Transport Integration (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 (Vic)
Version No. 001
Transport Integration (Transport Legislation Amendment Act 2019) Transitional Regulations 2019
S.R. No. 173/2019
Version as at
1 January 2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Definitions
Part 2—Disability Act 2006
5Disability Action Plan prepared by Roads Corporation
Part 3—Eastlink Project Act 2004
6Evidence of certificate from VicRoads
Part 4—Infringements Act 2006
Division 1—Transition to the Head, Transport for Victoria
7Things done by Roads Corporation before first commencement day as enforcement agency
8Things commenced but not completed by Roads Corporation as an enforcement agency
Division 2—Transition to the Secretary
9Definitions
10Things done by Roads Corporation before first commencement day as enforcement agency
11Things commenced but not completed by Roads Corporation as an enforcement agency
Part 5—Land Acquisition and Compensation Act 1986
12Things done by Roads Corporation before first commencement day as the Authority
13Things commenced but not completed by Roads Corporation as the Authority
14References to Roads Corporation in instruments and documents under the Land Acquisition and Compensation Act 1986
15Certifications by the Governor in Council under section 5(3)
16Notices of intention to acquire
17Certificates of Minister exempting Roads Corporation from serving a notice of intention to acquire
18Notices of acquisition
19Governor in Council certification in relation to entry into possession by the Roads Corporation as the Authority
20Claims for compensation
21Advances of compensation—where Roads Corporation has not made advance
22Advances of compensation—where Roads Corporation is satisfied of the claimant's entitlement to interest in the land
23Advances of compensation by Roads Corporation
24Compensation may in certain cases be paid to the Treasurer—Road Corporation directions
25Payment out of Trust Fund at direction of Roads Corporation
26Service on and by the Roads Corporation
Part 6—Melbourne City Link Act 1995
27General evidentiary provisions
Part 7—Planning and Environment Act 1987
28Things done by Roads Corporation before first commencement day as a referral authority or public authority under Part 5
29Things commenced but not completed by Roads Corporation as a referral authority or public authority under Part 5
30Things received but not acted on by Roads Corporation as a referral authority
31Substitution of Roads Corporation as a party in proceedings relating to functions and powers as a referral authority
32Written directions given to Roads Corporation in relation to endorsement of draft Statement of Planning Policy
33Request for more information in relation to application for planning permit
34Referral authority decisions in relation to planning permit applications
35Request for more information in relation to amended application for planning permit
36Notice given to Roads Corporation as a recommending referral authority under section 83AB
37Designation of Roads Corporation as an acquiring authority
38Recovery of compensation paid
39References to Roads Corporation in planning permits and other instruments under the Planning and Environment Act 1987
40Roads Corporation specified as a referral authority in planning permits and other instruments under the Planning and Environment Act 1987
Part 8—National Parks Regulations 2013
41Declarations of parks
Part 9—Delegations under the Act
42Roads Corporation delegations—Head, Transport for Victoria
43Roads Corporation delegations—Secretary
Part 10—Expiry of these Regulations
44Expiry
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Transport Integration (Transport Legislation Amendment Act 2019) Transitional Regulations 2019
S.R. No. 173/2019
Version as at
1 January 2020
Part 1—Preliminary
1Objective
The objective of these Regulations is to provide for matters of a transitional nature arising as a result of the transfer of certain functions and powers of the Roads Corporation to the Head, Transport for Victoria or the Secretary to the Department of Transport under the Transport Legislation Amendment Act 2019.
2Authorising provision
These Regulations are made under section 326 of the Transport Integration Act 2010.
3Commencement
These Regulations come into operation on 1 January 2020.
4Definitions
In these Regulations—
first commencement day has the same meaning as in section 294 of the Act;
the Act means the Transport Integration Act 2010.
Part 2—Disability Act 2006
5Disability Action Plan prepared by Roads Corporation
A Disability Action Plan prepared by the Roads Corporation under section 38 of the Disability Act 2006 that is in effect immediately before the first commencement day is taken, on that day, to be a Disability Action Plan prepared by the Head, Transport for Victoria.
