Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005 (Tas)

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

1. Short title This Act may be cited as the Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005 .

2. Commencement This Act commences on the day on which the Dangerous Substances (Safe Handling) Act 2005 commences.

PART 2 - Savings and Transitional

3. Interpretation of Part 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(Safe Transport) Act 1998 ; old legislative scheme means the legislative scheme relating to dangerous goods under the superseded Act; relevant Act means – (a) this Act; or (b) the Dangerous Substances (Safe Handling) Act 2005 ; or (c) the Dangerous Goods (Safe Transport) Act 1998 ; superseded Act means the Dangerous Goods Act 1998 as in force immediately before the commencement day.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.