Schedule 2 Savings, transitional and other provisions
(Section 78)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
Road Transport Legislation Amendment Act 1999
Road Transport (Safety and Traffic Management) Amendment (Camera Devices) Act 1999
Road Transport (Safety and Traffic Management) Amendment (Blood Sampling) Act 2000
Road Transport (Safety and Traffic Management) Amendment (Alcohol) Act 2004, but only to the extent that it amends this Act
Road Transport Legislation Amendment (Public Transport Lanes) Act 2004, but only in relation to the amendments made to this Act
Road Transport Legislation Amendment (Drug Testing) Act 2006
Road Transport (Safety and Traffic Management) Amendment (Novice Drivers) Act 2007
Road Transport Legislation (Breath Testing and Analysis) Act 2007
Road Transport Legislation Amendment (Traffic Offence Detection) Act 2009
Road Transport Legislation Amendment (Miscellaneous Provisions) Act 2009, but only to the extent that it amends this Act
(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 and Road Transport Legislation Amendment Act 1999
2 Act subject to savings and transitional provisions in Schedule 2 to Road Transport (General) Act 1999
The provisions of this Act are subject to the provisions of Part 2 of Schedule 2 to the Road Transport (General) Act 1999.Note. Part 2 of Schedule 2 to the Road Transport (General) Act 1999 contains savings and transitional provisions consequent on the repeal of the Traffic Act 1909 by the Road Transport Legislation Amendment Act 1999 and the enactment of this Act and the Road Transport (General) Act 1999.
Part 3 Provisions consequent on enactment of Road Transport (Safety and Traffic Management) Amendment (Camera Devices) Act 1999
In this Part:amending Act means the Road Transport (Safety and Traffic Management) Amendment (Camera Devices) Act 1999.
4 Amendments not to apply to offences occurring before commencement of amendments
(1) Proceedings for offences committed, or alleged to have been committed, before the commencement of Schedule 1 to the amending Act are to be determined as if the amending Act had not been enacted.(2) Accordingly, the law (including any relevant provision of this Act) that would have been applicable to the proceedings had the amending Act not been enacted continues to apply to the proceedings as if the amending Act had not been enacted.
Part 4 Provisions consequent on enactment of Road Transport (Safety and Traffic Management) Amendment (Alcohol) Act 2004
In this Part:amending Act means the Road Transport (Safety and Traffic Management) Amendment (Alcohol) Act 2004.
6 Amendments not to apply to offences occurring before commencement of amendments
(1) Proceedings for offences committed, or alleged to have been committed, before the commencement of Schedule 1 to the amending Act are to be determined as if the amending Act had not been enacted.(2) Accordingly, the law (including any relevant provision of this Act) that would have been applicable to the proceedings had the amending Act not been enacted continues to apply to the proceedings as if the amending Act had not been enacted.
(1) The Minister is to review the amending Act to determine whether the policy objectives of the amending Act remain valid and whether the terms of the amending Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 4 years from the date of assent to the amending Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 4 years.
Part 5 Provisions consequent on enactment of Road Transport Legislation Amendment (Drug Testing) Act 2006
8 Review of Road Transport Legislation Amendment (Drug Testing) Act 2006
(1) The Minister is to review the Road Transport Legislation Amendment (Drug Testing) Act 2006 (the amending Act) to determine whether the policy objectives of the amending Act remain valid and whether the terms of the amending Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 12 months from the date of commencement of Division 3A or 4A of Part 2 of this Act (whichever is the earlier).(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 12 months referred to in subclause (2).
Part 6 Provisions consequent on enactment of Road Transport Legislation Amendment (Evidence) Act 2006
In this Part, amending Act means the Road Transport Legislation Amendment (Evidence) Act 2006.
