New South Wales Consolidated Acts New South Wales Consolidated Acts
(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 on the NSW legislation website, 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.
In
this Part--
"existing licence holder" means a person who was, immediately before the
commencement of Part 2 of this Act--
(a) the holder of a licence under the Motor Dealers Act 1974 , or
(b) the holder of a licence or a tradesperson's certificate under the Motor Vehicle Repairs Act 1980 .
(1) Any act, matter or thing done or omitted to be done under a provision of a former Act and having any force or effect immediately before the commencement of a provision of this Act that replaces that provision is, on that commencement, taken to have been done or omitted under the provision of this Act.
(2) This clause does not apply--(a) to the extent that its application is inconsistent with any other provision of this Schedule or a provision of a regulation made under this Schedule, or(b) to the extent that its application would be inappropriate in a particular case.
Note : Among other things, this clause applies to existing undertakings and other actions relating to unjust conduct under the former Acts and also to persons for whom an administrator had been appointed under the 1974 Act.
(1) An existing licence holder who was, immediately before the commencement of Part 2 of this Act, the holder of--(a) a dealer's licence or a wholesaler's licence under the 1974 Act is taken to be the holder of a motor dealer's licence granted under this Act, or(b) an auto-dismantler's licence under the 1974 Act is taken to be the holder of a motor vehicle recycler's licence granted under this Act, or(c) a motor vehicle parts reconstructor's licence under the 1974 Act is taken to be the holder of a motor vehicle repairer's licence granted under this Act, or(d) a licence in respect of a class of repair work under the 1980 Act is, subject to the regulations, taken to be the holder of a motor vehicle repairer's licence, or(e) a tradesperson's certificate in respect of a class of repair work under the 1980 Act is, subject to the regulations, taken to be the holder of a tradesperson's certificate for that class of repair work granted under this Act.
(2) An existing licence that is, by operation of this clause, taken to be a licence under this Act is subject to the same conditions that applied to the licence immediately before the commencement of Part 2 of this Act and any such conditions may be varied or revoked as if they were imposed under this Act.
(3) Despite subclause (2), an existing licence that was a motor vehicle repairer's licence under the 1980 Act is not subject to any condition limiting the licence to a class or classes of repair work.
(4) An existing licence continued in force by this clause ceases to have effect on the day specified for the purposes of this clause by the regulations.
(5) The regulations may specify different days for the termination of different existing licences or classes of existing licences.
In any document, a reference--
(a) to a dealer's licence or a wholesaler's licence under the 1974 Act is taken to be a reference to a motor dealer's licence granted under this Act, or
(b) to an auto-dismantler's licence under the 1974 Act is taken to be a reference to a motor vehicle recycler's licence granted under this Act, or
(c) to a motor vehicle parts reconstructor's licence under the 1974 Act is taken to be a reference to a motor vehicle repairer's licence granted under this Act, or
(d) to a licence in respect of a class of repair work under the 1980 Act is, subject to the regulations, taken to be a reference to a motor vehicle repairer's licence for that class of repair work granted under this Act, or
(e) to a tradesperson's certificate in respect of a class of repair work under the 1980 Act is, subject to the regulations, taken to be a reference to a tradesperson's certificate for that class of repair work granted under this Act.
Any dispute being dealt with under a former Act immediately before the commencement of Division 2 of Part 5 of this Act is to continue to be dealt under that former Act as if that Act were in force.
(1) This clause applies to disciplinary proceedings under a former Act commenced against a person but not finally determined before the commencement of Part 3 of this Act.
(2) Disciplinary proceedings to which this clause applies are to continue to be determined as if the former Act continued to be in force.
(3) Without limiting any other action that may be taken, disciplinary action taken in such proceedings may be taken in relation to any licence held, or taken to be held, by the person concerned under this Act.
(4) Disciplinary proceedings are taken to have been commenced against a person for the purposes of this clause if a show cause notice had been issued to the person under the former Act.
(1) The Compensation Fund is a continuation of the following Funds under the former Acts--(a) the Motor Dealers Compensation Fund,(b) the Motor Vehicle Repair Industry Contingency Fund,(c) the Motor Vehicle Repair Industry Education and Research Fund,(d) the Motor Vehicle Repair Industry General Fund.
(2) Any amount payable to or from any of those Funds immediately before the commencement of this clause is payable instead to or from the Compensation Fund under this Act.
(3) Any payment under a former Act out of the Motor Dealers Compensation Fund or the Motor Vehicle Repair Industry Contingency Fund in settlement in whole or in part of a claim under the former Act is, for the purposes of this Act, taken to be a payment made out of the Compensation Fund under this Act in settlement in whole or in part of the claim concerned as if it were a claim under this Act.
Unless the context otherwise indicates or requires, a provision of this Act extends to any act or omission occurring before the commencement of the provision.
(1) A person who held office as an inspector under the 1980 Act immediately before the commencement of section 149 of this Act is taken to be an authorised officer appointed under that section.
(2) A person who held office as an authorised officer under the 1974 Act immediately before the commencement of section 149 of this Act is taken to be an authorised officer appointed under that section.
Part 6 of this Act applies to contracts in force immediately before the commencement of that Part and to any unjust conduct being carried out immediately before that commencement.
A reference in this Act--
(a) to a contravention of section 73 (1) or (3) of the Road Transport Act 2013 includes a reference to a contravention of section 22 (2) or (4) of the Road Transport (Vehicle Registration) Act 1997 , and
(b) to a contravention of section 98 of the Road Transport Act 2013 includes a reference to a contravention of section 16Q of the Road Transport (Vehicle Registration) Act 1997 .
