New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The statutory rules may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this Act or any Act that amends this ActRoad Transport Legislation (Repeal and Amendment) Act 2013Road Transport (Statutory Rules) Act 2013
(2) If the statutory rules so provide, any such provision may--(a) have effect despite any specified provisions of this Act (including a provision of this Schedule), and(b) 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 on the NSW legislation website, 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 on and from 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) Statutory rules made for the purposes of this clause may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
(1) In this Part--
"cognate Act" means any of the following--(a) the Road Transport Legislation (Repeal and Amendment) Act 2013 ,(b) the Road Transport (Statutory Rules) Act 2013 .
"continued statutory rule" --see clause 8.
"former registration charges legislation" means any of the following--(a) Part 2A of the Road Transport (Vehicle Registration) Act 1997 ,(b) the regulations made for the purposes of that Part.
"former road transport Act" means each of the following Acts--(a) the Road Transport (Driver Licensing) Act 1998 ,(b) the Road Transport (General) Act 2005 ,(c) the Road Transport (Safety and Traffic Management) Act 1999 ,(d) the Road Transport (Vehicle Registration) Act 1997 .Note : See section 4(4) concerning the construction of references to the Road Transport (General) Act 2005 .
"former road transport legislation" means the road transport legislation (within the meaning of the Road Transport (General) Act 2005 ).
"modification" includes addition, exception, omission or substitution.
"new road transport legislation" means the road transport legislation (within the meaning of this Act), including any statutory rules that are taken to have been made under this Act.
"pre-amended related provision" means a provision of an Act or statutory rule that is amended by a cognate Act as in force immediately before the provision was amended.
"repeal day" means the day on which Schedule 1 (Repeal of certain existing road transport legislation) to the Road Transport Legislation (Repeal and Amendment) Act 2013 commences.
(2) For the purposes of this Part--(a) a provision of the new road transport legislation is a
"corresponding provision" in relation to a provision of the former road transport legislation if the provision of the new road transport legislation corresponds (or substantially corresponds) to the provision of the former road transport legislation, and(b) a function conferred or imposed by the new road transport legislation is a
"corresponding function" in relation to a function conferred or imposed by the former road transport legislation if the function conferred or imposed by the new road transport legislation corresponds (or substantially corresponds) to the function conferred or imposed by the former road transport legislation.
(3) For the purposes of this Part, a reference to the
"unexpired balance of its period of duration" in relation to a period for a matter or other thing under the former road transport legislation that commenced before the repeal day is a reference to the unexpired or uncompleted part of the original period calculated from the beginning of the repeal day.
(1) Unless the context or subject-matter otherwise indicates or requires--(a) a reference in any other provision of this Part to the former road transport legislation is a reference to that legislation as in force immediately before the repeal day, and(b) a reference in any other provision of this Part to an Act or statutory rule (or a provision of an Act or statutory rule) that formed part of the former road transport legislation is a reference to that Act, rule or provision as in force immediately before the repeal day.
(2) Unless the context or subject-matter otherwise indicates or requires--(a) a reference (however expressed) in any other provision of this Part to a person, body, instrument, matter or thing having a particular status or effect under, or for the purposes of, any former road transport legislation (or a provision of that legislation) is a reference to that person, body, instrument, matter or thing having that status or effect immediately before the repeal day, and(b) a reference (however expressed) in any other provision of this Part to a right, entitlement, power, authority, duty or obligation under any former road transport legislation (or a provision of that legislation) is a reference to any such right, entitlement, power, authority, duty or obligation in existence immediately before the repeal day.
(1) This clause applies to any matter or thing (a
"continued matter or thing" ) that is--(a) approved, maintained, issued or made under the former road transport legislation, and(b) continued in force or effect, or taken to be a matter or thing, by a provision of this Part for the purposes of the new road transport legislation (or a specified provision of that legislation).
(2) A continued matter or thing may be amended, repealed, revoked, replaced, reissued, renewed, suspended, cancelled or otherwise dealt with under the new road transport legislation as if it had been approved, maintained, issued or made under the new road transport legislation.
(3) A continued matter or thing that was subject to any conditions imposed by or under the former road transport legislation is subject to the same conditions under the new road transport legislation.
(4) A continued matter or thing that would have been in force or had effect under the former road transport legislation for a specified period ceases to be in force or have effect under the new road transport legislation at the same time as it would have ceased to be in force or have effect under the former road transport legislation.
(5) This clause has effect unless the context or subject-matter otherwise indicates or requires.
(1) A provision of this Part that provides that a specified person, body, instrument, matter, thing, right, entitlement, power, authority, duty or obligation is taken to have a specified effect or status for the purposes of the new road transport legislation (or an Act or instrument forming part of, or a provision of that, legislation) operates to confer that effect or status on and from the repeal day.
(2) This clause has effect unless the context or subject-matter otherwise indicates or requires.
