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HEAVY VEHICLE NATIONAL LAW ACT 2012 - SECT 50

Declaratory regulation-making power for general savings and transitional provision

50 Declaratory regulation-making power for general savings and transitional provision

(1) A regulation (a
"declaratory regulation" ) may make provision of a declaratory nature, as provided for in subsection (2), in relation to the operation of the general savings and transitional provision.
(2) A declaratory regulation may in relation to a particular thing done under the former legislation before the commencement—
(a) declare that the general savings and transitional provision applies to it; or
(b) declare how the general savings and transitional provision applies to it.
(3) A declaratory regulation has effect according to its terms.
(4) The operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the declaratory regulation.
(5) The transitional regulation-making power as provided for in division 3 does not apply to a declaratory regulation lawfully made under this section even if, apart from this section, the declaratory regulation could be made as a transitional regulation.
(6) A declaratory regulation may not have retrospective operation.
(7) If a declaratory regulation commences after the commencement, it does not affect the operation of the general savings and transitional provision in a way that disadvantages a person by—
(a) decreasing the person’s rights; or
(b) imposing liabilities on the person.
(8) A declaratory regulation must declare it is a declaratory regulation.



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