Part 8Repeal and transitional provisions#

Division 1Repeal#

148Repeal#

The Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005, SL No. 187 is repealed.

Division 2Transitional provisions for Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015#

Subdivision 1Preliminary#

149Definitions for div 2#

In this division—

corresponding provision
for a previous provision, means a provision of this regulation that is substantially the same as the previous provision.
O type licence
see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010, schedule 9.
previous provision
means a provision of the repealed regulation.
relevant condition
for an accreditation, approval or registration mentioned in section 154(1), 161(1), 165(1) or 167(1), means a condition that— (a) was imposed by the chief executive on the accreditation, approval or registration under the repealed regulation; and (b) on the commencement is not substantially the same as a statutory condition for the accreditation, approval or registration.
repealed regulation
means the repealed Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005, as in force from time to time before the commencement.

Subdivision 2#

Subdivision 2Particular existing applications#

150Existing applications for relevant approvals#

  1. (1)This section applies if—
  2. (a)before the commencement—
  3. (i)the chief executive received a relevant application; or
  4. (ii)a person was taken to be an applicant for an approval under part 4B of the repealed regulation; and
  5. (b)immediately before the commencement, the chief executive had not decided the application.
  6. (2)The application is taken to have been made under this regulation.
  7. (3)In this section—
relevant application
means an application for—
  1. (a)an appointment, or renewal of an appointment, as an accredited person under part 2 or 3 of the repealed regulation, other than as a driver trainer, pilot vehicle driver or an escort vehicle driver;
  2. (b)registration, or renewal of registration, as a registered service provider under part 4 of the repealed regulation;
  3. (c)an AIS approval, or renewal of an AIS approval, under part 4A of the repealed regulation;
  4. (d)approval as a nominee under section 100B of the repealed regulation;
  5. (e)a special event permit under part 5, division 2 of the repealed regulation;
  6. (f)a special circumstances permit under part 5, division 3 of the repealed regulation;
  7. (g)a permit under section 107C of the repealed regulation.

151Existing application for appointment as driver trainer#

  1. (1)This section applies if—
  2. (a)the chief executive received an application for appointment, or renewal of an appointment, as a driver trainer under the repealed regulation; and
  3. (b)immediately before the commencement, the chief executive had not decided the application.
  4. (2)The application is taken to have been made under this regulation.
  5. (3)Without limiting section 27, for section 21 of the Act the applicant has the necessary expertise to be appointed as a driver trainer if the applicant—
  6. (a)holds, and has held for at least 1 year, an O type licence authorising the applicant to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the applicant proposes to give training; and
  7. (b)satisfies section 27(c).

152Existing application for appointment as pilot vehicle driver#

  1. (1)This section applies if—
  2. (a)the chief executive received an application for appointment, or renewal of an appointment, as a pilot vehicle driver under the repealed regulation; and
  3. (b)immediately before the commencement, the chief executive had not decided the application.
  4. (2)The application is taken to have been made under this regulation.
  5. (3)Without limiting section 43, for section 21 of the Act the applicant has the necessary expertise to be appointed as a pilot vehicle driver if the applicant—
  1. (a)holds, and has held for a total period of at least 3 years during the 5 years before the day of the application—
  2. (i)a valid provisional licence for a car; or
  3. (ii)a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and
  4. (b)satisfies section 43(b).

153Existing application for appointment as escort vehicle driver#

  1. (1)This section applies if—
  2. (a)the chief executive received an application for appointment, or renewal of an appointment, as an escort vehicle driver under the repealed regulation; and
  3. (b)immediately before the commencement, the chief executive had not decided the application.
  4. (2)The application is taken to have been made under this regulation.
  5. (3)Without limiting section 47(1), for section 21 of the Act the applicant has the necessary expertise to be appointed as an escort vehicle driver if the applicant satisfies section 22(1) of the repealed regulation.

