SCHEDULE 1 - Savings and transitional

Section 28

1.    Interpretation

In this Schedule –

commencement day means 1 January 2002;

Commission means the Transport Commission established under the Transport Act 1981 ;

former legislation means the Traffic Act 1925 as in force immediately before the commencement day;

new legislation means the Principal Act as amended by this Act;

permit means a special permit or a general permit;

Registrar means the Registrar of Motor Vehicles.

2.    Special permits

(1) Subject to subclause (2) , a special permit which was in force under the former legislation immediately before the commencement day is taken to be a special permit issued under the new legislation and remains in force for the balance of the period for which it was issued or for 12 months after the commencement day, whichever is the earlier.

(2) A special permit which was in force immediately before the commencement day may be varied, suspended or cancelled in accordance with the new legislation.

3.    General permits

A general permit which was in force under the former legislation immediately before the commencement day is taken to be an exemption by notice published in the Gazette under the new legislation and remains in force for the balance of the period for which it was issued or for 6 months after the commencement day, whichever is the earlier.

4.    Permits generally

(1) Any condition or provision of a permit remains in force, subject to the new legislation, as if it were a condition imposed under the new legislation.

(2) A reference in a permit to any provision under the former legislation is to be taken to be a reference to the corresponding provision under the new legislation.

(3) A requirement that a driver is to carry, and produce on demand, a permit issued under the former legislation is taken to be a condition of the permit issued under the new legislation.

5.    Applications

Any application received before the commencement day but not dealt with until after that day will be dealt with, subject to any inconsistencies, under the new legislation.

6.    Preservation of administrative decisions and acts

(1) Any administrative act done or decision made before the commencement day is effective (so far as relevant and applicable) subject to, and for the purposes of, the corresponding provisions of the new legislation.

(2) Any administrative act or administrative proceeding commenced (but not completed) under the former legislation may be continued and completed (so far as relevant and applicable) subject to, and for the purposes of, the new legislation.

7.    Exemptions under vehicle operations regulations not exhaustive

(1) In this clause,

provision means a provision of an enactment or of any subordinate legislation made under an enactment.

(2) Nothing in section 40B(3)(a) or (b) of the Principal Act as inserted by this Act is to be taken as preventing or limiting the operation of any other provision that may, whether directly or indirectly and whether exclusively or in association with other kinds of authorisations, have the effect of enabling the Commission, the Registrar or another person to authorise the use of a vehicle or combination on a public street contrary to any provision relating to vehicle operations or to otherwise exempt a person, vehicle or combination from any such provision.

(3) Subclause (2) has effect whether or not any regulations under section 40B(3)(a) or (b) of the Principal Act as inserted by this Act are made and whether or not any regulations so made are in force.

8.    Evidentiary certificates

If a certificate or other document was issued under the former legislation, and evidentiary value was assigned to the certificate or other document by that legislation, the certificate or document continues in force for the purposes of the corresponding provisions of the new legislation as if it were an evidentiary certificate issued under the new legislation.