Part 3—Eastlink Project Act 2004
6Evidence of certificate from VicRoads
Without limiting section 317 of the Act, a certificate issued by VicRoads before the first commencement day, and referred to in section 221(1) or (3) of the Eastlink Project Act 2004, is taken, on that day, to be issued by the Secretary under section 221(1) or (3), as the case requires, and continues on and after that day to have effect according to its tenor.
Part 4—Infringements Act 2006
Division 1—Transition to the Head, Transport for Victoria
7Things done by Roads Corporation before first commencement day as enforcement agency
Despite section 315 of the Act, anything done by the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Infringements Act 2006 as an enforcement agency within the meaning of that Act before the first commencement day in relation to an infringement offence under the Road Management Act 2004 or an infringement within the meaning of section 63B(1) of the Environment Protection Act 1970 is taken, on and after that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, under the Infringements Act 2006.
8Things commenced but not completed by Roads Corporation as an enforcement agency
(1)This regulation applies if, before the first commencement day, the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Infringements Act 2006 as an enforcement agency within the meaning of that Act has commenced a matter or thing in relation to an infringement offence under the Road Management Act 2004 or an infringement within the meaning of section 63B(1) of the Environment Protection Act 1970 and has not completed that matter or thing before that day.
(2)Despite section 316 of the Act, on and after the first commencement day, the Head, Transport for Victoria must continue and complete that matter or thing and, for the purposes of this regulation, anything done by the Roads Corporation before that day is taken to have been done by the Head, Transport for Victoria.
Division 2—Transition to the Secretary
9Definitions
In this Division—
parking infringement has the same meaning as in section 3(1) of the Road Safety Act 1986;
traffic infringement has the same meaning as in section 3(1) of the Road Safety Act 1986.
10Things done by Roads Corporation before first commencement day as enforcement agency
Without limiting section 315 of the Act, anything done by the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Infringements Act 2006 as an enforcement agency within the meaning of that Act before the first commencement day in relation to a parking infringement or traffic infringement is taken, on and after that day, to have been done by the Secretary in the performance of a function or duty, or exercise of a power, under the Infringements Act 2006.
11Things commenced but not completed by Roads Corporation as an enforcement agency
(1)This regulation applies if, before the first commencement day, the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Infringements Act 2006 as an enforcement agency within the meaning of that Act has commenced a matter or thing in relation to a parking infringement or traffic infringement and has not completed that matter or thing before that day.
(2)Without limiting section 316 of the Act, on and after the first commencement day, the Secretary must continue and complete that matter or thing and, for the purposes of this regulation, anything done by the Roads Corporation before that day is taken to have been done by the Secretary.
Part 5—Land Acquisition and Compensation Act 1986
12Things done by Roads Corporation before first commencement day as the Authority
Despite section 315 of the Act, anything done by the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Land Acquisition and Compensation Act 1986 as the Authority within the meaning of that Act before the first commencement day is taken, on and after that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, as the Authority under that Act.
13Things commenced but not completed by Roads Corporation as the Authority
(1)This regulation applies if, before the first commencement day, the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Land Acquisition and Compensation Act 1986 as the Authority within the meaning of that Act has commenced a matter or thing and has not completed that matter or thing before that day.
(2)Despite section 316 of the Act, on and after the first commencement day—
(a)the Head, Transport for Victoria must continue and complete that matter or thing; and
(b)for the purposes of this regulation, anything done by the Roads Corporation before that day is taken to have been done by the Head, Transport for Victoria.
14References to Roads Corporation in instruments and documents under the Land Acquisition and Compensation Act 1986
Despite section 317 of the Act, on the first commencement day, a reference to the Roads Corporation (whether as the Roads Corporation or as VicRoads) in an instrument made under or for the purposes of the Land Acquisition and Compensation Act 1986 or any other document (by whatever name) prepared or made under or for the purposes of that Act must be construed as a reference to the Head, Transport for Victoria—
(a)so far as the reference relates to any period on or after the first commencement day; and
(b)if not inconsistent with the subject matter.
15Certifications by the Governor in Council under section 5(3)
(1)This regulation applies if before the first commencement day, the Roads Corporation, as the Authority, has commenced under the Land Acquisition and Compensation Act 1986 to acquire an interest in land which has been certified by the Governor in Council under section 5(3) of that Act before that day as land for which reservation is unnecessary, undesirable or contrary to the public interest.
