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This is a Bill, not an Act. For current law, see the Acts databases.


ROAD TRAFFIC (VALIDITY OF REGULATIONS) AMENDMENT BILL 2005

House of Assembly—No 98

As laid on the table and read a first time, 13 April 2005

South Australia

Road Traffic (Validity of Regulations) Amendment Bill 2005

A Bill For

An Act to amend the Road Traffic Act 1961.



Contents

Part 1—Preliminary

1 Short title

2 Amendment provisions

Part 2—Amendment of Road Traffic Act 1961

3 Amendment of section 80—Australian Road Rules and related regulations

Schedule 1—Validity of regulations



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Road Traffic (Validity of Regulations) Amendment Act 2005.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.


Part 2—Amendment of Road Traffic Act 1961

3—Amendment of section 80—Australian Road Rules and related regulations

(1) Section 80(b)—delete paragraph (b) and substitute:

(b) regulations dealing with any matter referred to in paragraph (a).

(2) Section 80—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

(2) Without limiting any other provision of this Act, a regulation may—

(a) exclude the application of a provision of the Australian Road Rules in this State or a part of this State or provide for the granting (and variation and revocation) of exemptions by the Minister, subject to such conditions as the Minister thinks fit, from any provision of the Australian Road Rules; or

(b) make a provision concerning a matter in this State or a part of this State that differs from a provision contained in the Australian Road Rules concerning that matter,

and in that event the regulation will prevail to the extent of any inconsistency with the Australian Road Rules (whether the regulation was made before, simultaneously with or after the affected provision of the Australian Road Rules).


Schedule 1—Validity of regulations

For the avoidance of doubt, a regulation made or purportedly made under the Road Traffic Act 1961 after 10 November 1999 but before the commencement of this Act (whether or not still in effect) will be taken to have been validly made for the purposes of any matter, whether arising before or after the commencement of this Act, if the regulation could be validly made under the Road Traffic Act 1961 as amended by this Act.

 


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