Subdivision 3#

Subdivision 3Accreditations#

154Existing accreditations#

  1. (1)This section applies to an accreditation—
  2. (a)either—
  3. (i)granted under part 2 or 3 of the repealed regulation; or
  1. (ii)continued under section 117 of the repealed regulation; and
  2. (b)in force immediately before the commencement.
  3. (2)The accreditation—
  4. (a)is taken to be an accreditation granted under part 2; and
  5. (b)if the accreditation was subject to a relevant condition immediately before the commencement—continues in force subject to the relevant condition.
  6. (3)Subsection (2)(b) does not limit section 9.

155Necessary expertise for renewal of appointment as driver trainer#

  1. (1)This section applies to a person—
  2. (a)whose appointment as a driver trainer continues under section 154; and
  3. (b)who, within 1 year after the commencement, makes the person's first application for renewal of the person's appointment.
  4. (2)Without limiting section 27, for section 21 of the Act the person has the necessary expertise to be appointed as a driver trainer if—
  5. (a)the person—
  6. (i)holds an O type licence granted other than in Australia or New Zealand authorising the person to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the person proposes to give training; and
  7. (ii)on the day the application is made, has held the licence mentioned in paragraph (a) for a continuous period of at least 1 year; and

156Necessary expertise for renewal of appointment as pilot vehicle driver#

This section applies to a person—

  • (a) whose appointment as a pilot vehicle driver continues under section 154; and
  • (b) who, within 3 years after the commencement, applies for renewal of the person's appointment.

Without limiting section 43, for section 21 of the Act the person has the necessary expertise to be appointed as a pilot vehicle driver if the person—

  • (a) holds, and has held for a total period of at least 3 years during the 5 years before the day of the application—
  • (i) a valid provisional licence for a car; or
  • (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and
  • (b) satisfies section 43(b).

157Necessary expertise for renewal of appointment as escort vehicle driver#

This section applies to a person—

  • (a) whose appointment as an escort vehicle driver continues under section 154; and
  • (b) who, within 3 years after the commencement, applies for renewal of the person's appointment.

Without limiting section 47(1), for section 21 of the Act the person has the necessary expertise to be appointed as an escort vehicle driver if the person—

  • (a) holds, and has held for a total period of at least 3 years during the 5 years before the day of the application—
  • (i) a valid provisional licence for a car; or
  • (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and
  • (b) satisfies section 47(1)(b).

158Approved competency test or training course#

This section applies if—

  • (a) the chief executive approved—
  • (i) a competency test under section 19(1)(b)(i) of the repealed regulation; or
  • (ii) a training course under section 19(1)(b)(ii), 25(2) or 27(1)(a) of the repealed regulation; and
  • (b) the approval (the original approval) is in force under the repealed regulation immediately before the commencement.

A competency test mentioned in subsection (1)(a)(i) is taken to be approved under section 20(1)(a) as an approved assessment for section 43(b)(ii).

A training course mentioned in subsection (1)(a)(ii) is taken to be approved under section 20(1)(c) as an approved training course for the following provisions—

  • (a) if the training course was approved under section 19(1)(b)(ii) of the repealed regulation—section 43(b)(i); or
  • (b) if the training course was approved under 25(2) of the repealed regulation—section 24(2)(a); or
  • (c) if the training course was approved under 27(1)(a) of the repealed regulation—section 52(1)(a).

A competency test or a training course taken to be approved under subsection (2) or (3) is subject to the same conditions as applied to the original approval immediately before the commencement.

159Return of accreditation documents#

This section applies if a person returned the person's accreditation document to the chief executive under section 13(2) or 52(2) of the repealed regulation—

  • (a) before the commencement; and
  • (b) because the accreditation had been suspended.

The chief executive must return the accreditation document to the person at the end of the suspension term.

160Codes of conduct#

This section applies to a code of conduct—

  • (a) made under section 58 of the repealed regulation; and
  • (b) in force immediately before the commencement.

The code of conduct continues in force as a code of conduct made under section 19(1)(a).

Subdivision 4Registration as registered service provider#

161Existing registration as registered service provider#

Subsection (2) applies to a registration as a registered service provider—

  • (a) granted under part 4 of the repealed regulation; and
  • (b) in force immediately before the commencement.