(1) The former road transport legislation, any declarations or orders made under that legislation and any pre-amended related provisions continue to apply with respect to the following matters as if this Act and each cognate Act had not been enacted--(a) an offence or alleged offence against the former road transport legislation or any pre-amended related provision,(b) any proceedings for any such offence,(c) any penalty notice, fine enforcement order, penalty notice enforcement order or court enforcement order that is in force in respect of an offence against the former road transport legislation or pre-amended related provision,(d) any appeal that is pending in a court (or any entitlement to appeal to a court that has not been exercised) in respect of a matter arising under the former road transport legislation,(e) any breath test, breath analysis, oral fluid test or oral fluid analysis conducted under the former road transport legislation,(f) any breath, blood, urine or oral fluid sample taken under the former road transport legislation,(g) any vehicle taken charge of or removed by a police officer under section 31 or 75 of the Road Transport (Safety and Traffic Management) Act 1999 that has not been returned before the repeal day,(h) an unattended motor vehicle or trailer removed under section 76 of the Road Transport (Safety and Traffic Management) Act 1999 ,(i) any compensation order made under Division 1 of Part 5.5 of the Road Transport (General) Act 2005 made before the repeal day,(j) any breaches of, or other non-compliance with, the provisions of Chapter 3 of the Road Transport (General) Act 2005 occurring before the repeal day,(k) any direction or notice given under a provision of the former road transport legislation requiring a matter or thing to be done (whether before, on or after the repeal day),(l) any other matter or thing arising under or in connection with the former road transport legislation that is prescribed by the statutory rules.
(2) This clause is subject to any contrary provision in this Schedule.
(1) Any order in force under section 15 of the Road Transport (General) Act 2005 is taken to be an order in force under section 18 of this Act.
(2) Any order in force under section 16 of the Road Transport (General) Act 2005 is taken to be an order in force under section 19 of this Act.
(3) Any order that is continued in force by operation of this clause has effect subject to the following--(a) in the case of an order that had effect in relation to all of the former road transport legislation--the order has effect under this Act in relation to the whole of the new road transport legislation,(b) in the case of an order that had effect in relation to specified provisions of the former road transport legislation--the order has effect under this Act in relation to the corresponding provisions (if any) of the new road transport legislation.
(4) Any database that is a database of declarations and orders for the purposes of section 18 of the Road Transport (General) Act 2005 is taken to be a database of declarations and orders for the purposes of section 22 of this Act.
(1) For the purposes of this Part, each of the following statutory rules is a
"continued statutory rule" --(a) the Road Rules 2008 ,(b) the Road Transport (Driver Licensing) Regulation 2008 ,(c) the Road Transport (Vehicle Registration) Regulation 2007 .
(2) Each continued statutory rule is taken to be a regulation or rules (as the case requires) made by the Governor under this Act.
(3) Any statutory rule made under a former road transport Act (other than the Road Transport (General) Act 2005 ) before the repeal day (a
"continued amending statutory rule" ) that amends a continued statutory rule with effect on or after that day is taken to have been made by the Governor under this Act, and operates to amend the continued statutory rule accordingly.
(4) Subject to the statutory rules, any reference to a repealed provision of the former road transport legislation that is inserted in a continued statutory rule by a continued amending statutory rule is taken to be a reference to the corresponding provision (if any) of the new road transport legislation.
(1) Schedule 3 to the Road Transport (Statutory Rules) Act 2013 is taken to be and has effect as a regulation made by the Governor under this Act.
(2) Part 2 of the Subordinate Legislation Act 1989 does not apply to the regulation set out in Schedule 3 to the Road Transport (Statutory Rules) Act 2013 (but applies to any amendment or repeal of the regulation).
(3) For the purposes of section 10 of the Subordinate Legislation Act 1989 , the regulation set out in Schedule 3 to the Road Transport (Statutory Rules) Act 2013 is taken to have been published on the repeal day.
(4) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the regulation set out in Schedule 3 to the Road Transport (Statutory Rules) Act 2013 (but apply to any amendment or repeal of the regulation).
Note : The continued effect of the regulation set out in Schedule 3 to the Road Transport (Statutory Rules) Act 2013 is unaffected by the repeal of that Schedule. See section 30 of the Interpretation Act 1987 .
Any fee in force under section 10 of the Road Transport (Driver Licensing) Act 1998 is taken to be a fee fixed under section 271 of this Act.
Any duty of the Authority to take action under section 11 of the Road Transport (Driver Licensing) Act 1998 is taken to be a duty to take the same action under section 29 of this Act.
(1) For the purposes of this clause, an
"existing driver licence" means--(a) a driver licence in force under the Road Transport (Driver Licensing) Act 1998 and the regulations under that Act, and(b) a driver licence that has been suspended (but not cancelled) under that Act and those regulations.
(2) An existing driver licence has effect for the unexpired balance of its period of duration as if it had been issued under the corresponding provisions of this Act and the statutory rules, and may be renewed, varied, cancelled or suspended in all respects as though it were a driver licence issued under this Act and the statutory rules.
(3) Subject to this Part and the statutory rules, an existing driver licence continues in effect as a driver licence under this Act of the same class as it was (and subject to the same conditions to which it was subject) under the Road Transport (Driver Licensing) Act 1998 and the regulations under that Act.
(1) Any notice of licence suspension or notice of licence ineligibility that--(a) is in force under Division 2 of Part 2 of the Road Transport (Driver Licensing) Act 1998 , and(b) specified a date for the suspension or ineligibility to take effect that is on or after the repeal day,is taken to be a notice in force under the corresponding provisions of Part 3.2 of this Act.
(2) Any election to be of good behaviour as alternative to licence suspension or licence ineligibility that has effect under Division 2 of Part 2 of the Road Transport (Driver Licensing) Act 1998 is taken to have effect as an election under the corresponding provisions of Part 3.2 of this Act.
(3) Any period of driver licence suspension, period of licence ineligibility or period of good behaviour that has effect in relation to a person under Division 2 of Part 2 of the Road Transport (Driver Licensing) Act 1998 is taken to be a period of licence suspension, period of licence ineligibility or period of good behaviour that applies to the person under the corresponding provisions of Part 3.2 of this Act for the unexpired balance of its period of duration.
