103ZTransitional provision 2009 Act—Section 83A certificates

103Z Transitional provision 2009 Act—Section 83A certificates (1) In relation to a certificate issued under section 83A before the commencement of section 30 of the 2009 Act— (a) in respect of a detection device then prescribed for the purposes of section 66; and (b) in respect of any proceeding under this Act to which subsection (2) does not apply— section 83A, as in force before that commencement is taken to continue to apply. (2) In relation to a certificate issued under section 83A before the commencement of section 30 of the 2009 Act— (a) in respect of a detection device then prescribed for the purposes of section 66; and (b) in respect of any proceeding under this Act in which evidence is being adduced under section 80; and (c) where the proceeding relates to any indication or determination by the device— where the case so requires, a reference in the certificate to a device prescribed for the purposes of section 66 (or to that effect) is taken to be a reference to a prescribed road safety camera. (3) In relation to a certificate issued under section 83A on or after the commencement of section 30 of the 2009 Act— (a) in respect of a device described in the certificate as a prescribed road safety camera; and (b) in respect of an indication or determination by the device that occurred before that commencement— where the case so requires, the certificate has effect as if it were issued in respect of the device as a device prescribed for the purposes of section 66, within the meaning of the Act as in force before that commencement. S. 103ZA inserted by No. 30/2010 s. 92. 103ZA Transitional provision—Justice Legislation Amendment Act 2010 The amendments to section 29 of this Act made by section 91 of the **Justice Legislation Amendment Act 2010** apply to orders of disqualification, cancellation, suspension or variation made on or after the commencement of section 91 of that Act. S. 103ZB inserted by No. 29/2010 s. 69. 103ZB Transitional provision—Health and Human Services Legislation Amendment Act 2010 An approval granted by the Secretary to the Department of Human Services under section 49A and existing immediately before the commencement of section 69 of the **Health and Human Services Legislation Amendment Act** **2010** is taken in respect of any period after that commencement to have been granted by the Secretary to the Department of Health. S. 103ZC inserted by No. 76/2010 s. 39. 103ZC Transitional provision—Road Safety Amendment (Hoon Driving) Act 2010 (1) Part 6A as amended by Part 2 of the **Road Safety Amendment (Hoon Driving) Act 2010** applies to relevant offences alleged to have been committed on or after the commencement of Part 2 of that Act. (2) Subject to subsection (3), Part 6A as in force immediately before the commencement of Part 2 of the **Road Safety Amendment (Hoon Driving) Act 2010** continues to apply to a relevant offence alleged to have been committed before the commencement of Part 2 of that Act. (3) For the purposes of sections 84S(1) and 84T(1), in determining whether a driver has committed previous relevant offences, a relevant offence committed before the commencement of Part 2 of the **Road Safety Amendment (Hoon Driving) Act 2010** is to be taken to be a tier 2 relevant offence. (4) For the purposes of subsections (1), (2) and (3), if a relevant offence is alleged to have been committed between two dates, one before and one after the commencement of Part 2 of the **Road Safety Amendment (Hoon Driving) Act 2010**, the offence is alleged to have been committed before the commencement of Part 2 of that Act. S. 103ZD inserted by No. 32/2011 s. 20 (as amended by No. 43/2012 s. 3(Sch. item 45.1)). 103ZD Transitional provision—Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 (1) Sections 84S, 84T and 84U as amended by section 12 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011** apply to— (a) previous relevant offences committed on or after the commencement of section 12 of that Act; and (b) previous relevant offences committed before the commencement of section 12 of that Act if the most recent relevant offence is alleged to have been committed on or after the commencement of section 12 of that Act. (2) For the purposes of subsection (1), if a relevant offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 12 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011**, the relevant offence is alleged to have been committed before the commencement of section 12 of that Act. (3) Section 84TA as inserted by section 13 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011** applies to an impoundment or immobilisation order or a forfeiture order made on or after the commencement of section 13 of that Act, irrespective of when the offence is alleged to have been committed. (4) Section 