Heavy Vehicle National Law (NSW)
30Exercise of powers between enactment and commencement
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30 Exercise of powers between enactment and commencement
30 Exercise of powers between enactment and commencement
(1) If a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—
(a) to make an appointment; or
(b) to make a statutory instrument of a legislative or administrative character; or
(c) to do another thing;
then—
(d) the power may be exercised; and
(e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;
before the empowering provision commences.
(2) If a provision of a Queensland Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—
(a) to make an appointment; or
(b) to make a statutory instrument of a legislative or administrative character; or
(c) to do another thing;
then—
(d) the power may be exercised; and
(e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;
before the empowering provision commences.
(3) If—
(a) this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power); and
(b) a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power);
then—
(c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and
(d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (2).