Road Transport (General) Act 1999 Road Transport (General) Amendment (Saving of Breath Testing Devices) Regulation 1999 (1999-629) [GG No 136 of 1.12.1999, p 11623] (NSW)

1999 No 629

Road Transport (General) New South Wales

Amendment (Saving of Breath

Testing Devices) Regulation 1999

under the

Road Transport (General) Act 1999

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (General) Act 1999.

CARL SCULLY, M.P.,

Minister for Roads

Explanatory note

Under the Traffic Act 1909, the Governor has, by order, approved certain instruments to be breath analysing instruments for the purposes of the definition of breath analysing instrument in section 2 of that Act. The Governor has also, by order, approved certain other types of devices (other than breath analysing instruments) for breath testing for the purposes of the definition of breath test in that Act.

The object of this Regulation is to ensure that any such instruments and devices continue to have effect as such under the corresponding provisions of the Road Transport (Safety and Traffic Management) Act 1999 on the repeal of the Traffic Act 1909.

This Regulation is made under the Road Transport (General) Act 1999, including section 71 (the general regulation-making power) and clause 1 of Schedule 2 to that Act.

Published in Gazette No 136 of 1 December 1999, page 11623	Page 1
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1999 No 629
Clause 1	Road Transport (General) Amendment (Saving of Breath Testing Devices) Regulation 1999

Road Transport (General) Amendment (Saving of
Breath Testing Devices) Regulation 1999

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment

(Saving of Breath Testing Devices) Regulation 1999.

2 Commencement

This Regulation commences on 1 December 1999.

3 Amendment of Road Transport (General) Regulation 1999

The Road Transport (General) Regulation 1999 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

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1999 No 629

Road Transport (General) Amendment (Saving of Breath Testing

Devices) Regulation 1999

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 2 Savings and transitional provisions

Insert after clause 12:

13      Existing breath analysing instruments and breath testing devices preserved

(1) An instrument that, immediately before the repeal of the Traffic Act 1909, was a breath analysing instrument for the purposes of that Act is taken to be a breath analysing instrument for the purposes of the Road Transport (Safety and Traffic Management) Act 1999.

(2) A device that, immediately before the repeal of the Traffic Act 1909, was a device (not being a breath analysing instrument) of a type approved by the Governor by order published in the Gazette as referred to in the definition of breath test in section 2 (1) of that Act is taken to be a device approved by the Governor for the purposes of the definition of breath test in the Dictionary to the Road Transport (Safety and Traffic Management) Act 1999.

BY AUTHORITY

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