Savings and transitional provisions
Schedule 1 Savings and transitional provisions
Section 70
1. Interpretation In this Schedule –
commencement day means the day proclaimed under section 2(2);
new Act means the Passenger Transport Services Act 2011;
old Act means the Passenger Transport Act 1997;
old regulations means the Passenger Transport Regulations 2000;
subsisting means subsisting immediately before the commencement day.
commencement day means the day proclaimed under section 2(2);
commencement day
new Act means the Passenger Transport Services Act 2011;
new Act
old Act means the Passenger Transport Act 1997;
old Act
old regulations means the Passenger Transport Regulations 2000;
old regulations
subsisting means subsisting immediately before the commencement day.
subsisting
2. Accreditations
A subsisting accreditation under Part 2A of the old Act continues as an accreditation under Part 2 of the new Act subject to –
the subsisting conditions, if any, of the accreditation; and
any subsisting, unexpired, period of suspension; and
any subsisting imposition of probationary status.
For the purposes of subclause (1) –
the categories of service specified in the relevant subsisting accreditation certificate are taken to be subsisting conditions of the accreditation; and
the subsisting responsible officer is taken to be the responsible person for the accreditation; and
if the continuing accreditation is subject to a subsisting period of suspension, it is ineffective for the purposes of the new Act until the suspension is revoked or the period of suspension expires.
Any application to the Commission for accreditation under Part 2A of the old Act not determined by the commencement day may be treated and determined by the Commission as an application for accreditation under Part 2 of the new Act.
Any application to vary the conditions of a subsisting accreditation under Part 2A of the old Act not determined by the commencement day may be treated and determined by the Commission as an application under section 30 of the new Act.
A subsisting accreditation certificate issued under section 16I of the old Act is taken to be, and may continue to serve as, an accreditation certificate under section 22 of the new Act.
The Accreditation Register kept under section 16J of the old Act continues as the Accreditation Register under section 23 of the new Act.
Any subsisting exemption under section 16V of the old Act continues in force as an exemption, in the same terms, under section 64 of the new Act.
Any notification required to be given under section 16T of the old Act, but not given by the commencement day, must still be given as that section requires, despite the repeal of the old Act.
A failure to comply with subclause (8) is a relevant matter for the purposes of section 31(1)(b) of the new Act.
3. Authorisations
A subsisting authorisation under section 21(4) of the old Act continues in force as an authorisation under Division 1 of Part 3 of the new Act.
Any application to the Commission for authorisation under section 21(4) of the old Act not determined by the commencement day may be treated and determined by the Secretary as an application for authorisation under section 36 of the new Act.
The records kept by the Commission under section 21 of the old Act are to be transferred to the Secretary.
4. Special and general permits
A subsisting special permit under regulation 5 of the old regulations continues in effect according to its terms until the time it was originally due to expire.
A subsisting general permit under regulation 6 of the old regulations continues in effect according to its terms until it is revoked by the Commission.
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