Schedule 3 Savings and transitional provisions
(Section 34)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
Road Transport (Vehicle Registration) Amendment Act 1998
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges) Act 2009
Road Transport Legislation Amendment (Unauthorised Vehicle Use) Act 2010
Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Act 2010
(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.
Part 2 Provisions consequent on enactment of this Act
In this Part:existing label means a registration label (or renewal of a registration label) issued under the Motor Traffic Regulations 1935 that was in force immediately before the commencement of Schedule 1 [1] to this Act.
existing plate means a number-plate issued under the Motor Traffic Regulations 1935 that was in force immediately before the commencement of Schedule 1 [1] to this Act.
existing registered vehicle means an existing registrable vehicle that was registered under the Traffic Act 1909 immediately before the commencement of Schedule 1 [1] to this Act.
existing registrable vehicle means a vehicle within the meaning of the Traffic Act 1909, as in force immediately before the commencement of Schedule 1 [1] to this Act, that belongs to a class of vehicles that could have been registered under that Act as in force at that time.
existing registration means the registration of an existing registrable vehicle under the Traffic Act 1909 that was still in force immediately before the commencement of Schedule 1 [1] to this Act.
existing unregistered vehicle permit means a permit issued by the Authority under Regulation 53A of the Motor Traffic Regulations 1935 that was in force immediately before the commencement of Schedule 1 [1] to this Act.
unexpired registration period of an existing registered vehicle means the portion of the period for which the vehicle was registered under the Traffic Act 1909 that had not expired immediately before the commencement of Schedule 1 [1] to this Act.
(1) An existing registered vehicle is taken to be registered under this Act.(2) The period of registration for any such vehicle is taken to be the unexpired registration period of the vehicle.(3) Accordingly:(a) any existing labels or existing plates of the vehicle are taken to be labels and plates issued by the Authority under this Act, and(b) any fees or charges owing to the Authority under the Traffic Act 1909 in respect of an existing registration immediately before the commencement of Schedule 1 [1] to this Act are taken to be owing to the Authority under this Act, and(c) any fees or charges paid under the Traffic Act 1909 in relation to an existing registered vehicle before the commencement of Schedule 1 [1] to this Act may be refunded under this Act in accordance with the regulations referred to in section 15 (2) (e).(4) Despite subclause (3), the regulations may make provision for or with respect to the continuation under this Act of existing plates issued under Regulation 5B of the Motor Traffic Regulations 1935.
4 Existing unregistered vehicle permits
(1) An existing unregistered vehicle permit is taken:(a) to be an unregistered vehicle permit that has been issued by the Authority under this Act for the period of the existing unregistered vehicle permit that remains unexpired immediately before the commencement of Schedule 1 [1] to this Act, and(b) to be subject to same conditions to which it was subject immediately before that commencement.(2) Any fees or charges owing to the Authority under the Traffic Act 1909 in respect of an existing unregistered vehicle permit immediately before the commencement of Schedule 1 [1] to this Act are taken to be owing to the Authority under this Act.(3) Any fee or charge paid under the Traffic Act 1909 in respect of an existing unregistered vehicle permit before the commencement of Schedule 1 [1] to this Act may be refunded under this Act in accordance with the regulations referred to in section 15 (2) (e).
5 Reference to trader’s plates
Any reference (however expressed) in any other Act or instrument made under any Act or any other instrument of any kind to a trader’s plate issued under the Traffic Act 1909 (or the regulations made under that Act) is taken to be a reference to a trader’s plate within the meaning of this Act.
6 References to registration under Traffic Act 1909
(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 Traffic Act 1909 (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 prescribed provisions.
7 Seizures under section 24 of Traffic Act 1909
Section 24 of the Traffic Act 1909, as in force immediately before its repeal by this Act, continues to apply to any existing registrable vehicle seized under that section before that repeal as if this Act had not been enacted.
8 Offences under Traffic Act 1909
(1) The Traffic Act 1909 as in force immediately before the commencement of a relevant item applies 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 1 to this Act that amends a provision of the Traffic Act 1909 that contains an offence.
relevant offence means an offence under the Traffic Act 1909 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.
10 Certain existing authorities and delegations deemed to be delegations under Act
Any person who, immediately before the commencement of Part 2 of this Act, was:(a) authorised by or under the Traffic Act 1909 (as in force immediately before that commencement) to carry out any function of the Authority in relation to the registration of vehicles, 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 12 of this Act in respect of any corresponding function of the Authority under this Act or the regulations.
Part 3 Provisions consequent on enactment of Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges) Act 2009
In this Part:amending Act means the Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges) Act 2009.
corresponding provision of this Act or the regulations, in relation to any provision of the repealed charges legislation, means any provision of this Act or the regulations that corresponds (or substantially corresponds) to the provision of the repealed charges legislation.
repeal day means the day on which the repealed charges legislation is repealed by the amending Act.
repealed Act means the Road Transport (Heavy Vehicles Registration Charges) Act 1995.
repealed charges legislation means:
(a) the repealed Act, and(b) the Road Transport (Heavy Vehicles Registration Charges) Regulation 2006.
12 Charges and administration fees paid or payable under repealed charges legislation
(1) Any applicable registration charges or administration fees under the repealed charges legislation that were paid in respect of a registration or renewal of registration of a chargeable heavy vehicle before the repeal day for a registration period ending after that day are taken on and from the repeal day to be registration charges or administrative fees paid under Part 2A of this Act for the vehicle for the unexpired balance of the registration period.(2) Any registration charges or administrative fees payable under the repealed charges legislation immediately before the repeal day in respect of the registration or renewal of registration of a chargeable heavy vehicle continue to be payable on and from the repeal day 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 day for a registration period ending after that day are taken to be registration charges or administrative fees paid under Part 2A of this Act for the vehicle for the unexpired balance of the registration period.
