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Traffic Act 1987
54Savings and transitional
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54 Savings and transitional
(1) In this section a reference to:
(a) the former Act is a reference to the Traffic Act 1987 as in force
immediately before the commencement of this Act; and
(b) the commencement of this Act is a reference to the
commencement of this Act other than sections 1 and 2.
(2) Notwithstanding the commencement of this Act, the provisions of
the former Act and the Regulations made under that Act shall apply
to and in relation to a prosecution or legal proceeding for an offence
against that Act which continues or is commenced after that
commencement as if this Act had not come into operation.
(3) Where, immediately before the commencement of this Act, a
person was an authorized analyst under the former Act, that person
shall, on the commencement of this Act, be deemed to be an
authorized analyst appointed under this Act.
(4) Where, immediately before the commencement of this Act, a
member of the Police Force was authorized under section 8M of the
former Act to use a prescribed instrument, that member shall, on
the commencement of this Act, be deemed to be authorized to use
a prescribed instrument under this Act.
(5) Where, before the commencement of this Act:
(a) a sign, signal, flag, notice, beacon or other device was
erected, placed or displayed; or
(b) a road marking on a carriageway or kerb was made,
for the purposes of the former Act, that sign, flag, notice, beacon,
device or road marking shall, on the commencement of this Act, be
deemed to be a traffic control device placed, erected or displayed
by the competent authority in accordance with, and for the
purposes of, this Act.
(6) Where, immediately before the commencement of this Act, an
apparatus was a traffic speed analyser approved under the former
Act, that apparatus shall, on the commencement of this Act, be
deemed to be a traffic infringement detection device approved
under this Act and a test required to be carried out on the apparatus
under the former Act shall be deemed to be a test carried out under
this Act until such time as a test is carried out, or is required to be
carried out, under this Act.
Traffic Act 1987 111
(7) Where, immediately before the commencement of this Act, a
person was approved under section 56AB(2) of the former Act as a
person qualified to test the accuracy of a traffic speed analyser, that
person shall, on the commencement of this Act, be deemed to be a
person qualified to test the accuracy of a traffic infringement
detection device appointed under this Act.
(8) Where, before the commencement of this Act, a person referred to
in section 55AA(1) of the former Act instituted an appeal to the
Supreme Court and that appeal has not been determined at the
time of the commencement of this Act, section 43 shall, on that
commencement, apply to and in relation to that appeal as if it were
an appeal against a conviction under this Act and the court in which
the order or conviction was made shall be deemed to be satisfied
an appeal has been duly instituted.