Heavy Vehicle National Law (NSW)
750Amendment or cancellation of instruments carried over from former legislation
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750 Amendment or cancellation of instruments carried over from former legislation
750 Amendment or cancellation of instruments carried over from former legislation
(1) This section applies to any instrument—
(a) that is taken to have been made under this Law under section 748; and
(b) that applies to more than one person and that confers a benefit on at least one person; and
(c) that is of a class of instrument that is specified by the National Regulations for the purposes of this section.
(2) An amendment or cancellation of part of the instrument by implication does not affect the remainder of the instrument.
Example—
If an instrument relates to mass and fatigue exemptions, a notice cancelling only the fatigue exemptions will not cancel the mass exemptions. The mass exemptions, and their associated conditions, will continue in force until they are separately amended, or until they expire.
(3) Despite anything to the contrary in this Law, if the instrument is amended or cancelled and the amendment or cancellation has the effect of removing or reducing the benefit previously conferred on a person by the instrument, the person may continue to enjoy the benefit as if the amendment or cancellation had not occurred until the instrument would have expired had the amendment or cancellation not occurred.
(4) Despite anything to the contrary in this Law other than subsection (3), the Regulator may amend or cancel the instrument simply by publishing a public notice of the amendment or cancellation.
(5) The amendment or cancellation takes effect—
(a) 28 days after the Commonwealth Gazette notice is published under subsection (4); or
(b) if a later time is stated in the Commonwealth Gazette notice, at the later time.
(6) This section applies even to amendments and cancellations that occur by implication, and it is not necessary that the instrument being amended or cancelled be identified in the amending or cancelling notice.
s 750: Am 2018 No 18, sec 36.