(2)On and after the first commencement day, the Head, Transport for Victoria may continue to acquire that interest in that land as the Authority.
16Notices of intention to acquire
(1)This regulation applies if—
(a)the Roads Corporation as the Authority within the meaning of the Land Acquisition and Compensation Act 1986 has served a notice of intention to acquire within the meaning of that Act before the first commencement day; and
(b)the interest in land to which the notice relates has not vested under that Act in the Roads Corporation before the first commencement day.
(2)Despite section 317 of the Act and without limiting regulation 14, on the first commencement day, the notice of intention to acquire is taken to have been served by the Head, Transport for Victoria.
17Certificates of Minister exempting Roads Corporation from serving a notice of intention to acquire
(1)This regulation applies if there is a certificate of the Minister under section 7(1)(c) of the Land Acquisition and Compensation Act 1986 in effect immediately before the first commencement day that applies to the Roads Corporation as the Authority.
(2)Despite section 317 of the Act and without limiting regulation 14, on and after the first commencement day, that certificate is taken to apply to the Head, Transport for Victoria as the Authority.
18Notices of acquisition
(1)This regulation applies if—
(a)the Roads Corporation as the Authority within the meaning of the Land Acquisition and Compensation Act 1986 has published a notice of acquisition within the meaning of that Act before the first commencement day; and
(b)the interest in land described in that notice has vested under the Act in the Roads Corporation as the Authority but the Roads Corporation is not the registered proprietor under the Transfer of Land Act 1958 of that interest immediately before the first commencement day.
(2)Despite section 317 of the Act and without limiting regulation 14, on the first commencement day—
(a)the notice of acquisition is taken to have been published by the Head, Transport for Victoria as the Authority; and
(b)the interest in the land is taken to have vested in the Head, Transport for Victoria as the Authority and the Head, Transport for Victoria may be registered as the registered proprietor under the Transfer of Land Act 1958 in respect of that interest.
19Governor in Council certification in relation to entry into possession by the Roads Corporation as the Authority
(1)This regulation applies if there is a certificate of the Governor in Council under section 26(4)(a) of the Land Acquisition and Compensation Act 1986 in effect immediately before the first commencement day that applies to the Roads Corporation as the Authority.
(2)Despite section 317 of the Act and without limiting regulation 14, on and after the first commencement day, that certificate is taken to apply to the Head, Transport for Victoria as the Authority.
20Claims for compensation
(1)This regulation applies if—
(a)a person makes a claim for compensation under section 37(1) of the Land Acquisition and Compensation Act 1986 before the first commencement day; and
(b)the Roads Corporation has not served on the person a statement under section 37(4) of that Act before the first commencement day.
(2)On the first commencement day, the claim for compensation is taken to have been served on the Head, Transport for Victoria.
21Advances of compensation—where Roads Corporation has not made advance
(1)This regulation applies if—
(a)before the first commencement day, a notice under section 51(1) of the Land Acquisition and Compensation Act 1986 has been given to the Roads Corporation requiring the Roads Corporation to advance an amount of compensation in accordance with that section (a compensation notice); and
(b)the period within which the Roads Corporation is required, under section 51(2) of that Act, to make the advance has not expired before the first commencement day.
(2)On the first commencement day, the compensation notice is taken to have been given to the Head, Transport for Victoria and despite anything to the contrary in section 51 of the Land Acquisition and Compensation Act 1986, the period within which the Head, Transport for Victoria is required to make an advance under that section pursuant to that notice is taken to commence on the first commencement day.
22Advances of compensation—where Roads Corporation is satisfied of the claimant's entitlement to interest in the land
(1)This regulation applies if—
(a)before the first commencement day—
(i)a notice under section 51(1) of the Land Acquisition and Compensation Act 1986 has been given to the Roads Corporation requiring the Roads Corporation to advance an amount of compensation to a claimant within the meaning of that Act in accordance with that section; and
(ii)the Roads Corporation is satisfied as to the claimant's entitlement to an interest in the land under section 51(2)(b) of that Act; and
(b)the Roads Corporation has not made the advance before the first commencement day.
