Motor Traffic (Regulations) Amendment Act 1977 (NSW)

MOTOR TRAFFIC (REGULATIONS)

AMENDMENT ACT, 1977

A N N O VICESIMO SEXTO

ELIZABETHE II REGINE

Act No. 88, 1977.

An Act to amend the Motor Traffic Act, 1909, so as to validate, if they are invalid, certain regulations purporting to have been made under that Act; and to clarify the power to make regulations under that Act. [Assented to, 20th October, 1977.] BE

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 :—

1.     This Act may be cited as the "Motor Traffic (Regula­

tions) Amendment Act, 1 9 7 7 " .

2 .      This Act contains the following Schedules :—

SCHEDULE 1.—AMENDMENTS TO THE MOTOR

TRAFFIC ACT, 1 9 0 9 , RELATING TO POWERS TO

MAKE REGULATIONS.

SCHEDULE 2.—CONSEQUENTIAL AMENDMENTS TO

THE MOTOR TRAFFIC ACT, 1 9 0 9 .

The Motor Traffic Act, 1 9 0 9 , is amended in the manner set forth in Schedules 1 and 2 .

3.

( 1 ) Any regulation purporting to have been made under the Motor Traffic Act, 1 9 0 9 , before the date of assent to this Act shall, if it was not validly made, be, on and from that date, deemed to have been validly made and to be as valid and effectual as it would have been if the amendments made by section 3 and Schedules 1 and 2 had been in force

4.

when it purported to be made.

( 2 ) In any proceedings in any court relating to an

offence alleged to have been committed before the date of assent to this Act against any regulation referred to in sub­ section ( 1 ) , the enactment of subsection ( 1 ) and of section 3 and Schedules 1 and 2 shall be disregarded by that court in determining whether any such regulation was validly made.

SCHEDULE 1.

AMENDMENTS TO THE MOTOR TRAFFIC ACT, 1 9 0 9 ,

RELATING TO POWERS TO MAKE REGULATIONS.

( 1 ) Section 3 ( 1 ) (u)—

After section 3 ( 1 ) ( t) , insert:—

(u) provide for the exemption of any class or description of persons or motor vehicles from any specified provision or provisions of the regulations in such circumstances, if any, and subject to such conditions, if any, as may be specified in the regulations or in any instrument granting the exemption.

(2) Section 3 ( 3 ) - ( 6 ) —

After section 3 (2) , insert :—-

(3) A provision of a regulation may—

(a)	apply generally or be limited in its application by reference to specified exceptions or factors;
or
(b)	apply differently according to different factors of a specified kind,

or may do any combination of those things.

(4) Subsection (3) is supplemental to and not in derogation of any other provision of this Act relating to the making of regulations.

SCHEDULE 1—continued.

AMENDMENTS TO THE MOTOR TRAFFIC ACT, 1 9 0 9 ,

RELATING TO POWERS TO MAKE REGULATIONS—continued.

(5) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(6) The generality of subsection (5) is not affected by any other provision of this Act relating to the making of regulations.

SCHEDULE 2.

CONSEQUENTIAL AMENDMENTS TO THE

MOTOR TRAFFIC ACT, 1 9 0 9 .

( 1 ) (a) Section 3 ( 1 ) (q )—

Omit ", and generally for carrying this Act into effect".

(b) Section 3 ( 1 ) (q2)—

Omit ", and prescribe any matter which may be necessary or convenient, in relation to such special number plates, or such records".

SCHEDULE 2—continued.

CONSEQUENTIAL AMENDMENTS TO THE

MOTOR TRAFFIC ACT, 1909—continued.

(c) Section 3 ( 1 ) (s)—

Omit ", subject to such exemptions as may be specified,".

(d) Section 3 ( 1 ) ( t )—

Omit "year.", insert instead "year;".

(2) Section 8c (8) (c )—

Omit the paragraph.