The registration—

  • (a) is taken to have been granted under part 3; and
  • (b) if the registration was subject to a relevant condition immediately before the commencement—continues in force subject to the condition.

Subsection (2)(b) does not limit section 76.

162Nominated persons for registered service providers#

This section applies to a person who, immediately before the commencement, was—

  • (a) a nominated person for a registered service provider under section 86 of the repealed regulation; or
  • (b) authorised, under section 124 of the repealed regulation, to sign a competency declaration for a registered service provider as if the person were a nominated person.

The person is taken to be a nominated person for section 86 until the nomination is discontinued by the registered service provider or the nominated person.

163Registered service provider standards#

This section applies to registered service provider standards—

  • (a) made under section 95 of the repealed regulation; and
  • (b) in force immediately before the commencement.

The standards are taken to be registered service provider standards made under this regulation.

164Competency standards#

This section applies to competency standards—

  • (a) made under section 96 the repealed regulation; and

Subdivision 5AIS approvals#

165Existing AIS approvals#

  1. (1)This section applies to an AIS approval—
  2. (a)granted under part 4A of the repealed regulation; and
  3. (b)in force immediately before the commencement.
  4. (2)The approval—
  5. (a)is taken to have been granted under part 3; and
  6. (b)if the approval was subject to a relevant condition immediately before the commencement—continues in force subject to the relevant condition.
  7. (3)Subsection (2)(b) does not limit section 76.

166Nominees#

  1. (1)This section applies to a person who, immediately before the commencement—
  2. (a)was approved as a nominee for the holder of an AIS approval under section 100B of the repealed regulation; or
  3. (b)was taken, under section 128 of the repealed regulation, to be an approved nominee for the holder of an AIS approval.
  4. (2)The person is taken to be a nominee for the holder of the AIS approval under this regulation.

Subdivision 6Approved interlock providers#

167Approved interlock providers#

  1. (1)This section applies to an approval of a person as an approved interlock provider—
  2. (a)granted under part 4B of the repealed regulation; and
  3. (b)in force immediately before the commencement.
  4. (2)The approval—
  5. (a)is taken to have been granted under part 4 of this regulation; and
  6. (b)if the approval was subject to a relevant condition immediately before the commencement—continues in force subject to the condition.
  7. (3)Subsection (2)(b) does not limit section 117.

Subdivision 7Special event permits and special circumstances permits#

168Special event permits#

  1. (1)This section applies to a special event permit—
  2. (a)issued under part 5, division 2 of the repealed regulation; and
  3. (b)in force immediately before the commencement.
  4. (2)The permit—
  5. (a)is taken to have been issued under part 5, division 2 of this regulation; and
  6. (b)continues according to its terms.

169Special circumstances permits#

  1. (1)This section applies to a special circumstances permit—
  2. (a)issued under part 5, division 3 of the repealed regulation; and
  3. (b)in force immediately before the commencement.
  4. (2)The permit—
  5. (a)is taken to have been issued under part 5, division 3 of this regulation; and
  6. (b)continues according to its terms.

Subdivision 8Permits for protection of roads and structures#

170Permits for protection of roads and structures#

  1. (1)This section applies to a permit—
  2. (a)either—
  3. (i)issued under part 5A of the repealed regulation; or
  4. (ii)continued in force under section 132 of the repealed regulation; and
  5. (b)in force immediately before the commencement.
  6. (2)The permit—
  7. (a)is taken to have been issued under part 6 of this regulation; and
  8. (b)continues according to its terms.

Subdivision 9Other provisions#

171Competency recommendation notice and competency declaration#

  1. (1)A competency recommendation notice given to a registered service provider under section 55 of the repealed regulation—
  2. (a)is taken to be a competency recommendation notice given to the provider under section 38; and
  3. (b)continues according to its terms.
  4. (2)A competency declaration given to a person under section 86 of the repealed regulation—
  5. (a)is taken to be a competency declaration given to the person under section 86; and
  6. (b)continues according to its terms.