13 Payment of charges and fees collected under repealed charges legislation into Consolidated Fund
(1) Any registration charges or administrative fees payable under the repealed charges legislation that are paid on or after the repeal day are to be paid into the Consolidated Fund. However, section 17S of this Act extends to any such charges or fees as if they were charges or fees paid under Part 2A of this Act.(2) Section 37 of the repealed Act, as in force immediately before the repeal day, continues to apply on and from the repeal day in respect of charges or fees paid under that Act before the repeal day.
14 Existing refund rights not affected
Nothing in this Part affects any right to a refund arising under the repealed charges legislation (whether before or after the repeal day).
15 Orders to pay additional penalty in relation to certain offences under repealed Act
Sections 13 (2), 19 (2) and 20 (3) of the repealed Act continue to apply on and from the repeal day in relation to offences committed before the repeal day.
16 Existing authorised officers
Any person who was an authorised officer for the purposes of the repealed Act immediately before the repeal day is taken on and from that day to be authorised to be an appropriate officer for the purposes of Part 2A of this Act until such time as the person ceases to be so authorised under Part 2A of this Act.
17 References to repealed Act and this Act
(1) In any other Act or in any instrument made under another Act (and except as provided by subclauses (2) and (3)):(a) subject to paragraph (b), a reference to the repealed Act is to be read on and from the repeal day as a reference to Part 2A of this Act, and(b) a reference to a provision of the repealed Act is to be read on and from the repeal day as a reference to the corresponding provision (if any) of this Act or the regulations.(2) Subclause (1) does not apply to the following:(a) references to the repealed Act in the Motor Vehicles Taxation Act 1988,(b) such other references to the repealed Act in an Act, or an instrument made under an Act, as may be prescribed by the regulations.(3) A reference to this Act (or to Part 2A of this Act) in any of the following provisions is to be read on and from the repeal day as including a reference to the repealed Act:(a) section 5 (1) (e), and the definition of road transport legislation in section 187 (7), of the Road Transport (General) Act 2005,(b) sections 78 (1) (b) (i) and 106 (2) of the Transport Administration Act 1988,(c) sections 7 (1) (c), 8 (1) (g) and 27 (5) (b) of this Act,(d) clauses 14 (3) and 41 (1) (c) of the Road Transport (Vehicle Registration) Regulation 2007,(e) such other provisions of Acts, or instruments made under Acts, as may be prescribed by the regulations.
(1) Subject to this Part and the regulations, anything done under or for the purposes of a provision of the repealed charges legislation is, to the extent that the thing is in force or has effect immediately before the repeal day, taken on and from the repeal day to have been done under or for the purposes of the corresponding provision (if any) of this Act or the regulations.(2) Without limiting subclause (1), any exemption, approval, direction, request or certificate given or made under the repealed charges legislation that is continued in force or effect by subclause (1) may be repealed, revoked or replaced in accordance with this Act and the regulations.
Part 4 Provisions consequent on enactment of Road Transport Legislation Amendment (Unauthorised Vehicle Use) Act 2010
In this Part:amending Act means the Road Transport Legislation Amendment (Unauthorised Vehicle Use) Act 2010.
Section 22C, as inserted by the amending Act, applies in relation to unauthorised vehicle use offences (within the meaning of that section) committed, or alleged to have been committed, after the commencement of that section.
21 Existing Register continues to have effect
The Register of Registrable Vehicles maintained by the Authority under this Act immediately before the commencement of Schedule 1 [5] to the amending Act continues to be the Register of Registrable Vehicles for the purposes of this Act (as amended by the amending Act).
Part 5 Provisions consequent on enactment of Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Act 2010
In this Part:commencement day means the day on which Part 2AA of this Act commences.
23 Keeping of register of written-off vehicles
(1) The register kept under section 255 of the Road Transport (General) Act 2005 immediately before the commencement day is taken to be the register required to be kept under section 16B of this Act.(2) As soon as practicable after the commencement day, the Authority must record on the register as statutory written-off vehicles all vehicles that, immediately before that time, were recorded as having the status of being wrecked.(3) A vehicle that, immediately before the commencement day, is registered and is recorded on the register of written-off vehicles as a repairable written-off vehicle is, for the purposes of Part 2AA of this Act, taken to be a former written-off vehicle.
24 Existing repairable written-off vehicles may be registered without authorisation to repair or certificate of compliance
(1) A vehicle is not required to be the subject of an authorisation to repair under section 16C (2) if the vehicle was recorded on the register of written-off vehicles as a repairable written-off vehicle on the commencement day and the vehicle is registered within 2 years after that day. Any such vehicle may, during that 2-year period, be recorded on the register of written-off vehicles as a repairable written-off vehicle.(2) An application to register a vehicle that was recorded on the register of written-off vehicles as a repairable written-off vehicle on the commencement day is not required to be accompanied by a certificate of compliance under section 16C (2) in relation to the vehicle if the application is lodged with the Authority within 6 months after the commencement day.
25 Former written-off vehicles may be referred to as repairable written-off vehicles
A vehicle that is recorded on the register of written-off vehicles under Part 2AA of this Act as a former written-off vehicle may also be referred to as a repairable written-off vehicle.