84WA as inserted by section 14 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011** applies to a notice under section 84W(1) served on or after the commencement of section 14 of that Act, irrespective of when the offence is alleged to have been committed. (5) Section 84ZQB as inserted by section 15 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011** applies to a notice under section 84ZQA(1) given on or after the commencement of section 15 of that Act, irrespective of when the offence is alleged to have been committed. (6) Section 84ZQC as inserted by section 15 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011** applies to the vesting of a motor vehicle under section 84ZQ(4) on or after the commencement of section 15 of that Act, irrespective of when the offence is alleged to have been committed. (7) Section 84ZUA as inserted by section 16 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011** applies to a notice under section 84ZU(1) given on or after the commencement of section 16 of that Act, irrespective of when the offence is alleged to have been committed. (8) Section 84ZWA as inserted by section 17 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011** applies to a disposal order made on or after the commencement of section 17 of that Act, irrespective of when the offence is alleged to have been committed. (9) Section 84ZY as inserted by section 18 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011** applies to any motor vehicle that is subject to impoundment, immobilisation or forfeiture on or after the commencement of section 18 of that Act, irrespective of when impoundment, immobilisation or forfeiture occurred. (10) Section 89D(1A) as amended by section 19 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011** applies to a drug‑driving infringement alleged to have been committed on or after the commencement of section 19 of that Act. (11) For the purposes of subsection (10), if a drug-driving infringement is alleged to have been committed between 2 dates, one before and one after the commencement of section 19 of the **Road Safety Amendment (Hoon Driving and Other Matters) Act 2011**, the drug-driving infringement is alleged to have been committed before the commencement of section 19 of that Act. S. 103ZE inserted by No. 50/2012 s. 27. 103ZE Transitional provision—Road Safety Amendment Act 2012 (1) Part 6AB as inserted by section 5 of the **Road Safety Amendment Act 2012** applies only to applicable offences alleged to have been committed on or after the commencement of section 5 of that Act. (2) For the purposes of subsection (1), if an applicable offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 5 of the **Road Safety Amendment Act 2012**, the applicable offence is alleged to have been committed before the commencement of section 5 of that Act. (3) Section 84ZQAB as inserted by section 20 of the **Road Safety Amendment Act 2012** applies only to motor vehicles that have been impounded or immobilised in relation to an applicable offence alleged to have been committed on or after the commencement of section 20 of that Act. (4) For the purposes of subsection (3), if an applicable offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 20 of the **Road Safety Amendment Act 2012**, the applicable offence is alleged to have been committed before the commencement of section 20 of that Act. S. 103ZF inserted by No. 45/2012 s. 4. 103ZF Transitional provision—Road Safety and Sentencing Acts Amendment Act 2012 Section 50AAA as amended by section 3 of the **Road Safety and Sentencing Acts Amendment Act 2012** applies to a direction to the Corporation given on or after the commencement of section 3 of that Act, irrespective of when the conviction, finding of guilt or taking effect as a conviction occurred. S. 103ZG inserted by No. 56/2013 s. 36. 103ZG Transitional provisions—Road Safety and Sentencing Acts Amendment Act 2013 (1) This Act as in force immediately before 30 September 2013 continues to apply with respect to applications made before that date— (a) under section 50(4) for an order as to the issue of a driver licence or learner permit; or (b) under section 50AAB(4) for an order to remove an alcohol interlock condition. (2) A person who— (a) has been disqualified under section 50 or 89C before 30 September 2013; and (b) under this Act as in force immediately before that date may only be granted a driver licence or learner permit on an order made by the Magistrates' Court on an application under section 50(4); and (c) wishes to apply for such an order on or after that date— may only do so by applying for a licence eligibility order in accordance with this Act as amended by the **Road Safety and Sentencing Acts Amendment Act 2013**. (3) Despite anything to the contrary in this Act, on an application for a licence eligibility