New South Wales Consolidated Acts

GRAFFITI CONTROL ACT 2008 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 21)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that 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

2 Graffiti removal work by local councils

(1) Anything done by a local council under section 67A or 67B of the Local Government Act 1993 is, to the extent that it had effect immediately before the repeal of those sections by this Act, taken to have been done and to have effect under Part 4 of this Act.

(2) A register of graffiti removal work kept in accordance with section 67C of the Local Government Act 1993 (as in force immediately before its repeal by this Act) is taken to be a register of graffiti removal work kept in accordance with section 13 of this Act.

Part 3 - Provisions consequent on enactment of Graffiti Control Amendment Act 2009

3 Application of amendments

(1) An amendment made to this Act by the Graffiti Control Amendment Act 2009 that increases the penalty for an offence against this Act applies in respect of an offence committed on or after the commencement of the amendment.

(2) A community clean up order may be made under Part 3A, as inserted by the Graffiti Control Amendment Act 2009 , in respect of a graffiti offence only if it is committed on or after the commencement of that Part.

Part 4 - Provision consequent on enactment of Graffiti Legislation Amendment Act 2012

4 Application of amendments

An amendment made to this Act by the Graffiti Legislation Amendment Act 2012 that provides for the making of a driver licence order in respect of an offence under this Act applies in respect of an offence committed after the commencement of the amendment.