(2)On and after the commencement day, the Head, Transport for Victoria may make the advance in relation to the claimant's entitlement to an interest in that land.
23Advances of compensation by Roads Corporation
An advance made by the Roads Corporation under section 51 of the Land Acquisition and Compensation Act 1986 before the first commencement day is taken, on that day, to be an advance made by the Head, Transport for Victoria.
24Compensation may in certain cases be paid to the Treasurer—Road Corporation directions
A direction of the Roads Corporation referred to in section 58(c) of the Land Acquisition and Compensation Act 1986 that is in effect immediately before the first commencement day is taken, on that day, to be a direction of the Head, Transport for Victoria.
25Payment out of Trust Fund at direction of Roads Corporation
A direction of the Roads Corporation to the Minister administering Part 7 of the Financial Management Act 1994 referred to in section 59 of the Land Acquisition and Compensation Act 1986 that has not been acted on by the Minister before the first commencement day is taken, on that day, to be a direction of the Head, Transport for Victoria.
26Service on and by the Roads Corporation
Unless the context otherwise requires, a notice (other than a notice of intention to acquire) or other document (by whatever name) served on or by the Roads Corporation under the Land Acquisition and Compensation Act 1986 as the Authority before the first commencement day is taken, on that day, to be have been served on or by the Head, Transport for Victoria as the Authority, as the case requires.
Part 6—Melbourne City Link Act 1995
27General evidentiary provisions
Without limiting section 317 of the Act, a certificate issued by the Roads Corporation, before the first commencement day, and referred to in section 89(2) or (3A) of the Melbourne City Link Act 1995, is taken, on that day, to be issued by the Secretary under section 89(2) or (3A), as the case requires, and continues on and after that day to have effect according to its tenor.
Part 7—Planning and Environment Act 1987
28Things done by Roads Corporation before first commencement day as a referral authority or public authority under Part 5
(1)This regulation applies to—
(a)anything done by the Roads Corporation before the first commencement day in the performance of a function or duty, or exercise of a power, under the Planning and Environment Act 1987 as a referral authority within the meaning of that Act or a public authority under Part 5 of that Act; or
(b)anything done under that Act by another entity before the first commencement day that relates to the performance of a function or duty or exercise of a power by the Roads Corporation under that Act as a referral authority within the meaning of that Act or a public authority under Part 5 of that Act.
(2)Despite section 315 of the Act, on and after the first commencement day—
(a)the thing done by the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Planning and Environment Act 1987 as a referral authority within the meaning of that Act, or a public authority under Part 5 of that Act, is taken to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, as a referral authority under that Act or as a public authority under Part 5 of that Act, as the case requires; and
(b)the thing done by the other entity under the Planning and Environment Act 1987 that relates to the performance of a function or duty or exercise of a power by the Roads Corporation under that Act as a referral authority within the meaning of that Act, or a public authority under Part 5 of that Act, is taken to have been done in relation to the Head, Transport for Victoria as a referral authority within the meaning of that Act or a public authority under Part 5 of that Act, as the case requires.
29Things commenced but not completed by Roads Corporation as a referral authority or public authority under Part 5
(1)This regulation applies if, before the first commencement day, the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Planning and Environment Act 1987 as a referral authority within the meaning of that Act, or a public authority under Part 5 of that Act, has commenced a matter or thing and has not completed that matter or thing before that day.
(2)Despite section 316 of the Act, on and after the first commencement day, the Head, Transport for Victoria must continue and complete that matter or thing and, for the purposes of this regulation, anything done by the Roads Corporation before that day is taken to have been done by the Head, Transport for Victoria as a referral authority or a public authority under Part 5 of that Act, as the case requires.
30Things received but not acted on by Roads Corporation as a referral authority
(1)This regulation applies if, before the first commencement day—
(a)the Roads Corporation has been given a thing or matter pursuant to the Planning and Environment Act 1987 that relates to the performance of a function or duty or exercise of a power by the Roads Corporation under that Act as a referral authority within the meaning of that Act; and
(b)the Roads Corporation has not performed that function or duty or exercised that power in relation to that thing.
