New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 758

758 Application of s 737 to a new penalty

(1) The repeal of an old penalty by the amendment Act repeals any increase, in force immediately before the repeal, in the amount of penalty applying under section 737.

(2) The enactment of a new penalty includes the enactment of an increase, to take effect immediately on the commencement of the new penalty, in the amount of penalty applying under section 737.

(3) For the purpose of applying section 737 under subsection (2) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if--

(a) the new penalty had commenced before 1 July 2014; and

(b) the amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.

(4) Before the commencement of the new penalties, the Regulator must publish on the Regulator's website the amounts of each penalty applying under subsections (2) and (3) and under section 737 on the commencement of the new penalties.

Note--: A list of all penalties to which section 737 applies must be published.

(5) In this section--

"amendment Act" means the Heavy Vehicle National Law Amendment Act 2015 (Queensland).

"old penalty" means a penalty amount stated in column 2 of the schedule to the amendment Act.

"new penalty" means a penalty amount stated--

(a) in column 3 of the schedule to the amendment Act; or

(b) at the end of a provision for an offence inserted by the amendment Act into this Law.