(1) Without limiting clause 33, a person who incurred, or against whom demerit points are recorded, under the Road Transport (Driver Licensing) Act 1998 is taken to have incurred those demerit points under this Act.
(2) Accordingly, any such demerit points may be taken into account for the purposes of the provisions of Part 3.2 of this Act.
(3) Any notice in force under section 15 of the Road Transport (Driver Licensing) Act 1998 is taken to be a notice in force under section 32 of this Act.
(1) Any interlock device that is an approved interlock device for the purposes of section 21A of the Road Transport (Driver Licensing) Act 1998 is taken to be an approved interlock device for the purposes of section 45 of this Act.
(2) Any person who is an approved interlock installer for the purposes of section 21B of the Road Transport (Driver Licensing) Act 1998 is taken to be a person who has been approved as an approved interlock installer for the purposes of section 46 of this Act.
(3) Any person who is an approved interlock service provider for the purposes of section 21B of the Road Transport (Driver Licensing) Act 1998 is taken to be a person who has been approved as an approved interlock service provider for the purposes of section 46 of this Act.
(4) Any scheme in effect under section 21D of the Road Transport (Driver Licensing) Act 1998 is taken to be a scheme in effect under section 48 of this Act.
(1) Section 59 of this Act extends to speeding offences (within the meaning of section 33 of the Road Transport (Driver Licensing) Act 1998 ) committed before the repeal day.
(2) Any other period of licence suspension that has effect in relation to a person under section 33 of the Road Transport (Driver Licensing) Act 1998 or the regulations under that Act is taken to be a period of licence suspension that applies to the person under the corresponding provisions of this Act and the statutory rules for the unexpired balance of its period of duration.
(1) Any vehicle that is registered in this jurisdiction for the purposes of the Road Transport (Vehicle Registration) Act 1997 is taken to be registered in this jurisdiction for the purposes of this Act.
(2) The period of registration under this Act for any such vehicle is taken to be the unexpired balance of the duration of the registration period for the vehicle under the Road Transport (Vehicle Registration) Act 1997 .
(1) Any label or plate that has effect for the purposes of any provisions of the Road Transport (Vehicle Registration) Act 1997 or the regulations made under that Act is taken to have effect as a label or plate for the purposes of any corresponding provisions of this Act and the statutory rules.
(2) If any such label or plate has effect for the purposes of any provision of the Road Transport (Vehicle Registration) Act 1997 or the regulations made under that Act for a period, the period during which the label or plate is taken to have effect under this Act is the unexpired balance of the period of its duration.
(3) Any special number-plate arrangements under section 8A of the Road Transport (Vehicle Registration) Act 1997 are taken to be special number-plate arrangements under section 66 of this Act.
Any permit that is an unregistered vehicle permit for the purposes of the Road Transport (Vehicle Registration) Act 1997 is taken to be an unregistered vehicle permit for the purposes of this Act for the unexpired balance of the period of its duration.
(1) Any reference (however expressed) in any other Act or instrument made under any Act or any other instrument of any kind to the registration of a vehicle under the Road Transport (Vehicle Registration) Act 1997 (or the regulations made under that Act) is taken to be a reference to the registration of a vehicle under this Act.
(2) This clause does not apply to the Motor Vehicles (Third Party Insurance) Act 1942 or other provisions of any other Act or statutory rule prescribed by the statutory rules.
Section 27 of the Road Transport (Vehicle Registration) Act 1997 continues to apply to any vehicle seized under that section before its repeal as if that section had not been repealed.
A person to whom a direction or defect notice has been given under section 22B or 26 of the Road Transport (Vehicle Registration) Act 1997 remains under a duty to comply with that direction or notice despite the repeal of that section.
(1) Any vehicle that was a statutory written-off vehicle for the purposes of Part 2AA of the Road Transport (Vehicle Registration) Act 1997 continues to be a statutory written-off vehicle for the purposes of Part 4.5 of this Act.
(2) Any vehicle that was a former written-off vehicle for the purposes of Part 2AA of the Road Transport (Vehicle Registration) Act 1997 continues to be a former written-off vehicle for the purposes of Part 4.5 of this Act.
(3) The provisions of clause 24 of Schedule 3 to the Road Transport (Vehicle Registration) Act 1997 continue to apply in relation to the requirements under Part 4.5 of this Act that correspond to the requirements under the Road Transport (Vehicle Registration) Act 1997 .
(4) A vehicle that is recorded on the NSW written-off vehicles register under Part 4.5 of this Act as a former written-off vehicle may also be referred to as a repairable written-off vehicle.
(1) Any fees or charges owing to the Authority under the former road transport Acts are taken to be owing to the Authority under this Act.
(2) Subclause (1) does not apply to registration charges or administrative fees payable under the former registration charges legislation.
(1) Any applicable registration charges or administration fees under the former registration charges legislation that were paid in respect of a registration or renewal of registration of a vehicle before the repeal day for a registration period ending after that day are taken to be registration charges or administrative fees paid under Schedule 2 for the vehicle for the unexpired balance of the duration of the registration period.
(2) Any registration charges or administrative fees payable under the former registration charges legislation in respect of the registration or renewal of registration of a vehicle continue to be payable in accordance with that legislation despite the repeal of that legislation.
(3) Any registration charges or administrative fees referred to in subclause (2) that are paid on or after the repeal for a registration period ending after that day are taken to be registration charges or administrative fees paid under Schedule 2 for the vehicle for the unexpired balance of the duration of the registration period.
(4) Any exemption, approval, direction, request, certificate or other matter or thing made, given or done under the former registration charges legislation in respect of a vehicle to which subclause (1) or (2) applies continues in force in relation to the vehicle, but may be revoked or varied in accordance with this Act.