172Obligation to do thing indefinitely or within or for stated period#

  1. (1)This section applies if—
  2. (a)before the commencement, a person was, under a previous provision, required to do something—
  3. (i)within, or for, a stated period that, immediately before the commencement, had not expired; or
  4. (ii)for an indefinite period; and
  5. (b)if the requirement was to do the thing within a stated period—immediately before the commencement, the thing had not been done; and
  6. (c)the context permits.
  7. (2)A corresponding provision for the previous provision applies to the doing of the thing as if the corresponding provision had been in force when the stated period or indefinite period started.

173References to repealed regulation#

  1. (a)a reference to the repealed regulation may be taken to be a reference to this regulation; and a reference to a previous provision may be taken to be a reference to the corresponding provision for the previous provision.

Division 3#

Transitional provisions for Transport Operations (Road Use Management— Accreditation and Other Provisions) (AIS approvals) Amendment Regulation 2024#

174Continuation of non-renewable AE accreditation#

  1. (1)This section applies to an accreditation as an approved examiner under the repealed Transport Operations (Road Use Management) Regulation 1995, part 4A that—
  2. (a)was continued under the repealed Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005, section 117; and
  3. (b)under section 154(2), was taken to be an accreditation granted under part 2.
  4. (2)Despite section 154(2), section 10 does not apply, and is taken never to have applied, to the accreditation.

175Training requirement for holder of existing accreditation—Act, s 18#

  1. (1)This section applies to the holder of an accreditation, in effect immediately before the commencement, for performing the function of an approved examiner for a type of vehicle.
  2. (2)However, this section does not apply in relation to an accreditation mentioned in section 174.
  3. (3)The holder of the accreditation must successfully complete any relevant AE training course for the type of vehicle within the completion period for the training course.
  1. (4)For section 18(1)(s) of the Act, the holder of the accreditation contravening subsection (3) is prescribed as a ground for suspending or cancelling the accreditation.
  2. (5)This section applies to the holder of the accreditation in relation to a requirement under subsection (3) until—
  3. (a)if the chief executive gives the holder a notice under section 19(1) of the Act to suspend or cancel the accreditation on the ground the requirement has been contravened—
  4. (i)if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with;
  5. (ii)otherwise—the end of the day the procedure under section 19 of the Act is finished; or
  6. (b)if paragraph (a) does not apply—the first of the following happens—
  7. (i)the accreditation is renewed;
  8. (ii)the accreditation stops having effect.

176Training requirement for holder of existing AIS approval—Act, s 18#

  1. (1)This section applies to the holder of an AIS approval that was in effect immediately before the commencement.
  2. (2)If the holder of the AIS approval is required to have a nominee under section 99, the holder must ensure the nominee successfully completes any training course approved for a nominee under section 106A within the completion period for the training course.
  3. (3)If the holder of the AIS approval is an individual who is not required to have a nominee under section 99, the holder must successfully complete any training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.
  1. (4)For section 18(1)(s) of the Act, the holder of the AIS approval contravening subsection (2) or (3) is prescribed as a ground for suspending or cancelling the approval.
  2. (5)This section applies to the holder of the AIS approval in relation to a requirement under subsection (2) or (3) until—
  3. (a)if the chief executive gives the holder a notice under section 19(1) of the Act to suspend or cancel the approval on the ground the requirement has been contravened—
  4. (i)if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with;
  5. (ii)otherwise—the end of the day the procedure under section 19 of the Act is finished; or
  6. (b)if paragraph (a) does not apply—the first of the following happens—
  7. (i)the approval is renewed;
  8. (ii)the approval stops having effect.

Division 4#

Transitional provision for Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Act 2026#

177End of transitional period for formerly compliant power-assisted bicycles and personal mobility devices#

For the Act, section 245(3), definition transitional period, the day prescribed for the end of the transitional period is 28 February 2027.

Source: TORUM Accreditation Regulation 2015 · pages 101–117 Open PDF at this page Search this document