South Australian Repealed Acts

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This legislation has been repealed.

RAIL SAFETY ACT 1996 - SCHEDULE 3

Schedule 3—Transitional provisions

1         (1)         An owner or operator of a railway (other than a private siding) who, immediately before the commencement of this clause, owns or operates a railway to which this Act applies will be taken to hold an accreditation appropriate to the owner's or operator's circumstances at that commencement for the prescribed period after the commencement of this clause.

        (2)         If, during the prescribed period under subclause (1), an owner or operator holding an accreditation under that subclause applies to the Administrating Authority for accreditation or interim accreditation under Part 2, the owner's or operator's accreditation by virtue of that subclause will continue until such time as the application is determined by the Administrating Authority.

        (3)         A private siding in existence immediately before the commencement of this clause will be taken to be registered under this Act for the prescribed period after the commencement of this clause.

        (4)         If, during the prescribed period under subclause (3), the owner of the private siding applies to the Administrating Authority for registration of the siding under Part 2, the registration by virtue of that subclause will continue until such time as the application is determined by the Administrating Authority.

2         (1)         The regulations may contain other provisions of the saving or transitional nature consequent on the enactment of this Act.

        (2)         A regulation made under this clause may, if the regulation so provides, take effect from the date of assent to this Act or any later date.

        (3)         To the extent to which a regulation takes effect earlier than the day on which it is made, the regulation does not operate so as to—

            (a)         affect, in a manner prejudicial to any person (other than the Crown in right of the State), the rights of that person existing before that day; or

            (b)         impose liabilities on any person (other than the Crown in right of the State) in respect of anything done or omitted to be done before that day.



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