Part 3Transitional provisions for Road Transport Reform Act 1999#

186Definitions for pt 3#

In this part—

relocated provision
means a provision of the Traffic Act that is relocated to this Act by the Road Transport Reform Act.
Road Transport Reform Act
means the Road Transport Reform Act 1999.
Traffic Act
means the Traffic Act 1949.

187Relocation of Traffic Act provisions#

  1. (1)To remove any doubt, it is declared that the relocated provisions were not re-enacted by the Road Transport Reform Act, but merely moved (without re-enactment) to this Act.
  2. (2)Without limiting subsection (1) and to further remove any doubt, it is also declared that the relocation did not—
  3. (a)impliedly repeal or amend, or otherwise affect the operation of, the existing provisions of this Act, the relocated provisions or the provisions of any other law; or
  4. (b)affect the meaning or effect that the existing or relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted.
  5. (3)However, definitions in this Act apply to all provisions of this Act.
  6. (4)Further, it is declared that anything made or done or not made or done under a relocated provision before it is relocated is taken, after it is relocated, to have been made or done or not made or done under the provision as relocated.
  7. (5)In an Act or document, a reference to a provision of the Traffic Act that is relocated to this Act by the Road Transport Reform Act may, if the context permits, be taken to be a reference to the relocated provision in this Act.

188Person’s traffic history#

From the commencement of this section—

  1. (a)a person’s traffic history is not affected by the relocation and renumbering of provisions from the Traffic Act to this Act by the Road Transport Reform Act; and
  2. (b)anything done or not done, including any conviction recorded, under a relocated provision, before it is relocated, is taken, after it is relocated, to have been done or not done under the provision as relocated.

189Licence references#

  1. (1)In this Act, a reference to—
  2. (a)a learner licence includes a reference to a learner’s permit issued under the Traffic Act; and
  3. (b)a probationary licence includes a reference to a provisional licence issued, under the Traffic Act, after a period of disqualification from holding or obtaining a driver’s licence; and
  4. (c)a restricted licence includes a reference to a provisional licence issued to give effect to a court order made under section 20A of the Traffic Act; and
  5. (d)a provisional licence includes a reference to a provisional licence issued under the Traffic Act, other than a provisional licence mentioned in paragraph (b) or (c); and
  6. (e)an open licence includes a reference to an open licence issued under the Traffic Act.
  7. (2)A reference in a document to a learner’s permit, whether made before or after the commencement of this section, includes a reference to a learner licence for the purposes of this Act.
  8. (3)A reference in a document to a provisional licence, whether made before or after the commencement of this section—
  9. (a)for a provisional licence issued to a person after a period of disqualification from holding or obtaining a driver licence—includes a reference to a probationary licence for the purposes of this Act; or
  10. (b)for a provisional licence issued to a person to give effect to a court order made under section 20A of the Traffic Act—includes a reference to a restricted licence for the purposes of this Act.
  11. (4)A reference in a document to a driver’s licence, whether made before or after the commencement of this section, includes a reference to a driver licence for the purposes of this Act.

190Traffic Regulation 1962#

The Traffic Regulation 1962 continues in force after the repeal of the Traffic Act as if it had been made under this Act.

191Acts or authorities under Traffic Act continue under this Act#

  1. (1)This section applies to an appointment, approval, certificate, decision, delegation, direction, exemption, licence, notice, notification, order, permit, registration or other act or authority (the act or authority) that—
  2. (a)was granted, issued, made and published, given or done under the Traffic Act; and
  3. (b)was in force immediately before 1 December 1999.
  4. (2)The act or authority continues in force as if granted, issued, made and published, given or done under this Act until the time when it would have expired under the Traffic Act.

192Fees#

All fees prescribed under the Traffic Act to be paid are, from 1 December 1999, prescribed under this Act and continue to be payable as prescribed.

193Application of Acts Interpretation Act, s 20#

The Acts Interpretation Act 1954, section 20 applies to—

  1. (a)the amendment of the Traffic Act 1949 by the relocation of provisions to this Act; and
  2. (b)the repeal of the Traffic Act 1949.

194Wheeled recreational devices and wheeled toys#

  1. (1)To remove doubt, it is declared that a wheeled recreational device, pedal car, scooter, tricycle or similar toy is, and always has been, a vehicle within the meaning of the definition vehicle in schedule 4.
  2. (2)Subsection (1) is not effective to impose criminal liability retrospectively.
Source: TORUM Act 1995 · pages 457–460 Open PDF at this page Search this document