(2)Despite section 316 of the Act, on and after the first commencement day, the Head, Transport for Victoria must perform that duty, or may perform or exercise that function or power, in relation to that thing or matter, as the case requires.
31Substitution of Roads Corporation as a party in proceedings relating to functions and powers as a referral authority
(1)This regulation applies if there is a proceeding in a court or tribunal to which the Roads Corporation is a party that—
(a)relates to the performance of a function or duty or exercise of a power by the Roads Corporation as a referral authority under the Planning and Environment Act 1987; and
(b)has not been finally determined before the first commencement day.
(2)On and after the first commencement day, the Head, Transport for Victoria is substituted for the Roads Corporation as a party to the proceeding and has the same rights in the proceeding as the Roads Corporation had.
(3)Without limiting subregulation (2), if the Roads Corporation is, for the purposes of any proceeding in VCAT, a relevant referral authority referred to in section 90(1)(f) of the Planning and Environment Act 1987 immediately before the first commencement day, the Head, Transport for Victoria is taken, on that day, to be a relevant referral authority referred to in that section for the purposes of the proceeding.
32Written directions given to Roads Corporation in relation to endorsement of draft Statement of Planning Policy
A direction given to the Roads Corporation by the Minister responsible for the Roads Corporation under section 46AX(2) of the Planning and Environment Act 1987 that is in effect immediately before the first commencement day is taken on that day to be a written direction given to the Head, Transport for Victoria by the Minister responsible for the Head, Transport for Victoria.
33Request for more information in relation to application for planning permit
(1)This regulation applies if—
(a)a responsible authority has not made a decision under section 61 of the Planning and Environment Act 1987 before the first commencement day in relation to an application for a planning permit; and
(b)the Roads Corporation has made a request for more information under section 55(2) of that Act before the first commencement day in relation to the application.
(2)Without limiting regulation 28, on and after the first commencement day, the request is taken to be a request under section 55(2) of that Act made by the Head, Transport for Victoria.
34Referral authority decisions in relation to planning permit applications
(1)This regulation applies if—
(a)an application for a planning permit has been made under the Planning and Environment Act 1987 in relation to which the responsible authority has not made a decision under section 61 of that Act before the first commencement day; and
(b)a decision has been made, or comments have been given, by the Roads Corporation as a referral authority under section 56 of that Act in relation to that application before the first commencement day.
(2)Without limiting regulation 28, on the first commencement day, the decision made, or comments given, by the Roads Corporation is taken to be a decision made, or comments given by, the Head, Transport for Victoria as a referral authority.
35Request for more information in relation to amended application for planning permit
(1)This regulation applies if—
(a)a responsible authority has not made a decision under section 61 of the Planning and Environment Act 1987 before the first commencement day in relation to an amended application for a planning permit; and
(b)the Roads Corporation has made a request for more information under section 57C(2) of that Act before the first commencement day in relation to the amended application.
(2)Without limiting regulation 28, on and after the first commencement day, the request for more information is taken to be a request under section 57C(2) of that Act made by the Head, Transport for Victoria.
36Notice given to Roads Corporation as a recommending referral authority under section 83AB
(1)This regulation applies if a notice has been given under section 83AB of the Planning and Environment Act 1987 before the first commencement day to the Roads Corporation as a recommending referral authority within the meaning of that Act in relation to a proceeding in VCAT that has not been finally determined before that day.
(2)On the first commencement day, the notice is taken to be have been given to the Head, Transport for Victoria as the recommending referral authority.
37Designation of Roads Corporation as an acquiring authority
(1)This regulation applies if, immediately before the first commencement day, a planning scheme within the meaning of the Planning and Environment Act 1987 designates the Roads Corporation as an acquiring authority for the purposes of that Act or land reserved for public purposes.
(2)On the first commencement day, the Head, Transport for Victoria is taken to be designated under the planning scheme as an acquiring authority for the purposes of that Act or land reserved for public purposes.
