same conditions (if any).
A notice given under section 4AE of the repealed Act requiring a person to remove or surrender a prohibited speed measuring evasion article that is in force immediately before the repeal of that section that provides for compliance within a period that expires after that repeal is taken:
(a) to be a notice given under the corresponding provision of section 49 of the STM Act, and
(b) to require the person to remove or surrender the article at the expiry of the same period and in the same manner as originally specified in the notice.
(1) Section 26 of this Act applies to any disqualification from holding a driver licence to which section 10AA of the repealed Act applied immediately before its repeal.
(2) However, section 26 (2) does not apply to any person who was disqualified by a court before the repeal of section 10AA.
If a person is declared to be an habitual traffic offender by section 10EA of the repealed Act and that declaration is in force immediately before the repeal of that section by the amending Act:
(a) the declaration is taken to be a declaration in force as a declaration under Division 4 of Part 3 of this Act, and
(b) the period of disqualification imposed by the declaration is taken to be the period that is unexpired immediately before the repeal of section 10EA.
(1) If, immediately before the repeal of section 10C of the repealed Act by the amending Act, a police officer:(a) has a right to suspend a person’s driver licence under that section within 48 hours of the person being charged with an offence referred in section 10C (1) of that Act as in force immediately before its repeal, and(b) the period referred to in paragraph (a) has not expired immediately before that repeal,any police officer is taken to have that right under section 34 of this Act for the balance of the 48 hour period that has not expired.
(2) If, immediately before the repeal of section 10D of the repealed Act by the amending Act, a police officer:(a) has a right to suspend a person’s authority to drive under that section within 48 hours of the person being charged with an offence referred in section 10C (1) of that Act as in force immediately before its repeal, and(b) the period referred to in paragraph (a) has not expired immediately before that repeal,any police officer is taken to have that right under section 35 of this Act for the balance of the 48 hour period that has not expired.
(1) Until the regulations provide otherwise:(a) any person who was entitled under a right of review provision to apply to the Administrative Decisions Tribunal for a review of a decision is taken to be entitled to apply to the Tribunal for a review of the decision under section 48 of this Act, and(b) any application to the Tribunal made under a right of review provision that is pending or has been heard (but that has not been finally determined) immediately before the repeal of the right of review provision is taken to be an application made under section 48 of this Act.
(2) For the purposes of subclause (1), the Tribunal has the same functions by operation of section 48 of this Act as it would have had under the right of review provision concerned.
(3) In this clause:
"right of review provision" means:(a) section 21 of the Road Transport (Driver Licensing) Act 1998 as in force immediately before its repeal by the amending Act, and(b) section 17 of the Road Transport (Vehicle Registration) Act 1997 as in force immediately before its repeal by the amending Act.
(1) The provisions of the Road Transport (Driver Licensing) Act 1998 (and the regulations made under that Act) as in force immediately before the commencement of Schedule 2.36 [12] to the amending Act continue to apply to:(a) any appeal under the Road Transport (Driver Licensing) Act 1998 (or under a regulation under that Act) that is pending in a Local Court immediately before that commencement, and(b) any right to appeal to a Local Court that is available to a person under that Act or regulation immediately before that commencement.
(2) The provisions of the Road Transport (Vehicle Registration) Act 1997 (and the regulations made under that Act) as in force immediately before the commencement of Schedule 2.38 [11] to the amending Act continue to apply to:(a) any appeal under the Road Transport (Vehicle Registration) Act 1997 (or under a regulation under that Act) that is pending in a Local Court immediately before that commencement, and(b) any right to appeal to a Local Court that is available to a person under that Act or regulation immediately before that commencement.
(1) The regulations may make provision for or with respect to:(a) appeals against any decision (or class of decisions) under the road transport legislation instead of a review of any such decision or class of decisions by the Administrative Decisions Tribunal, and(b) applications for orders of the kind referred to in clause 6 of Schedule 1 for the release of an impounded vehicle.
(2) In particular, and without limiting subclause (1), the regulations may:(a) provide that section 48 or clause 6 of Schedule 1 does not apply to a decision or class of decisions, and(b) provide for the manner of notification of specified decisions by the Authority or any other person to persons affected by the decisions, and(c) confer jurisdiction on a Local Court in respect of the following:(i) to hear and determine appeals against specified decisions, or classes of decisions, under the road transport legislation,(ii) to hear and determine applications for orders for the release of an impounded vehicle, and(d) set out the actions that may be taken by a Local Court or must be taken by the Authority or any other person after the determination of an appeal or an application.
