Part 4Savings and transitional provisions

Part 4—Savings and transitional provisions Division 2—Provisions relating to section 748 of Heavy Vehicle National Law 32—Definitions for this Division commencement means the commencement of this Division; general savings and transitional provision means section 748 of the Heavy Vehicle National Law (South Australia); Road Traffic Act means the Road Traffic Act 1961. 33—Operation of general savings and transitional provision This Division does not affect the operation of the general savings and transitional provision except to the extent expressly provided for. 34—Offences (1) To remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of section 16 of the Acts Interpretation Act 1915 in relation to any offence committed or suspected to have been committed under the Road Traffic Act before the commencement of this Division. (2) Without limiting subsection (1)— (a) the general savings and transitional provision does not affect the exercise, after the commencement, of powers under the Road Traffic Act, as in force immediately before the commencement, in relation to any offence committed or suspected to have been committed before the commencement; and (b) the Road Traffic Act, as in force immediately before the commencement, continues to have effect in relation to all matters arising in the investigation of the offence and the enforcement of the Act in relation to the offence. 35—Approvals and exemptions It is declared that, for the purposes of the general savings and transitional provision, sections 117, 122, 138 and 143 of the Heavy Vehicle National Law (South Australia) correspond to sections 161A and 163AA of the Road Traffic Act. 36—Seizing of evidence (1) The general savings and transitional provision does not apply to the seizing of anything under the Road Traffic Act before the commencement. (2) The Road Traffic Act, as in force immediately before the commencement, continues to apply in relation to anything seized as mentioned in subsection (1). 37—Declaratory regulation making power for general savings and transitional provision (1) A regulation may make provision of a declaratory nature (a declaratory regulation), as provided for in subsection (2), in relation to the operation of the general savings and transitional provision. (2) A declaratory regulation may, in relation to a particular thing done under the former legislation before the commencement— (a) declare that the general savings and transitional provision applies to it; or (b) declare how the general savings and transitional provision applies to it; or (c) declare that the general savings and transitional provision does not apply to it, and provide how the thing must otherwise be dealt with. (3) A declaratory regulation has effect according to its terms. (4) The operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the regulation. (5) The transitional regulation making power as provided for in section 39 does not apply to a declaratory regulation lawfully made under this section even if, in the absence of this section, the declaratory regulation should be made as a transitional regulation. (6) A declaratory regulation may not have retrospective operation. (7) However, a declaratory regulation may affect the operation of the general savings and transitional provision from when or after the regulation commences if the regulation does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (8) A declaratory regulation must declare that it is a declaratory regulation. former legislation means— (a) the Motor Vehicles Act 1959; or (b) the Road Traffic Act 1961. Division 3—Interpretative provision 38—References in documents to repealed or amended provisions (1) This section applies to a document if— (a) there is a reference in the document to a provision (the affected provision) of the Road Traffic Act 1961 or the Motor Vehicles Act 1959 as in force before the commencement of this section; and (b) the affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Heavy Vehicle National Law (South Australia). (2) The reference may, if the context permits, be taken to be a reference to a provision of the Heavy Vehicle National Law (South Australia) corresponding to the affected provision. document does not include an Act. Division 4—Savings and transitional provisions—general 39—Saving and transitional provisions—general (1) The Governor may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made as a result of the enactment of this Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from a date not earlier than the day on which this Act receives Royal Assent; and (b) be of limited or general application; and (c) leave any matter or thing to be decided by a specified person or class of person. (3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act) or in any statutory instrument. Schedule—Heavy Vehicle National Law