(5) Any registration charges or administrative fees payable under the former registration charges legislation that are paid on or after the repeal day are to be paid into the Consolidated Fund. However, clause 20 of Schedule 2 extends to any such charges or fees as if they were charges or fees paid under Schedule 2.
(6) Nothing in this clause affects--(a) any right to a refund arising under the former registration charges legislation (whether before or after the repeal day), or(b) the continued operation of section 17S of the Road Transport (Vehicle Registration) Act 1997 in respect of charges or fees paid under Part 2A of that Act before the repeal day.
(1) Any motor vehicle tax paid in respect of a registration or renewal of registration of a vehicle before the repeal day for a registration period ending after that day is taken to be a motor vehicle tax paid for the unexpired balance of the duration of the registration period.
(2) Any motor vehicle tax payable in respect of the registration or renewal of registration of a vehicle continues to be payable in accordance with the Motor Vehicles Taxation Act 1988 .
(3) In this clause--
"motor vehicle tax" means any tax imposed under the Motor Vehicles Taxation Act 1988 .
(1) Existing approved traffic enforcement devices Any device that was an approved device under the Road Transport (Safety and Traffic Management) Act 1999 (or any provisions of that Act) of a kind referred to in Column 1 of the Table to this subclause (an
"existing approved traffic enforcement device" ) is taken to be an approved traffic enforcement device under this Act approved for the use referred to in Column 2 opposite the kind of device specified in Column 1.Table
Column 1 Column 2 Existing approved traffic enforcement device Corresponding approved use approved average speed detection device average speed detection approved camera detection device red traffic light detection approved camera recording device excess speed imaging approved digital camera recording device excess speed imaging approved speed measuring device speed measurement approved traffic lane camera device traffic lane use detection
(2) An existing approved traffic enforcement device that has been approved for use as an approved device for the purposes of 2 or more device approval provisions (within the meaning of section 57C of the Road Transport (Safety and Traffic Management) Act 1999 ) is taken to be approved as an approved traffic enforcement device under this Act for each of those uses.
(3) Existing alcohol or drug testing instruments Any device or instrument that was an approved device or instrument for the purposes of the Road Transport (Safety and Traffic Management) Act 1999 (or any provisions of that Act) of a kind referred to in Column 1 of the Table to this subclause is taken to be an approved device or instrument for the purposes of this Act (or the corresponding provisions of this Act) of the kind referred to in Column 2 opposite the kind of device or instrument specified in Column 1.Table
Column 1 Column 2 Existing device or instrument Corresponding device or instrument approved oral fluid analysing instrument approved oral fluid analysing instrument approved oral fluid testing device approved oral fluid testing device breath analysing instrument breath analysing instrument a device approved for the carrying out of breath tests a device approved for the carrying out of breath tests
(4) Authorised persons A police officer or other person who is authorised under a provision of the former road transport legislation to operate, or install and inspect, a device or instrument referred to in Column 1 of the Tables to subclause (1) or (3) is taken to have been authorised under the corresponding provision of the new road transport legislation to operate, or install and inspect, as the case may be, the corresponding device or instrument under this Act.
(5) Without limiting subclause (4), a police officer who is authorised to carry out breath tests or oral fluid tests under the Road Transport (Safety and Traffic Management) Act 1999 is taken to be authorised to carry out breath tests or oral fluid tests under Schedule 3 to this Act.
Any approval in force under section 40 of the Road Transport (Safety and Traffic Management) Act 1999 is taken to be an approval in force under section 115 of this Act.
(1) A notice served under a provision of section 49 of the Road Transport (Safety and Traffic Management) Act 1999 that requires a thing to be done at or by time occurring on or after the repeal day is taken to be a notice served under the corresponding provision of section 120 of this Act.
(2) An officer of the Authority who is authorised for the purposes of section 49 of the Road Transport (Safety and Traffic Management) Act 1999 is taken to be an officer authorised for the purposes of section 120 of this Act.
(1) A person who is authorised under section 51(b) of the Road Transport (Safety and Traffic Management) Act 1999 to install or display (or to interfere with, alter or remove) a prescribed traffic control device under that Act is taken to be authorised to do the same under section 122(b) of this Act.
(2) A person who is authorised under section 53(1) of the Road Transport (Safety and Traffic Management) Act 1999 to give directions under that section is taken to be authorised to give directions under section 124 of this Act.
Any person, body, matter or thing approved (other than by the regulations) for the purposes of a provision of Division 2 of Part 5 of the Road Transport (Safety and Traffic Management) Act 1999 is taken to be approved for the purposes of the corresponding provision of Part 6.1 of this Act.
Note : See also clause 40 regarding the continuing requirement to keep vehicle movement records created under Division 2 of Part 5 of the Road Transport (Safety and Traffic Management) Act 1999 .
Any research program approved for the purposes of section 73 of the Road Transport (Safety and Traffic Management) Act 1999 is taken to be a research program approved for the purposes of clause 39 of Schedule 3 to this Act.
(1) Each register under the former road transport legislation (an
"existing register" ) referred to in Column 1 of the Table to this subclause is taken to be the register for the purposes of this Act (
"corresponding register" ) referred to in Column 2 opposite the existing register specified in Column 1.Table
Column 1 Column 2 Existing register Corresponding register driver licence register referred to in section 8(b) of the Road Transport (Driver Licensing) Act 1998 NSW driver licence register demerit points register under the Road Transport (Driver Licensing) Act 1998 NSW demerit points register Register of Registrable Vehicles under the Road Transport (Vehicle Registration) Act 1997 NSW registrable vehicles register register of written-off vehicles under Part 2AA of the Road Transport (Vehicle Registration) Act 1997 NSW written-off vehicles register
(2) An existing register that becomes a corresponding register by operation of this clause may continue to include information that was recorded for the purposes of the former road transport Act for which the register was maintained.
