Part 12Transitional matters

Part 12 — Transitional matters 66. Transport Co‑ordination Ministerial Body (1) In relation to the functions that the former body corporate had for the purposes of the *Transport Co‑ordination Act 1966* before section 39 of this Act came into operation, the Transport Co‑ordination Ministerial Body established by section 6 of that Act as inserted by section 39 of this Act is a continuation of, and the same legal person as, the former body corporate. (2) In this section — former body corporate means the body corporate that was, before section 39 of this Act came into operation, constituted by the Minister under the *Transport Co‑ordination Act 1966* section 7. 67. Agreements under former *Transport Co‑ordination Act 1966* section 15C (1) To the extent that, immediately before the commencement of this Act, an agreement under the former section 15C made provision about the performance of functions of the former Director General under a relevant Act, the agreement continues, when this Act comes into operation, as an agreement under the new provision of the relevant Act. (2) To the extent that the agreement continues under subsection (1), it applies as if — (a) instead of being made by the Minister referred to in the former section 15C, the agreement had been made by the Director General referred to in the new provision of the relevant Act; and (b) instead of providing for the performance of functions of the former Director General, the agreement made similar provision for the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act. former Director General means the Director General of Transport under the *Transport Co‑ordination Act 1966* section 8 as in force before it was repealed by this Act; former section 15C means the *Transport Co‑ordination Act 1966* section 15C as in force before it was repealed by this Act; new provision means — (a) the *Control of Vehicles (Off‑road Areas) Act 1978* section 4B; (b) the *Motor Vehicle Drivers Instructors Act 1963* section 4A; (c) the *Motor Vehicle (Third Party Insurance) Act 1943* section 3QA; or (d) the *Road Traffic Act 1974* section 6B; relevant Act means — (a) the *Control of Vehicles (Off‑road Areas) Act 1978*; (b) the *Motor Vehicle Drivers Instructors Act 1963*; (c) the *Motor Vehicle (Third Party Insurance) Act 1943*; or (d) the *Road Traffic Act 1974*. 68. Delegations under former *Transport Co‑ordination Act 1966* section 18 (1) To the extent that, immediately before the commencement of this Act, a delegation under the former section 18 applied to the performance of functions or powers of the former Director General under a relevant Act, the delegation continues, when this Act comes into operation, as a delegation under the new provision of the relevant Act. (2) To the extent that the delegation continues under subsection (1), it applies as if — (a) instead of being made by the former Director General, the delegation had been made by the Director General referred to in the new provision of the relevant Act; (b) instead of delegating the performance of functions of the former Director General, the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act were delegated; and (c) any Ministerial approval that would have been required in order for the delegation to be made under the new provision of the relevant Act had been given. former Director General means the Director General of Transport under the *Transport Co‑ordination Act 1966* section 8 as in force before it was repealed by this Act; former section 18 means the *Transport Co‑ordination Act 1966* section 18 as in force before it was amended by this Act; new provision means — (a) the *Control of Vehicles (Off‑road Areas) Act 1978* section 4A; (b) the *Motor Vehicle Drivers Instructors Act 1963* section 4; (c) the *Motor Vehicle (Third Party Insurance) Act 1943* section 3QB; (d) the *Rail Safety Act 1998* section 57A; (e) the *Road Traffic Act 1974* section 6A; or (f) the *Transport Co‑ordination Act 1966* section 18; relevant Act means — (a) the *Control of Vehicles (Off‑road Areas) Act 1978*; (b) the *Motor Vehicle Drivers Instructors Act 1963*; (c) the *Motor Vehicle (Third Party Insurance) Act 1943*; (d) the *Rail Safety Act 1998*; (e) the *Road Traffic Act 1974*; or (f) the *Transport Co‑ordination Act 1966*. 69. Regulations about transitional matters (1) If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under an Act amended by this Act may include any provision that is required, or is necessary or convenient, for dealing with the transitional matter. (2) In subsection (1) — transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation. (3) Regulations including a provision described in subsection (1) may be expressed to have effect before the day on which they are published in the *Gazette*. (4) To the extent that a regulation including a provision described in subsection (1) may have effect before the day of its publication in the *Gazette*, it does not — (a) affect in a manner prejudicial to any person (other than the State or an agency of the State), the rights of that person existing before the day of its publication; or (b) impose liabilities on any person (other than the State or an agency of the State) in respect of anything done or omitted to be done before the day of its publication. 12 The *Public Transport Authority Act 2003* Pt. 7 Div. 1, 5, and 6 deal with transitional matters to do with the transfer to the Public Transport Authority of metropolitan passenger transport functions that the Transport Coordination Ministerial Body previously had under the *Transport Co‑ordination Act 1966* Pt. II Div. 4. 13 The amendment in the *Statutes (Repeals and Minor Amendments) Act 2003* s. 121(3) is not included because the section it sought to amend had been replaced by *Machinery of Government (Planning and Infrastructure) Amendment Act 2002* s. 47 before the amendment purported to come into operation. 14 The *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 5, the *State Administrative Tribunal Act 2004* s. 167 and 169, and the *State Administrative Tribunal Regulations 2004* r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act. 15 The amendment in the *Acts Amendment (Financial Administration and Audit) Act 1985* s. 3 was deleted by the *Acts Amendment (Financial Administration and Audit) Act 1986* s. 3(a) before the amendment purported to come into operation. 16 The amendment in the *Bulk Handling Repeal Act 2000* s. 16 is not included because the Act was repealed by the *Statute Law Revision Act 2006* s. 3(1) before the amendment purported to come into operation. 17 The amendment in the *Labour Relations Reform Act 2002* s. 27 is not included because the section it sought to amend had been replaced by the *Machinery of Government (Planning and Infrastructure) Amendment Act 2002* s. 42 before the amendment purported to come into operation. 18 The *Statutes (Repeals and Minor Amendments) Act 2003* s. 121(3) is not included because the section it sought to amend had been replaced by the *Machinery of Government (Planning and Infrastructure) Amendment Act 2002* s. 47 before the amendment purported to come into operation. 19 The amendment in the *Courts Legislation Amendment and Repeal Act 2004* Sch. 2 cl. 50 was repealed by the *Criminal Law and Evidence Amendment Act 2008* s. 77(13) before the amendment purported to come into operation. 20 The amendments in the *Taxi Drivers Licensing Act 2014* Pt. 10 Div. 3 and 6 are not included because the Act was repealed by the *Transport (Road Passenger Services) Act 2018* s. 304 before it purported to come into operation Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** appointed day 42C(6) authorised person 42A, 58A(1), 58B(3) body 7A(1) commercial goods vehicle 4(1) Department 4(1) Director General 4(1) employing authority 8(2) facilities 15C(4) farm First Sch. ferry 4(1) goods 4(1) gross weight 4(1) licence 4(1) local government 15D(1) manage 15C(4) master 47A(1) Ministerial Body 4(1) motor vehicle 58B(3) officer 4(1) operate 4(1) owner 4(1), 58B(3) passenger transport vehicle 15D(1) permit 4(1) port 47A(1) prime contractor 42A provide 15C(4) public authority 8(2) public vehicle 4(1) railway 4(1) railway station First Sch. road 4(1) Schedule 4(1) section 4(1) service 42A services 42A ship 47A(1) sub-contractor 42A to license 4(1) transport service 4(1) vehicle 4(1)