10 Amendments not to apply to proceedings instituted before commencement of amendments
(1) An amendment made to this Act by the amending Act does not apply to proceedings for an offence that were instituted before the commencement of the amendment.(2) An amendment made to this Act by the amending Act applies to proceedings for an offence that are instituted on or after the commencement of the amendment even if the proceedings involve an offence that was committed before that commencement.
Part 7 Provisions consequent on enactment of Road Transport (Safety and Traffic Management) Amendment (Novice Drivers) Act 2007
In this Part:amending Act means the Road Transport (Safety and Traffic Management) Amendment (Novice Drivers) Act 2007.
12 Amendments not to apply to offences occurring before commencement of amendments
(1) Proceedings for offences committed, or alleged to have been committed, before the commencement of Schedule 1 to the amending Act are to be determined as if the amending Act had not been enacted.(2) Accordingly, the law (including any relevant provision of this Act) that would have been applicable to the proceedings had the amending Act not been enacted continues to apply to the proceedings as if the amending Act had not been enacted.
Part 8 Provisions consequent on enactment of Road Transport Legislation (Breath Testing and Analysis) Act 2007
In this Part:amended legislation means any Act or Regulation that is amended by the amending Act.
amending Act means the Road Transport Legislation (Breath Testing and Analysis) Act 2007.
14 Certificate evidence preserved
Any certificate issued under any amended legislation before that legislation was amended by the amending Act that states the concentration of alcohol in a person’s blood continues to be as effectual as it was before the legislation’s amendment (including for the purposes of evidence in any proceedings).
15 Approval of certain breath measuring devices
(1) Any instrument or other device that was a duly approved breath analysing instrument or breath testing device for the purposes of any amended legislation immediately before the legislation was amended by the amending Act continues to be a duly approved instrument or device for the purposes of the legislation as amended.(2) An instrument that measures the concentration of alcohol present in a person’s breath by reference to grammes of alcohol in a volume of breath (instead of grammes of alcohol in a volume of blood) may be approved for the purposes of the definition of breath analysing instrument in clause 1 of the Dictionary during the pre-commencement period as if Schedule 1 [16] to the amending Act had commenced.(3) A device that measures the concentration of alcohol present in a person’s breath by reference to grammes of alcohol in a volume of breath (instead of grammes of alcohol in a volume of blood) may be approved for the purposes of the definition of breath test in clause 1 of the Dictionary during the pre-commencement period as if Schedule 1 [16] to the amending Act had commenced.(4) Any approval given as provided by subclause (2) or (3) during the pre-commencement period is taken to have effect for the purposes of this Act on and from the commencement of Schedule 1 [16] to the amending Act as if it had been approved on that commencement.(5) In this clause:pre-commencement period means the period commencing on the the date of assent to the amending Act and ending at the end of the day immediately before the day on which Schedule 1 [16] to that Act commences.
Part 9 Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2008
In this Part, amending Act means the Statute Law (Miscellaneous Provisions) Act (No 2) 2008.
17 Previously approved camera detection devices
A camera detection device that was a duly approved camera detection device immediately before the commencement of the amendments to this Act made by the amending Act continues to be a duly approved camera detection device for the purposes of this Act as amended.
18 Certificate evidence preserved
Any certificate issued under section 57 before the commencement of the amendments to this Act made by the amending Act continues to be as effectual as it was before that commencement (including for the purposes of evidence in any proceedings).
Part 10 Provisions consequent on enactment of Road Transport Legislation Amendment (Traffic Offence Detection) Act 2009
In this Part:amending Act means the Road Transport Legislation Amendment (Traffic Offence Detection) Act 2009.
20 Certificate evidence preserved
Any certificate issued under section 57 before the amendment of that section by the amending Act continues to be as effectual as it was before the commencement of that amendment (including for the purposes of any evidence in any proceedings).
21 Approval of approved detection devices for multiple uses
Section 57C (as inserted by the amending Act) extends to a device that was an approved device for the purposes of a device approval provision (within the meaning of that section) immediately before the commencement of that section.