(3) Without limiting any other provision of this Act, the Authority may update or correct information recorded in an existing register that becomes a corresponding register to reflect changes resulting from the enactment of this Act and any repeals or amendments made by a cognate Act.
(1) Any instrument in force under section 121 of the Road Transport (General) Act 2005 (an
"existing appointment instrument" ) that appoints a person as an authorised officer, or a class of persons as authorised officers, for the purposes of that Act is taken to be an instrument made under section 166 of this Act appointing the same person or class of persons as authorised officers under this Act.
(2) Any instrument in force under section 122 of the Road Transport (General) Act 2005 that restricts or otherwise limits the exercise of powers by an authorised officer, or a class of authorised officers, in relation to the former road transport legislation is taken to be an instrument made under section 167 of this Act imposing the same kinds of restrictions or limitations in relation to the corresponding provisions of the new road transport legislation.
(3) Any identification card issued to an authorised officer under section 124 of the Road Transport (General) Act 2005 whose appointment as such is continued in effect by this clause is taken to be an identification card issued by the Authority for the purposes of section 168 of this Act.
(4) Any agreement in force under section 127 of the Road Transport (General) Act 2005 is taken to be an agreement entered into by the Minister under section 171 of this Act.
Any power conferred on an authorised officer by Part 7.2 (Identity powers) of this Act is taken to extend to--
(a) in relation to a power exercisable in relation to a matter arising under or in connection with the new road transport legislation (or a specified provision of that legislation)--a matter arising under or in connection with the former road transport legislation (or a provision of that legislation to which the specified provision corresponds), and
(b) in relation to a power exercisable in relation to a matter arising under or in connection with an applicable road law, Australian applicable road law or approved road transport compliance scheme within the meaning of this Act (or a specified provision of such a law or scheme)--a matter arising under or in connection with an applicable road law, Australian applicable road law or approved road transport compliance scheme within the meaning of the Road Transport (General) Act 2005 (or a provision of such a law or scheme to which the specified provision corresponds).
(1) This clause applies in relation to the following--(a) any licence disqualification (a
"continuing licence disqualification" ) that is--(i) imposed before the repeal day by or under Division 1 of Part 5.4 of the Road Transport (General) Act 2005 , or(ii) imposed on or after the repeal day by or under Division 1 of Part 5.4 of the Road Transport (General) Act 2005 (as continued in force by operation of clause 6) in relation to an offence committed against the former road transport legislation,(b) any disqualification suspension order (a
"continuing disqualification suspension order" ) that is--(i) made before the repeal day under Division 2 of Part 5.4 of the Road Transport (General) Act 2005 , or(ii) made on or after the repeal day under Division 2 of Part 5.4 of the Road Transport (General) Act 2005 (as continued in force by operation of clause 6) in relation to an offence committed against the former road transport legislation,(c) any declaration (a
"continuing habitual traffic offender declaration" ) that--(i) comes into force in relation to a person before the repeal day by operation of section 199 of the Road Transport (General) Act 2005 , or(ii) comes into force in relation to a person on or after the repeal day under section 199 of the Road Transport (General) Act 2005 (as continued in force by operation of clause 6) in relation to an offence committed against the former road transport legislation,(d) any suspension from holding a driver licence (a
"continuing licence suspension" ) that is--(i) imposed before the repeal day by or under Division 4 of Part 5.4 of the Road Transport (General) Act 2005 , or(ii) imposed on or after the repeal day by or under Division 4 of Part 5.4 of the Road Transport (General) Act 2005 (as continued in force by operation of clause 6) in relation to an offence committed against the former road transport legislation.
(2) A continuing licence disqualification continues to have effect as a disqualification from holding a driver licence for the purposes of Division 1 of Part 7.4 of this Act until such time as the period of disqualification ends or the disqualification is annulled, quashed or set aside (whichever is the sooner).
(3) A continuing disqualification suspension order continues to have effect as a disqualification suspension order for the purposes of Division 2 of Part 7.4 of this Act until the order ceases to have effect under that Division or the order is annulled, quashed or set aside (whichever is the sooner).
(4) A continuing habitual traffic offender declaration continues to have effect as a declaration that a person is an habitual traffic offender for the purposes of Division 3 of Part 7.4 of this Act until such time as the period of declaration ends or the declaration is annulled, quashed or set aside (whichever is the sooner).
(5) A continuing licence suspension continues to have effect as a suspension of a driver licence for the purposes of the provisions of Division 4 of Part 7.4 of this Act that correspond to the provisions of the Road Transport (General) Act 2005 under which the suspension was made until such time as the suspension ceases to have effect or the suspension is annulled, quashed or set aside (whichever is the sooner).
Section 226 of this Act extends to a driver licence that is cancelled as a special measure (within the meaning of section 207 of the Road Transport (General) Act 2005 ) before the repeal day or under the former road transport legislation (as continued in force by operation of clause 6) on or after that day.