38Recovery of compensation paid
(1)This regulation applies if—
(a)the Roads Corporation has paid compensation under Part 5 of the Planning and Environment Act 1987 in respect of land as a result of a reservation or proposed reservation before the first commencement day and that amount is set out in a statement under section 110(1) of that Act; and
(b)the Roads Corporation has not recovered the whole of the amount of compensation before that day.
(2)On and after the first commencement day, the Head, Transport for Victoria is taken to have paid that compensation and may recover the whole or any outstanding amount, as the case requires, under section 111 of the Planning and Environment Act 1987.
39References to Roads Corporation in planning permits and other instruments under the Planning and Environment Act 1987
(1)Despite section 317 of the Act, on the first commencement day, a reference to the Roads Corporation (whether as the Roads Corporation or as VicRoads) in a planning permit or any other instrument made under or for the purposes of the Planning and Environment Act 1987 or any other document (by whatever name) prepared or made under or for the purposes of that Act (other than a planning scheme) must be construed as a reference to the Head, Transport for Victoria—
(a)so far as the reference relates to any period on or after the first commencement day; and
(b)if not inconsistent with the subject matter.
(2)In this regulation, planning permit and planning scheme have the meaning given by the Planning and Environment Act 1987.
40Roads Corporation specified as a referral authority in planning permits and other instruments under the Planning and Environment Act 1987
(1)This regulation applies if, immediately before the first commencement day, an applicable planning document specifies the Roads Corporation (whether as the Roads Corporation or as VicRoads) as a referral authority within the meaning of the Planning and Environment Act 1987.
(2)Despite anything to the contrary in section 317 of the Act and without limiting regulation 37, on the first commencement day the specification of the Roads Corporation as a referral authority in the applicable planning document is taken to be a specification of the Head, Transport for Victoria as a referral authority.
(3)In this regulation—
applicable planning document means a planning permit or any other instrument made under or for the purposes of the Planning and Environment Act 1987 or any other document (by whatever name) prepared or made under or for the purposes of that Act (other than a planning scheme within the meaning of that Act).
Part 8—National Parks Regulations 2013
41Declarations of parks
(1)Despite section 317 of the Act, a notice of declaration of the Roads Corporation published under regulation 6(c)(ii) of the National Parks Regulations 2013[1] that is in effect immediately before the first commencement day is taken, on that day, to be a notice of declaration published by the Head, Transport for Victoria.
(2)A reference to the Roads Corporation in a notice of declaration referred to subregulation (1) is taken, on the first commencement day, to be a reference to the Head, Transport for Victoria.
Part 9—Delegations under the Act
42Roads Corporation delegations—Head, Transport for Victoria
(1)This regulation applies if—
(a)immediately before the commencement day there is in effect an instrument of delegation made by the Roads Corporation under section 115 of the Act under which a power, duty or function of the Corporation under the Road Management Act 2004 is delegated to a person; and
(b)on and after that day, the power, duty or function or is a power, duty or function conferred on the Head, Transport for Victoria.
(2)On and after the commencement day, the instrument of delegation is taken to be an instrument of delegation made by the Head, Transport for Victoria under section 115 of the Act delegating the relevant power, duty or function to the person.
43Roads Corporation delegations—Secretary
(1)This regulation applies if—
(a)immediately before the commencement day there is in effect an instrument of delegation made by the Roads Corporation under section 115 of the Act under which a power, duty or function of the Corporation under the Road Safety Act 1986 is delegated to a person; and
(b)on and after that day, the power, duty or function or is a power, duty or function conferred on the Secretary.
(2)On and after the commencement day, the instrument of delegation is taken to be an instrument of delegation made by the Secretary under section 115 of the Act delegating the relevant power, duty or function to the person.
Part 10—Expiry of these Regulations
44Expiry
These Regulations expire on 1 January 2022.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Transport Integration (Transport Legislation Amendment Act 2019) Transitional Regulations 2019, S.R. No. 173/2019 were made on 23 December 2019 by the Governor in Council under section 326 of the Transport Integration Act 2010, No. 6/2010 and came into operation on 1 January 2020: regulation 3.
The Transport Integration (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 will expire on 1 January 2022: see regulation 44.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Transport Integration (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 41: S.R. No. 115/2013 as amended by S.R. Nos 18/2015, 16/2917 and 125/2018.
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