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REAL ESTATE AND BUSINESS AGENTS ACT 1978 - SECT 159

REAL ESTATE AND BUSINESS AGENTS ACT 1978 - SECT 159

159 .         Transitional regulations

        (1)         If there is not sufficient provision in this Part for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in relation to that matter.

        (2)         In subsection (1) —

        transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from this Act as enacted immediately before the commencement day to this Act as amended by the Acts Amendment (Fair Trading) Act 2010 .

        (3)         Regulations made under subsection (1) may provide that specific provisions of a written law —

            (a)         do not apply; or

            (b)         apply with specific modifications,

                to or in relation to any matter.

        (4)         Regulations made under subsection (1) must be made within 12 months after the commencement day.

        (5)         If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.

        (6)         In subsection (5) —

        specified means specified or described in the regulations.

        (7)         If regulations contain a provision referred to in subsection (5), the provision does not operate so as —

            (a)         to affect, in a manner prejudicial to any person (other than the State), the right of that person existing before the day of publication of those regulations; 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 day of publication of those regulations.

        [Section 159 inserted: No. 58 of 2010 s. 132.]