(1) Part 7.6 (Sanctions concerning vehicles) of this Act extends to--(a) a sanctionable offence within the meaning of the Road Transport (General) Act 2005 committed, or alleged to have been committed, before the repeal day in respect of which a sanction could have been (but had not yet been) imposed under Division 2 of Part 5.5 of that Act as if it were a sanctionable offence within the meaning of Part 7.6 of this Act, and(b) a motor vehicle production notice issued under Division 2 of Part 5.5 of the Road Transport (General) Act 2005 before the repeal day that specifies a motor vehicle production date occurring on or after the repeal day as if the notice had been issued under the corresponding provisions of Part 7.6 of this Act, and(c) a number plate production notice issued under Division 2 of Part 5.5 of the Road Transport (General) Act 2005 before the repeal day that specifies a number plate production date occurring on or after the repeal day as if the notice had been issued under the corresponding provisions of Part 7.6 of this Act, and(d) a number plate confiscation notice issued under Division 2 of Part 5.5 of the Road Transport (General) Act 2005 before the repeal day that specifies a number plate production date occurring on or after the repeal day as if the notice had been issued under the corresponding provisions of Part 7.6 of this Act.
(2) A number plate confiscation period in force with respect to a vehicle under Division 2 of Part 5.5 of the Road Transport (General) Act 2005 continues in effect until its expiry as if it were a number-plate confiscation period imposed under the corresponding provisions of Part 7.6 of this Act.
(3) Any motor vehicle impounded, or number-plates confiscated, under Division 2 of Part 5.5 of the Road Transport (General) Act 2005 may continue to be impounded or confiscated (and otherwise dealt with) as if it had been impounded or confiscated under the corresponding provisions of this Part 7.6 of this Act.
(4) Any motor vehicle that was forfeited under Division 2 of Part 5.5 of the Road Transport (General) Act 2005 may be disposed of or otherwise dealt with as if it had been forfeited under the corresponding provisions of Part 7.6 of this Act.
Any photographic or video equipment approved
by the Commissioner of Police for the purposes of paragraph (d) of the
definition of
"camera recorded offence" in section 179(12) of the Road Transport (General)
Act 2005 is taken to be equipment that has been approved for the purposes of
paragraph (e) of the definition of
"camera recorded offence" in section 183(1) of this Act.
(1) Any requirement under a provision of the former road transport legislation for a person (other than the Authority) to keep a record or other document for a period (the
"original period" ) that has not expired before the repeal day is taken to continue as a requirement to keep the record or other document under the corresponding provision of the new road transport legislation for the unexpired balance of the duration of the original period.
(2) Any power conferred on a person by a provision of the new road transport legislation to require the production of a record or other document (or a copy of such a record or document) extends to a record or other document created before the repeal day that could have been required to be produced under a former corresponding provision if that provision had continued in force.
Any person who is--
(a) authorised by or under any former road transport legislation to carry out any function of the Authority under that legislation, or
(b) a delegate of the Authority in respect of the exercise of any such function,is taken to be a delegate of the Authority under section 273 of this Act in respect of any corresponding function under this Act or the statutory rules.
Subject to this Part, any person (or person belonging to a class of persons) who is appointed, approved or otherwise authorised for the purposes of a provision of the former road transport legislation (including a definition) in relation to the exercise of specified functions is taken to be similarly appointed, approved or authorised for the purposes of the corresponding provision (if any) of this Act.
(1) In any other Act or in any instrument made under another Act (and except as provided by subclauses (2), (3) and (4))--(a) subject to paragraph (b), a reference to a former road transport Act is to be read as a reference to this Act, and(b) a reference to a provision of a former road transport Act is to be read as a reference to the corresponding provision (if any) of this Act.
(2) A reference in any other Act or in any instrument made under another Act to a provision of the Road Transport (General) Act 2005 that has not been repealed by a cognate Act is to be read as a reference to that provision in the Road Transport (Vehicle and Driver Management) Act 2005 .
(3) A reference in any other Act or in any instrument made under another Act to a provision of the Road Transport (General) Regulation 2005 that has not been repealed by a cognate Act is to be read as a reference to that provision in the Road Transport (Vehicle and Driver Management) Regulation 2005 .
(4) A reference in any Act or in any other instrument to--(a) a provision of the Road Transport (General) Regulation 2005 that has been remade in the Road Transport (General) Regulation 2013 , or(b) a provision of the Road Transport (Safety and Traffic Management) Regulation 1999 ,is to be read as a reference to the corresponding provision of the Road Transport (General) Regulation 2013 .
(5) Subclauses (1)-(4) do not apply to the following--(a) a reference in a cognate Act,(b) a reference in the Road Transport (Vehicle and Driver Management) Act 2005 or Road Transport (Vehicle and Driver Management) Regulation 2005 ,(c) a reference in the Road Transport (General) Regulation 2013 ,(d) a reference in a provision of another Act or statutory rule made under another Act (as amended, substituted or inserted by a cognate Act),(e) such references to a former road transport Act (or a provision of a former road transport Act) in another Act or a statutory rule made under another Act as may be prescribed by the statutory rules under this Act for the subclause of this clause concerned.
(1) Any other Act, or a statutory rule made under any other Act, contains an
"outdated new legislative provision" for the purposes of this clause if--(a) the provision concerned contains a reference (an
"outdated reference" ) to any Act or statutory rule that formed part of the road transport legislation (or to any provision of such an Act or statutory rule) that will or has become out of date or otherwise incorrect because of the repeal or renaming of any of the former road transport legislation or the enactment of this Act and the cognate Acts, and(b) the provision was enacted or made (or the outdated reference in the provision was inserted by an Act or statutory rule that was enacted or made) on or after the day on which the Bill for this Act was first introduced into Parliament, but before the repeal day.
(2) The statutory rules may amend any other Act, or a statutory rule made under any other Act, that contains an outdated new legislative provision to replace the outdated reference in the provision with a reference to the corresponding Act or statutory rule (or the corresponding provision or provisions of an Act or statutory rule) that form part of the new road transport legislation.