(3) A regulation referred to in subclause (1) may provide that a decision of a Local Court is final and not subject to any appeal or review by another court or body.
(4) Nothing in subclause (2) prevents:(a) the hearing or determination of an appeal to a Local Court in respect of a decision that is made reviewable by the Administrative Decisions Tribunal under section 48 of this Act after the lodgment of any such appeal, or(b) the hearing or determination of an application to a Local Court in respect of the release of an impounded vehicle that is made amenable to an application to the Administrative Decisions Tribunal under clause 6 of Schedule 1 to this Act after the lodgment of any such application.
(5) Nothing in this clause limits clause 1.
(1) A register of written off and wrecked motor vehicles maintained by the Authority under section 10ZG of the repealed Act immediately before the repeal of that section is taken to be the register of written off and wrecked vehicles under section 58 of this Act.
(2) If, immediately before the repeal of Part 3E of the repealed Act, a person was under a duty under a provision of that Part to provide information to the Authority within a period that expires after the repeal of that Part (the "original duty"):(a) the person is taken to be under a duty to provide the information under the provision of Division 3 of Part 4 of this Act that corresponds to the provision of Part 3E of the repealed Act (including any relevant regulations made under that Part) that imposed the original duty (the "new duty"), and(b) the new duty is taken to relate to the same information to which the original duty extended, and(c) the period within which the new duty must be carried out expires on the same date on which the original duty would, but for the repeal of Part 3E of the repealed Act, have expired.
(3) If a notice given by the Authority to a person under section 10ZO of the repealed Act is in force immediately before the repeal of that section and that notice imposes a requirement that is to be complied with within a period that expires after the repeal of that section (the "original notice"):(a) the original notice is taken to be a notice given by the Authority to that person under section 66 of this Act (the "new notice"), and(b) the new notice is taken to impose the same requirement on the person as the original notice, and(c) the period within which the requirement imposed by the new notice must be complied with expires on the same date as was specified in the original notice.
(4) Any exemption granted by the Authority under section 10ZR of the repealed Act that is in force immediately before the repeal of that section (the "original exemption") is taken:(a) to be an exemption granted by the Authority under section 69 of this Act, and(b) to exempt the person from the provisions of Division 3 of Part 4 of this Act that correspond to the provisions of Part 3E of the repealed Act from which the person was exempted by the original exemption, and(c) is subject to the same conditions (if any) as applied to the original exemption.
Note: Clause 3 of this Schedule ensures that the provisions of Part 3E of the repealed Act (and any associated regulation made under that Part), along with other provisions of the repealed Act, will continue to apply to a person who has committed an offence under that Part before its repeal.
If a vehicle movement record:
(a) was required under Part 3A of the repealed Act as in force immediately before the repeal of that Part by the amending Act to be kept for a period of at least 12 months, and
(b) the period of 12 months had not expired before that repeal,Division 2 of Part 5 of the STM Act is taken to apply to that record for the unexpired period as if it were a vehicle movement record within the meaning of that Division.
Section 46 is taken to extend to any matter that could (but for their repeal by the amending Act) have been the subject of a certificate under any of the following provisions:
(a) section 12 of the repealed Act,
(b) section 26 of the Road Transport (Driver Licensing) Act 1998 ,
(c) section 22 of the Road Transport (Vehicle Registration) Act 1997 .
Section 31 of the Road Transport (Driver Licensing) Act 1998 and section 28 of the Road Transport (Vehicle Registration) Act 1997 continue to apply with respect to acts or omissions occurring before their repeal by the amending Act as if this Act and the amending Act had not been enacted.
(1) Any fee or charge payable to the Authority under the repealed Act immediately before its repeal is taken to be payable to the Authority under this Act.
(2) Any fee or charge payable to any other person under the repealed Act immediately before its repeal is taken to be payable to that person under this Act.
A reference in any other Act (other than the STM Act or the amending Act) or other instrument to a provision of the repealed Act or a regulation made under that Act is to be read as a reference to the corresponding provision of the road transport legislation, unless the regulations or the context otherwise requires.
Nothing in this Part prevents the amendment or revocation of any delegation, authorisation, approval, declaration or order.
(1) A provision of this Act as in force immediately before the commencement of the Road Transport (General) Amendment (Operator Onus Offences) Act 2002 continues to apply in relation to an operator onus offence committed, or alleged to have been committed, before that commencement as if that Act had not been enacted.
(2) In this clause:
"operator onus offence" means any of the following offences (as defined in section 43 (11)):(a) a camera-detected traffic light offence,(b) a camera-recorded speeding offence,(c) a parking offence.