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Endnote 3

Explanatory details

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Endnote 3 Explanatory details

  1. S. 11: Section 9(3)(4) of the Accident Compensation (Further Amendment) Act 1992, No. 37/1992 reads as follows:

    9 Amendment of Dangerous Goods Act 1985

    (3) The appointment or purported appointment of a person as an inspector of dangerous goods under section 11 of the Dangerous Goods Act 1985, as in force immediately before the commencement of this section, is to be taken always to have been valid and anything done by such a person as an inspector under that Act before that commencement is not invalid by reason only of a doubt arising as to the validity of the person's appointment as an inspector.

    (4) On and from the commencement of this section—

    (a) all inspectors holding office or purporting to hold office under section 11 of the Dangerous Goods Act 1985 immediately before that commencement are to be taken to be inspectors appointed under section 11 of that Act as amended by this section; and

    (b) a notice of appointment published under section 11(2) of the Dangerous Goods Act 1985 before that commencement in respect the appointment of an inspector referred to in paragraph (a) is to be taken to be a certificate of appointment of that inspector furnished under section 11(2) of that Act as amended by this section. ↑

  2. Table of Amendments (Accident Compensation (Occupational Health and Safety) Act 1996): Division 2 of Part 3 (sections 24–32) of the Accident Compensation (Occupational Health and Safety) Act 1996, No. 13/1996 reads as follows:

    Division 2—Transitional Provisions

    24 Definitions

    In this Division—

    Director-General has the same meaning as it has in the Principal Act as in force at any time before the commencement of Division 1 of this Part, having regard to any Order made under the Administrative Arrangements Act 1983 but does not include the relevant Director-General within the meaning of section 61 of the Principal Act;

    former inspector means an inspector appointed under section 11 of the Principal Act as in force immediately before the commencement of Division 1 of this Part but does not include an inspector appointed by the relevant Minister within the meaning of section 61 of the Principal Act;

    Minister does not include the relevant Minister within the meaning of section 61 of the Principal Act.

    25 Interpretation of Legislation Act 1984 not affected

    Nothing in this Division affects or takes away from the Interpretation of Legislation Act 1984.

    26 Superseded references to Minister and Director-General

    (1) On the commencement of this section, a reference in the regulations made under the Principal Act or any instrument or other document made, issued, served or given under the Principal Act or the regulations made under that Act—

    (a) to the Minister is deemed to be a reference to the Authority; and

    (b) to the Director-General is deemed to be a reference to the Authority.

    (2) Subsection (1) does not apply to—

    (a) any guidelines issued by the Minister under section 40(2) of the Principal Act; or

    (b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 56 of the Principal Act.

    27 Proceedings in relation to Minister and Director-General

    (1) On the commencement of this section, the Authority is substituted for the Minister or the Director-General as a party in any proceedings commenced or made by or against or in relation to the Minister or the Director-General under the Principal Act or the regulations made under that Act and existing immediately before that commencement.

    (2) On the commencement of this section, any application made or notification given to the Director-General under the Principal Act or the regulations made under that Act before that commencement is deemed to be an application made or notification given to the Authority.

    (3) On and after the commencement of this section, the Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Director-General under the Principal Act or the regulations made under that Act and existing immediately before that commencement.

    28 Documents etc. issued by Director-General

    (1) On and after the commencement of this section—

    (a) any notice, licence, certificate, requirement, request, direction, determination, declaration, specification, registration, authorisation, endorsement, waiver, approval, delegation, condition, consent, exemption or other instrument or document issued, served, made or given under the Principal Act or the regulations made under the Principal Act by the Director-General or the Minister is deemed to have been issued, served, made or given by the Authority; and

    (b) any action taken or decision made under the Principal Act or the regulations made under the Principal Act by the Director-General or the Minister is deemed to have been taken or made by the Authority.

    (2) This section does not apply to—

    (a) any guidelines issued by the Minister under section 40(2) of the Principal Act; or

    (b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 56 of the Principal Act.

    29 Registers

    (1) On the commencement of this section, the register established by the Director-General under section 54 of the Principal Act is deemed to be the register established under that section by the Authority.

    (2) On the commencement of this section, any other register established by the Director-General under the Principal Act or the regulations made under that Act is deemed to be a register established by the Authority.

    30 Inspectors deemed to be inspectors appointed by Authority

    On and after the commencement of this section—

    (a) each former inspector holding office immediately before that commencement is deemed to be an inspector appointed by the Authority under section 11 of the Principal Act as amended by Division 1 of this Part; and

    (b) a certificate of appointment furnished by the Minister under section 11 of the Principal Act in respect of the appointment of a former inspector is deemed to be a certificate of appointment furnished by the Authority under section 11 as amended by Division 1 of this Part; and

    (c) an identification card issued to a former inspector by the Director-General under section 13 of the Principal Act is deemed to be an identification card issued to an inspector by the Authority under that section as amended by Division 1 of this Part.

    31 Proceedings in relation to inspectors

    On and after the commencement of this section, an inspector appointed by the Authority may continue and complete any proceedings under the Principal Act or the regulations made under that Act commenced or made by or against or in relation to a former inspector and existing immediately before that commencement.

    32 Documents etc. issued by inspector

    On and after the commencement of this section—

    (a) any notice, direction, authorisation, request, requirement, prohibition, exemption, approval, permission or other instrument or document issued, served, made or given by a former inspector under the Principal Act or the regulations made under that Act is deemed to have been issued, served, made or given by an inspector appointed by the Authority; and

    (b) any action taken or decision made under the Principal Act or the regulations made under that Act by a former inspector is deemed to have been taken or made by an inspector appointed by the Authority.