Savings and transitional provisions
Schedule 2 Savings and transitional provisions
Section 79
1. Interpretation In this Schedule –
commencement day means the day on which this Act commences;
former Act means the Dangerous Substances (Safe Handling) Act 2005.
commencement day means the day on which this Act commences;
commencement day
former Act means the Dangerous Substances (Safe Handling) Act 2005.
former Act
2. Authorised officer appointments If a State Service officer or State Service employee employed in the Department was appointed as an authorised officer under section 55 of the former Act and, immediately before the commencement day, holds that office –
that officer or employee is taken to have been appointed by the Secretary as an authorised officer under section 31 of this Act in respect of the term for which he or she was appointed under the former Act; and
an identity card issued to the authorised officer under the former Act is taken to have been issued to the authorised officer under section 33 of this Act.
3. Directions by authorised officers
If a direction was given by an authorised officer under the former Act, and before the commencement day –
the direction continues in effect, according to its terms, as if the former Act had not been repealed.
the action specified in the direction to be taken had not been taken; or
the direction had not been cancelled –
The provisions of the former Act continue to apply in relation to a direction referred to in subclause (1) until the direction has been complied with or has been cancelled.
4. Analysts If a person was authorised to perform analyses in relation to explosives under section 84 of the former Act, and immediately before the commencement day that person is so authorised, that person is taken to have been authorised by the Secretary to perform analyses under section 61 of this Act.
5. Review of decisions An application for a review relating to a decision made under the former Act may be lodged or continued under section 91 of the former Act after the commencement day, as if that Act had not been repealed.
6. Notification of adoption of codes, &c., by regulation The Minister is taken to have complied with section 77(1) of this Act in repect of codes, standards, guidelines, rules or other documents if those codes, standards, guidelines, rules or other documents have been notified under section 99(1) of the former Act.
7. Savings and transitional regulations
The Governor may make regulations of a savings and transitional nature consequent on the enactment of this Act.
Without limiting the generality of subclause (1), the regulations may provide for the termination or continuation of any registration, licence, permit, accreditation, approval, certificate, authority or any other right or entitlement existing under the former Act immediately before the commencement day.
Regulations made under subclause (1) may –
take effect on the commencement day or a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and
be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and
authorise any matter to be from time to time determined, applied or regulated by the Secretary or an authorised officer.
8. Application of Acts Interpretation Act 1931 Nothing in this section is to be taken as restricting the application of section 16 of the Acts Interpretation Act 1931 to an Act or regulation that is repealed or rescinded, or amended, by this Act.
This provision refers to the regulations (may make regulations
, the regulations may provide
, specified in the regulations
). Made under this Act:
- Explosives Regulations 2022
- Proclamation under the Explosives Act 2012 (SR 2012 No. 108) · Statutory Rule · under section 2
This Act’s bill:Explanatory notesSecond reading speech
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