(1) The statutory rules may make provision for or with respect to the use of existing documents for the purposes of the new road transport legislation for transitional periods.
(2) A document is an
"existing document" for the purposes of subclause (1) if it is a document prepared before the repeal day for use in connection with the administration or enforcement of the former road transport legislation.
Subject to this Part and the statutory rules, anything done under or for the purposes of a provision of the former road transport legislation is, to the extent that the thing has effect immediately before the repeal of the provision, taken to have been done under or for the purposes of the corresponding provision (if any) of the new road transport legislation.
(1) The Road Transport (Mass, Loading and Access) Regulation 2005 is taken, on and from the participation day, to be a regulation made by the Governor under this Act, and may be amended or repealed accordingly.
(2) In this clause--
"participation day" means the day on which section 4 (Application of Heavy Vehicle National Law) of the Heavy Vehicle (Adoption of National Law) Act 2013 commences.
(1) For the avoidance of doubt, it is declared that clause 29C of the Road Transport (Vehicle and Driver Management) Regulation 2005 operated during the transitional period to prescribe information for the purposes of the definition of
"number-plate confiscation notice" in section 237(1).
(2) Accordingly, any notice in a form approved by the Commissioner of Police containing that prescribed information that was issued during the transitional period is taken to have had effect as a number-plate confiscation notice for the purposes of this Act and any other relevant law.
(3) In this clause--
"relevant law" means the Fines Act 1996 and any other Act, statutory rule or law that is relevant to the enforcement of a number-plate confiscation notice issued under Part 7.6 of this Act or an offence relating to such a notice.
"transitional period" means the period--(a) commencing on the repeal day (within the meaning of Part 2 of this Schedule), and(b) ending immediately before the day on which clause 144A of the Road Transport (General) Regulation 2013 (as inserted by the Heavy Vehicle (Adoption of National Law) Amendment Act 2013 ) commences.
In this Part--
"amending Act" means the Road Transport Amendment (Mandatory Alcohol
Interlock Program) Act 2014 .
(1) Division 2 of Part 7.4, as in force immediately before its substitution by the amending Act, continues to apply to a person in respect of whom a disqualification suspension order (within the meaning of that Division) was made before that substitution.
(2) The conditions to which an interlock driver licence issued to a person referred to in subclause (1) was subject immediately before that substitution continue to have effect until the expiry of the interlock participation period applicable to the person.
(3) However, an interlock driver licence issued to a person referred to in subclause (1) after that substitution (whether or not applied for before that substitution) is subject to the conditions applicable to an interlock driver licence issued on or after that substitution.
(1) Without limiting section 26 of the Interpretation Act 1987 , an interlock services agreement (within the meaning of section 46 as amended by the amending Act) may be entered into before the commencement of the amendments made to section 46 by the amending Act.
(2) A person who, immediately before the commencement of the amendments to section 46 made by the amending Act, held an approval for a specified period as an interlock installer or an interlock service provider, or both, may (subject to any conditions to which that approval was subject) continue to exercise the functions the person was approved to exercise until the end of that period as if the person were an accredited interlock service provider.
(3) The Authority may revoke the accreditation of a person referred to in subclause (2), and revoke or vary any conditions referred to in that subclause, by notice in writing given to the person.
Demerit points recorded in the NSW demerit points register immediately before the commencement of section 43A may be counted towards determining a threshold number of demerit points reached after the commencement of that section.
In this Part--
"amending Act" means the Road Transport Amendment (Alcohol and Drug Testing)
Act 2014 .
(1) In this clause--
"new provision" means any of the following provisions of Schedule 3--(a) clause 17(1)(a1),(b) clause 18(1)(b), (f) or (g), as amended by the amending Act,and, in relation to a provision referred to in paragraph (b), a reference to the commencement of a new provision is a reference to the commencement of the relevant amendment.
(2) For the purposes of section 9, a conviction for an equivalent offence within the applicable re-offending period for an offence against a new provision is a conviction for such an offence during that period regardless of whether that period commenced before or after the commencement of the new provision.
(3) For the purposes of section 203, an application of section 10 of the Crimes (Sentencing Procedure) Act 1999 during the period of 5 years before a court's determination in respect of a charge for an offence against a new provision is an application of section 10 of that Act during that period, regardless of whether that period commenced before or after the commencement of the new provision.
(4) For the purposes of section 205 or 217, a conviction for a major offence during the period of 5 years before a conviction for an offence against a new provision is a conviction for such an offence during that period regardless of whether that period commenced before or after the commencement of the new provision.
(5) For the purposes of section 210, a conviction for an alcohol-related major offence during the period of 5 years before a conviction for an offence against clause 17(1)(a1) of Schedule 3 is a conviction for such an offence during that period regardless of whether that period commenced before or after the commencement of clause 17(1)(a1).
(6) For the purposes of section 214, a conviction for an offence against clause 17(1)(a1) of Schedule 3 during an interlock participation period is a conviction for a major offence during that period whether or not that period commenced before or after the commencement of clause 17(1)(a1).
The amendment made to clause 18(3)(f) of Schedule 3 by the amending Act applies only in relation to an offence committed after the commencement of that amendment.
The amendments made to clause 22 of Schedule 3 by the amending Act apply in relation to a urine sample only if it was taken after the commencement of those amendments.
A notification under clause 27(2) of Schedule 3 before its amendment by the amending Act is taken to be a notification under that provision as amended, in relation to an analysis of a sample to which the notification relates carried out after the commencement of the amendment.
