Part 15Transitional provisions for Transport and Other Legislation Amendment Act 2010#

221Declaration for s 66(3)(k)#

  1. (1)This section applies to—
  2. (a)a local law relating to the regulation of vehicle access to a public place that is a local government controlled area made before the commencement; and
  3. (b)any enforcement action taken in reliance on the local law before the commencement.
  4. (2)To remove any doubt, it is declared that—
  5. (a)the local law is as valid, and is taken always to have been as valid, as if it were made after the commencement; and
  6. (b)the enforcement action is as valid, and is taken always to have been as valid, as if it were taken after the commencement.
  7. (3)In this section—
commencement
commencement means the commencement of section 66(3)(k).

222Transitional provisions relating to photographic detection devices#

  1. (1)Subsections (2) and (3) apply if a complaint or summons was issued for a camera-detected offence before the commencement.
  2. (2)It is immaterial whether the complaint or summons was served before or after the commencement.
  3. (3)Chapter 5, part 7, division 2 and sections 124 and 124A as in force before the commencement continue to apply in relation to the offence (including a proceeding for the offence) as if the Transport and Other Legislation Amendment Act 2010, chapter 2, part 5 had not commenced.
  4. (4)Subsection (3) does not limit subsection (5).
  5. (5)A certificate under section 120(2A) has effect, as mentioned in the subsection—
  6. (a)even if the certificate relates to the testing of a photographic detection device that happened before the commencement; and
  7. (b)irrespective of whether—
  8. (i)the offence for which the certificate is used was allegedly committed before or after the commencement; or
  9. (ii)the complaint or summons issued for the offence was issued before or after the commencement.
  10. (6)In this section—
camera-detected offence
camera-detected offence see section 113.
commencement
commencement means commencement of this section.
Source: TORUM Act 1995 · pages 472–473 Open PDF at this page Search this document