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s 284

Transitional regulations

In force
Part 16Repeals and transitional provisions
Division 3Transitional regulations

284 Transitional regulations

(1)

In this section —

publication day, for transitional regulations, means the day on which those regulations are published in the Gazette;

relevant commencement day, in relation to transitional regulations, means —

(a)

to the extent that the regulations deal with a transitional matter relating to the provisions of written laws repealed by Division 1 — the day on which that Division comes into operation; and

(b)

to the extent that the regulations deal with a transitional matter relating to the provisions of the written laws repealed by Division 2 — the day on which that Division comes into operation;

specified means specified or described in transitional regulations;

transitional matter —

(a)

means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the written laws repealed by Divisions 1 and 2 to the provisions of this Act; and

(b)

includes a saving or application matter;

transitional regulations means regulations under subsection (2).

(2)

If there is no sufficient provision in this Part for dealing with a transitional matter, the regulations may prescribe matters —

(a)

required to be prescribed for the purpose of dealing with the transitional matter; or

(b)

necessary or convenient to be prescribed for the purpose of dealing with the transitional matter.

(3)

Transitional regulations may provide that specified provisions of this Act —

(a)

do not apply to or in relation to a specified matter; or

(b)

apply with specified modifications to or in relation to a specified matter.

(4)

If transitional regulations provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than publication day for those regulations but not earlier than the relevant commencement day, the regulations have effect according to their terms.

(5)

If transitional regulations contain a provision referred to in subsection (4), the provision does not operate so as —

(a)

to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before publication day for those regulations; or

(b)

to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before publication day for those regulations.

(6)

Transitional regulations can only be made within 24 months after the day on which this Act receives the Royal Assent.

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Section 284 — Transitional regulations — Biodiversity Conservation Act 2016 (Western Australia) — Barrister AI