Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005
An Act to provide for savings and transitional matters and to amend certain legislation consequent on the enactment of the Dangerous Substances (Safe Handling) Act 2005 and Dangerous Goods Amendment Act 2005
[Royal Assent 1 December 2005]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005 .
This Act commences on the day on which the Dangerous Substances (Safe Handling) Act 2005 commences.
PART 2 - Savings and Transitional
In this Part –commencement day means the day on which the Dangerous Substances (Safe Handling) Act 2005 commences;new legislative scheme means the scheme relating to dangerous goods and dangerous substances under the Dangerous Substances (Safe Handling) Act 2005 and Dangerous Goods (Safe Transport) Act 1998 ;old legislative scheme means the legislative scheme relating to dangerous goods under the superseded Act;relevant Act means –(a) this Act; or(b) the Dangerous Substances (Safe Handling) Act 2005 ; or(c) the Dangerous Goods (Safe Transport) Act 1998 ;superseded Act means the Dangerous Goods Act 1998 as in force immediately before the commencement day.
4. Savings and transitional regulations
(1) The Governor may make regulations of a savings and transitional nature consequent on the enactment of the Dangerous Substances (Safe Handling) Act 2005 and the Dangerous Goods Amendment Act 2005 to effect, and facilitate, the transition from the old legislative scheme to the new legislative scheme.(2) Without limiting the generality of subsection (1) , regulations made under that subsection may –(a) be made so as to have effect in respect of either, or both, of the other relevant Acts; and(b) provide for the preservation, continuation, variation or revocation of decisions or actions taken under the old legislative scheme; and(c) provide for the preservation, continuation, variation or revocation of notices or other instruments given or issued under the old legislative scheme; and(d) deal with any incidental or ancillary matters.(3) Regulations made under subsection (1) may –(a) 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(b) 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(c) authorise any matter to be from time to time determined, applied or regulated by –(i) the Secretary; or(ii) an authorised officer for a relevant Act; and(d) if they so provide, prevail over an inconsistent provision of any regulations made under the superseded Act.
5. Certain regulations under superseded Act continue as regulations under new Act
(1) The Dangerous Goods (General) Regulations 1998 and Dangerous Goods (Fees) Regulations 1998 in force under the superseded Act immediately before the commencement day are taken, on that day, to be valid regulations made and in force under the Dangerous Substances (Safe Handling) Act 2005 and, consequently, may be amended or rescinded under that Act.(2) Nothing in subsection (1) is to be taken as restricting the operation of section 11 of the Subordinate Legislation Act 1992 in respect of the regulations referred to in that subsection.
6. Continuation of other regulations
(1) For the avoidance of doubt, the Dangerous Goods (Road and Rail Transport) Regulations 1998 in force under the superseded Act immediately before the commencement day continue as valid regulations under the Dangerous Goods (Safe Transport) Act 1998 and, consequently, may be amended or rescinded under that Act.(2) Nothing in subsection (1) is to be taken as restricting the operation of section 11 of the Subordinate Legislation Act 1992 in respect of the regulations referred to in that subsection.
7. Preservation of relevant decisions, &c., of Competent Authorities
(1) A decision, determination or delegation made by a Competent Authority under the superseded Act and having force and effect immediately before the commencement day continues in force and effect on and after that day, according to its terms, as a decision, determination or delegation of the Secretary under the Dangerous Goods (Safe Transport) Act 1998 .(2) However, subsection (1) only applies if the decision, determination or delegation is relevant and translatable to the Dangerous Goods (Safe Transport) Act 1998 .(3) For the purposes of subsection (2) , a decision, determination or delegation is relevant and translatable to the Dangerous Goods (Safe Transport) Act 1998 if a decision, determination or delegation in the same terms would be capable of being made, after the commencement day, under that Act.(4) Nothing in this section is to be taken as restricting the operation of section 16 of the Acts Interpretation Act 1931 in so far as that section is applicable to the transition from the old legislative scheme to the new legislative scheme.
8. Extension of authorised officer appointments
A person who held an appointment under section 10(1) of the superseded Act immediately before the commencement day is taken, on that day, to have been appointed by the Secretary as an authorised officer under section 55(1) of the Dangerous Substances (Safe Handling) Act 2005 .
PART 3 - Administration and Consequential
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Infrastructure, Energy and Resources; and(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.
See Schedule 1 .
11. Consequential amendments of regulations do not prevent their subsequent amendment
The amendment by this Act of a provision of any regulations does not prevent that or any other provision of those regulations from being amended or rescinded by a subsequent regulation.
SCHEDULE 1 - Consequential AmendmentsThe amendments effected by Section 10 and this Schedule have been incorporated into the authorised version of the appropriate Acts and Statutory Rules.