This Part is subject to the regulations.
The amendment made to section 187 by the Statute Law (Miscellaneous Provisions) Act 2017 does not affect any delegation made under that section and in force immediately before the commencement of that amendment.
In this Part--
"continuing transitional certificate" --see clause 16 (2).
"existing licence holder" has the same meaning as it has in Part 2 of this
Schedule.
"renewed transitional certificate" --see clause 17 (2).
"transitional certificate" means a tradesperson's certificate that was taken,
by operation of clause 4 (1) (e), to be held under this Act by an existing
licence holder.
"1980 Act" has the same meaning as it has in Part 2 of this Schedule.
(1) This clause applies to a person if--(a) the person held a transitional certificate, and(b) the certificate expired (without previously being cancelled) before the commencement of this clause, and(c) the certificate was not renewed, purportedly renewed or restored before that commencement.
(2) A person to whom this clause applies is taken to have been granted a tradesperson's certificate under this Act from the day on which the person's transitional certificate ceased to have effect (a
"continuing transitional certificate" ).
(3) A continuing transitional certificate ceases to have effect--(a) in 2019 on the anniversary of the day on which the person's transitional certificate ceased to have effect, or(b) on any later day prescribed by the regulations.
(4) A continuing transitional certificate is subject to the following conditions and any such conditions may be revoked or varied as if they were imposed under this Act--(a) the same conditions to which the expired transitional certificate was subject immediately before it ceased to have effect,(b) any conditions prescribed by the regulations.
(5) If a person to whom this clause applies was taken to be a holder of a tradesperson's certificate to which clause 2 (2) of Schedule 4 to the Motor Dealers and Repairers Regulation 2014 applied, the person's continuing transitional certificate--(a) authorises the person to carry out repair work of the type that the person was authorised to carry out before the repeal of the 1980 Act, and(b) may be renewed or restored under this Act as if it were a tradesperson's certificate granted under this Act.
(6) To avoid doubt, a continuing transitional certificate may be suspended, cancelled, amended, renewed, restored or surrendered in the same way as a tradesperson's certificate granted under this Act.
(7) Anything done or omitted to be done by a person to whom this clause applies at any time before the commencement of this Part that would have been lawful if the person had held a continuing transitional certificate at the time concerned is taken to be (and always to have been) lawful.
(8) The Secretary may treat an application for renewal or restoration of a transitional certificate or a Category 1 continued certificate made before the commencement of this Part by a person to whom this clause applies, whether or not made within the time permitted, as an application for renewal of the person's continuing transitional certificate received in accordance with this Act.
(1) This clause applies to a transitional certificate that--(a) has expired (without previously being cancelled), and(b) was purportedly renewed under this Act by the Secretary before the commencement of this Part in circumstances where a renewal was not permissible under this Act.
(2) A transitional certificate to which this clause applies is taken to have been validly renewed (and always to have been validly renewed) from the day on which the transitional certificate ceased to have effect (a
"renewed transitional certificate" ).
(3) A renewed transitional certificate is subject to the following conditions and any such conditions may be varied or revoked as if they were imposed under this Act--(a) the same conditions as those purportedly imposed under this Act at the time of the purported renewal of the certificate,(b) any conditions prescribed by the regulations.
(4) If a person was taken to be a holder of a tradesperson's certificate to which clause 2 (2) of Schedule 4 to the Motor Dealers and Repairers Regulation 2014 applied, the person's renewed transitional certificate--(a) authorises the person to carry out repair work of the type that the person was authorised to carry out before the repeal of the 1980 Act, and(b) may be renewed or restored under this Act as if it were a tradesperson's certificate granted under this Act.
(5) To avoid doubt, a renewed transitional certificate may be suspended, cancelled, amended, renewed, restored or surrendered in the same way as a tradesperson's certificate granted under this Act.
(6) Anything done or omitted to be done by a person, who is taken to hold a renewed transitional certificate by the operation of subclause (2), at any time before the commencement of this Part that would have been lawful if the person had held a renewed transitional certificate at the time concerned is taken to be (and always to have been) lawful.
(7) The Secretary may treat an application for renewal or restoration of a transitional certificate or a Category 2 continued certificate made before the commencement of this Part by a person to whom this clause applies, whether or not made within the time permitted, as an application for renewal of the person's continuing transitional certificate received in accordance with this Act.
On the commencement of this Part, the following licences taken to have been granted on the commencement of the Motor Dealers and Repairers Amendment (Savings and Transitional and Other Matters) Regulation 2018 are taken to have been cancelled--
(a) Category 1 continued certificates,
(b) Category 2 continued certificates.
The specifying of dates for the terms of transitional certificates by the Secretary, purportedly done before the commencement of this Part in accordance with clause 7 (2) of Schedule 4 to the Motor Dealers and Repairers Regulation 2014 , is taken to be (and always to have been) validly done.
(1) This Part is subject to the regulations.
(2) Without limiting subclause (1), the regulations may--(a) make validation provisions for or with respect to transitional certificates, renewed transitional certificates or continuing transitional certificates, and(b) vary or revoke any conditions imposed under this Schedule.
In
this Part--
"amendment Act" means the Better Regulation and Customer Service Legislation
Amendment (Bushfire Relief) Act 2020 .
"relevant period" means the period--
(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of the amendment Act.
(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because--(a) the person was suffering financial hardship, or(b) special circumstances existed.
(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.
To remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to--
(a) a person who was suffering financial hardship--(i) during the relevant period, or(ii) because of events that happened during the relevant period, or
(b) special circumstances--(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.