New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 748

748 General savings and transitional provision

(1) This section applies if a provision of this Law corresponds to a provision of the former legislation.

(2) Anything done under the provision of the former legislation before the commencement day has effect as if--

(a) this Law had been in force when the thing was done; and

(b) the thing had been done under this Law; and

(c) any reference to a person in, or in relation to, the provision were a reference to the nearest equivalent person under this Law; and

(d) any reference in, or in relation to, the provision to another provision of the former legislation were a reference to the corresponding provision of this Law; and

(e) any other adaptations necessary to enable the thing to be effective under this Law have been made;

and accordingly the thing is taken to have been done under this Law.

(3) Subsection (2) does not apply to the following--

(a) any appointment of a person as an authorised officer;

(b) any appointment of any other person who was employed by the department or body administering the former legislation;

(c) any prosecution of an offence that had not been completed immediately before the commencement day;

(d) any review or appeal, or anything related to a review or appeal, that was unresolved immediately before the commencement day;

(e) anything excluded from the operation of this section by the national regulations.

(4) Any prosecution, review or appeal referred to in subsection (3)(c) or (d) is to proceed as if the former legislation were still in force in the form it was in at the relevant time before the commencement day.

(5) On the final completion of any prosecution, review or appeal referred to in subsection (3)(c) or (d), it is to be treated as if it had occurred under this Law.

(6) The Regulator is not liable for anything the Regulator is taken to have done under this section that was done before the commencement day.

(7) Proceedings are not to be commenced by the Regulator for an offence arising from any action or inaction that was completed before the commencement day, but nothing in this section affects the commencement of proceedings by another person.

(8) The national regulations may provide for, and from commencement day could always provide for--

(a) the issue of mass or dimension authorities or HML declarations in replacement of instruments or authorisations preserved under subsection (2), without further procedural requirements under the Law; and

(b) the further preservation of anything not covered by the replacement.

(9) In this section--

"HML declarations" means HML declarations under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (NSW) >.