Miscellaneous Acts (Motor Transport Fees and Charges) Amendment Act 1985 (NSW)

MISCELLANEOUS ACTS (MOTOR TRANSPORT FEES AND

CHARGES) AMENDMENT ACT 1985 No. 140

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ANNO TRICESIMO QUARTO

ELIZABETHS II REGINS

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Act No. 140, 1985

An Act to amend the Air Transport Act 1964, Motor Traffic Act 1909, Motor Vehicle Driving Instructors Act 1961, Motor Vehicles Taxation Management Act 1949, Motor Vehicles (Third Party Insurance) Act 1942, Recreation Vehicles Act 1983 and State Transport (Co- ordination) Act 1931, with respect to the making and altering of fees and charges under those Acts, and for other purposes. [Assented to,

25th November, 1985.]

Miscellaneous Acts (Motor Transport Fees and Charges) Amendment 1985

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Miscellaneous Acts (Motor Transport

Fees and Charges) Amendment Act 1985".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on the day appointed and notified under section 2 (2) of the Transport (Fees and Charges) Amendment Act 1985.

Schedules

3. This Act contains the following Schedules:

SCHEDULE 1—AMENDMENTS

SCHEDULE 2—SAVINGS

Amendments

1. Each Act specified in Schedule 1 is amended in the manner specified

in that Schedule in relation to that Act.

Savings

5. Schedule 2 has effect.

SCHEDULE 1

(Sec. 4)

AMENDMENTS

Air Transport Act 1964 No. 36—

(1) Section 2 (5)—

After section 2 (4), insert:

3   Act No. 140

Miscellaneous Acts (Motor Transport Fees and Charges) Amendment 1985

SCHEDULE I—continued

AMENDMENTS—continued

(2) Section 5 (0(c)—

Omit "another amount is prescribed, that other amount", insert instead

"another fee is determined, that other fee".

(3) Section 13 (1) (a)—

Omit the paragraph.

Motor Traffic Act 1909 No. 5—

(1) Section 2 (1A)—

After section 2(1), insert:

(1A) A reference in this Act to a determined fee is a reference to a fee of

an amount determined by an order in force under section 265B of the

Transport Act 1930.

(2) (a) Section 3(1) (g2) (iii)—

Omit "the fees", insert instead "for fees".

(b)	Section 3 (1) (m)— Omit "prescribed", insert instead "determined".
(c)	Section 3 (1) (s)— Omit the paragraph, insert instead:

(s) require the payment of determined fees and regulate the payment and the application of those fees;

(3) Section 20—

Omit "prescribed" wherever occurring, insert instead "determined".

(4) Schedule 1 —

Omit the Schedule.

Motor Vehicle Driving Instructors Act 1961 No. 60—

(1) Section 3 (2)—

At the end of section 3, insert:

Miscellaneous Acts (Motor Transport Fees and Charges) Amendment 1985

SCHEDULE 1—continued

AMENDMENTS—continued

(3) Section 14(1) (b)—

Omit the paragraph, insert instead:

(b) the payment of fees under this Act;

Motor Vehicles Taxation Management Act 1949 No. 34—

(1) Section 3 (4)—

After section 3 (3), insert:

(4) A reference in this Act to a determined fee is a reference to a fee of an amount determined by an order in force under section 265B of the Transport Act 1930.

(2) Section 11 —

Omit "which may be prescribed by regulation", insert instead "determined in respect of the cancellation".

Motor Vehicles (Third Party Insurance) Act 1942 No. 15—

(1) Section 5 (4)—

After section 5 (3), insert:

(4) A reference in this Act to a determined fee is a reference to a fee of an amount determined by an order in force under section 265B of the Transport Act 1930.

(2) Section 45 (2) (c)—

Omit "prescribed" where firstly occurring, insert instead "determined".

Recreation Vehicles Act 1983 No. 136—

(1) Section 4(4)—

After section 4 (3), insert:

5   Act No. 140

Miscellaneous Acts (Motor Transport Fees and Charges) Amendment 1985

SCHEDULE 1— continued

AMENDMENTS—continued

(2) Sections 14 (3), (4), 17A (3), 20 (3)—

Omit "prescribed" wherever occurring, insert instead "determined".

(3) Section 22 (1)—

Omit "prescribed" where firstly occurring, insert instead "determined".

SCHEDULE 2

(Sec.5)

SAVINGS

General

1. The amendment of a provision of an Act by this Act or of a provision of a

regulation by reason of any such amendment shall not affect—

(a) the previous operation of the provision or anything duly commenced to be done or done under the provision;

(b) any right or liability acquired or incurred under the provision; or

(c) any legal proceeding or remedy in respect of any such right or liability,

and any such legal proceeding or remedy may be instituted, continued or enforced as if

the provision had not been amended.

Regulations

2.  This Act does not repeal any regulation—

(a) which was, immediately before the commencement of this Act, in force under an Act amended by this Act; and

(b) which could be made under that Act, as amended by this Act.