order made by a person covered by subsection (2) the Magistrates' Court— (a) is not required to give an alcohol interlock condition direction if it would not have been required to give a direction before 30 September 2013 under section 50AAA as in force immediately before that date; and (b) does not have power to give such a direction if it would not have had power to give it before that date under that section 50AAA; and (c) may not specify in such a direction under section 50AAA a period longer than it could have specified before that date under section 50AAB as in force immediately before that date— had the application been made under section 50(4) before that date. (4) A person who— (a) has had an alcohol interlock condition imposed on his or her driver licence or learner permit in accordance with a direction under section 50AAA before 30 September 2013; and (b) under this Act as in force immediately before that date can only have that condition removed by the Corporation on an order made by the Magistrates' Court on an application under section 50AAB(4); and (c) wishes to apply for such an order on or after that date— may only do so by applying for an alcohol interlock condition removal order in accordance with this Act as amended by the **Road Safety and Sentencing Acts Amendment Act 2013**. (5) For the purposes of an application covered by subsection (4) the reference in section 50AAB(5)(b)(iii) to a licence eligibility report includes a reference to a licence restoration report within the meaning of this Act as in force immediately before 30 September 2013 if such a report was obtained before that date. (6) Section 50AAC, as in force immediately before 30 September 2013, continues to apply with respect to appeals made to the County Court in respect of a direction given under section 50AAA before that date, irrespective of whether the appeal is made before, on or after that date. (7) Section 48(2)(f), as substituted by section 5(1) of the **Road Safety and Sentencing Acts Amendment Act 2013** applies only in respect of an offence that is alleged to have been committed on or after 30 September 2013. (8) In section 50AAA(8), as inserted by section 6 of the **Road Safety and Sentencing Acts Amendment Act 2013**— (a) the reference to an alcohol interlock condition direction includes a reference to a direction given under section 50AAA(1A), (2), (2A), (3)(b) or (3A) of this Act, or section 89A(2), 89A(3)(b) or 89A(4) of the **Sentencing Act 1991**, as in force immediately before 30 September 2013; and (b) the reference to the periods specified in directions includes, in relation to a direction referred to in paragraph (a), the period specified under section 50AAB(1) of this Act, or section 89B(1) of the **Sentencing Act 1991**, as in force immediately before 30 September 2013. (9) Section 50AACA, as inserted by section 9 of the **Road Safety and Sentencing Acts Amendment Act 2013**, only applies with respect to an alcohol interlock condition removal order made on or after 30 September 2013. (10) A person or body approved under section 49A for the purposes of section 50 immediately before 30 September 2013 must be taken to be approved under section 49A for the purposes of sections 31C, 31E and 31G on and after that date subject to the same conditions, limitations or restrictions as are specified in the approval and for the same period as that during which the approval continues in force. (11) The amendment of this Act by section 16 of the **Road Safety and Sentencing Acts Amendment Act 2013** applies only in respect of an offence under section 18(1) of this Act that is alleged to have been committed on or after 30 September 2013. (12) For the purposes of subsections (7) and (11), if an offence is alleged to have been committed between two dates, one before and one on or after 30 September 2013, the offence is alleged to have been committed before that date. (13) In section 52(1B), as substituted by section 27(1) of the **Road Safety and Sentencing Acts Amendment Act 2013**— (a) the reference to an alcohol interlock condition includes a reference to an alcohol interlock condition imposed under section 89A of the **Sentencing Act 1991** before 30 September 2013; and (b) the reference to a licence eligibility order includes a reference to an order of the Magistrates' Court made on an application under section 50(4) of this Act or section 89(2) of the **Sentencing Act 1991** before 30 September 2013. 30 September 2013 is the date on which the **Road Safety and Sentencing Acts Amendment Act 2013** (other than Part 1, sections 19(1), 20, 21, 22, 33 and 38 and Divisions 3, 5 and 6 of Part 4) came into operation. S. 103ZG inserted by No. 30/2013 s. 60(Sch. item 8.20), renumbered as s. 103ZH by No. 74/2013 s. 34. 103ZH Transitional provision Heavy Vehicle National Law Application Act 2013