Part 8Transitional provisions for Maritime and Other Legislation Amendment Act 2006#

204Transitional provision for ss 79B–79D#

(1)This section applies if, after the commencement of this section—
(a)a person is charged with an offence as mentioned in section 79B(1); and
(b)the act constituting the offence happened before the commencement.
(2)To remove any doubt, it is declared that sections 79B to 79D do not apply to the person in relation to the charge.

205Transitional provision for ss 90A–90D#

Sections 90A to 90D apply only in relation to an act happening after the commencement of this section that results in a person being charged with an offence.

Examples

Before the commencement of this section, D is disqualified for an offence under section 79(1). After the commencement and while still disqualified, D drives a motor vehicle while under the influence of liquor, is charged with an offence against section 79(1) and is convicted and again disqualified. Section 90B(3) does not apply to D in relation to the disqualifications. D commits an offence against section 79(2A) before the commencement of this section. After the commencement, a court convicts D of the offence and disqualifies him from holding or obtaining a driver licence for 4 months. While disqualified D commits a further offence against section 79(2A) and is again disqualified. Section 90B(3) does not apply to D in relation to the disqualifications. Before the commencement of this section, D does an act that results in D being disqualified. After the commencement and while still disqualified, D does an act that results in D committing offences against sections 78(1) and 79(1). A period of disqualification is imposed for each offence. The periods of disqualification are cumulative with each other but take effect concurrently with the period of disqualification that took effect before the commencement of this section.