(1) The amendments made to clause 36(5) of Schedule 3 by the amending Act apply to a certificate in relation to a sample regardless of whether the sample was received by or on behalf of an analyst before or after the commencement of those amendments.
(2) Clause 36(9) of Schedule 3, as amended by the amending Act, applies in relation to a certificate referred to in clause 36(6) regardless of whether the sample to which the certificate relates was taken before or after the commencement of that amendment.
A police officer who had undertaken a training course in breath analysis conducted by the NSW Police Force before carrying out a breath analysis on or after 1 December 1999 and before 21 February 2014 is taken to have been authorised by the Commissioner of Police to operate a breath analysing instrument, and the breath analysis is taken to have been a breath analysis carried out by a police officer authorised to do so under clause 5(2) of Schedule 3 or section 15(2) of the Road Transport (Safety and Traffic Management) Act 1999 (as appropriate).
(1) The references to a third-party policy and the Nominal Defendant in section 148P(1) extend to include references to a third-party policy and the Nominal Defendant within the meaning of the Motor Accidents Compensation Act 1999 (the
"MAC Act" ).
(2) Section 8 of the MAC Act does not apply to the use of a trial vehicle that is subject to approved arrangements within the meaning of section 148P of this Act and section 39(3) of the MAC Act does not prevent the Nominal Defendant from recovering an amount under any such approved arrangements.
(3) Part 2.3 of the MAC Act does not apply to an insurance premium for a third-party policy for a trial vehicle (within the meaning of Part 5.6 of this Act) and the premium is instead to be the premium agreed between the licensed insurer (within the meaning of the MAC Act) and the approved person (within the meaning of Part 5.6 of this Act).
A reference in section 148S to the Minister administering the Motor Accident Injuries Act 2017 is, if the administration of that Act has not been allocated to a Minister, taken to be a reference to the Minister administering the Motor Accidents Compensation Act 1999 .
In this Part--
"amending Act" means the Road Transport Amendment (Driver Licence
Disqualification) Act 2017 .
A reference in a provision inserted or amended by the amending Act to a first, second or subsequent offence includes a reference to a first, second or subsequent offence committed before the commencement of the amending Act.
A reference in Division 3A of Part 7.4, as inserted by the amending Act, to the relevant offence-free period includes a reference to a period occurring before the commencement of that Division.
(1) A disqualification from holding a driver licence imposed under Division 3 of Part 7.4 before the repeal of that Division by the amending Act does not cease to have effect because of the repeal of that Division.
(2) Despite the repeal of Division 3 of Part 7.4, the power of a court under that Division (as in force immediately before its repeal) to quash a declaration of a person as an habitual traffic offender may continue to be exercised by a court despite its repeal.
(2A) In particular, section 220, as in force immediately before its repeal by the amending Act, continues to apply with the following modifications--(a) a person who was declared to be a habitual traffic offender by operation of section 217 (as in force immediately before its repeal by the amending Act) may, on or after the repeal of section 220, apply to the Local Court for the declaration to be quashed, even if the Local Court was not the court that convicted the person of the relevant offence,(b) the Local Court may determine the application to quash the person's habitual traffic offender declaration, as if section 220 had not been repealed, even if the Local Court was not the court that convicted the person of the relevant offence.
(3) Despite the repeal of section 208(2) by the amending Act, Division 2 of Part 7.4 continues not to apply in respect of a person who continues to be subject to a disqualification from holding a driver licence by the operation of this clause.
(1) Any light vehicle that was a statutory written-off vehicle for the purposes of Part 4.5 of this Act immediately before its amendment by the amending Act is taken to be a statutory written-off light vehicle for the purposes of Part 4.5 of this Act (as amended).
(2) Any vehicle that was a former written-off vehicle for the purposes of Part 4.5 of this Act immediately before its amendment by the amending Act is taken to be a former written-off light vehicle for the purposes of Part 4.5 of this Act (as amended).
(3) A vehicle that is recorded on the NSW written-off light vehicles register under Part 4.5 of this Act as a former written-off light vehicle may also be referred to as a repairable written-off light vehicle.
(4) In this clause--
"amending Act" means the Road Transport and Related Legislation Amendment Act 2017 .
Section 221A, as amended by the Justice Legislation Amendment Act (No 3) 2018 , extends to an application under Division 3A of Part 7.4 made to the Local Court before the commencement of the amendment to that section but not finally determined immediately before that commencement.
(1) A
"previous offence" , within the meaning of section 9, extends to an offence committed before the commencement of the amendments to section 9 made by the amending Act.
(2) Section 41A applies in relation to notices given before the commencement of the section if, immediately before the commencement--(a) the period of suspension has not commenced, or(b) the licence ineligibility has not taken effect.
(3) A period during which a driver licence is suspended under an immediate licence suspension notice is to be taken into account under section 59(4B) even if it occurred before the commencement of that subsection.
(4) Section 200(4) extends to an offence against the road transport legislation committed before the commencement of the subsection.
(5) Section 202 applies only in relation to an offence committed after the commencement of the section.
(6) The authority of the holder of a foreign driver licence to drive in this jurisdiction may be suspended under section 223A even if some or all of the demerit points were for an offence for which the penalty notice was issued before the commencement of the section.
(7) In this clause,
"amending Act" means the Road Transport Legislation Amendment Act 2020 .
Section 69, as substituted by the Road Transport Legislation Amendment Act 2021 , extends to a device, plate or document fraudulently obtained before the substitution.
The power of an authorised officer under section 169B to require a person to give the officer information extends to information about a charge, fee or tax incurred or paid before the commencement of that section.