Transitionals
43 Transitionals
If, immediately before the commencement day, a person holds the written consent of the Director under section 37 to provide non-emergency patient transport, however described – the person is taken, on and after the commencement day, to be the holder of an NEPT licence; and the written consent – is taken to be an NEPT licence, in the same terms as the written consent, for the purposes of this Act; and may be suspended or cancelled, or otherwise dealt with, in accordance with Part IIIA of this Act; and remains in force until the later of the following days:the day specified in the written consent as the day on which the written consent expires; the day 2 years from the commencement day.
A person is not guilty of an offence under section 39(1) if the person drives, operates or has charge of, or allows another person to drive, operate or have charge of, a vehicle that – immediately before the commencement day, was operated under a consent of the Director, under section 37, to provide non-emergency patient transport; and on or after the commencement day – is operated under an NEPT licence by the holder of the consent referred to in paragraph (a); and displays, as it did immediately before the commencement day, the word "ambulance" other than on the front of the vehicle.
For the avoidance of doubt, subsection (2) – ceases to apply to a vehicle once the vehicle ceases to be operated under an NEPT licence by the holder of the relevant consent referred to in subsection (2)(a); and does not apply to any vehicle purchased or leased after the commencement of the amending Act.
On and after the commencement day – a reference to the Director in any document that is in force immediately before that day is taken to be a reference to the Commissioner; and the document is to be construed, and have effect, accordingly.
In this section – amending Act means the Ambulance Service Amendment Act 2013; commencement day means the day on which the amending Act commences;Director means the Director of Ambulance Services holding office under this Act immediately before the commencement day.
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