Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 115]
1 . Existing repair businesses
(1) This clause
applies to a person or firm if —
(a)
immediately before the commencement of section 9 the person or firm was
carrying on a business that consisted of, or included, the carrying out of any
class of repair work on motor vehicles; and
(b)
after that commencement that class of repair work is prescribed by the
regulations under section 5(3) for the purposes of Part 2.
(a)
comes within subclause (1); and
(b)
carries on business after the commencement of section 9 that involves any
class of repair work referred to in subclause (1)(b),
is to be treated,
during the transition period, as if he, she or they were the holder or holders
of a business licence for that class of repair work.
(3) The transition
period for a person or firm, in relation to any class of repair work, is from
the commencement of section 9 —
(a)
until the expiry of 12 months after that commencement;
(b)
until a business licence is granted to the person or firm for that class of
repair work; or
(c)
until the grant of a business licence to the person or firm for that class of
repair work has been refused and either —
(i)
the time for appeal against the refusal under
section 75 has expired without an appeal being brought; or
(ii)
an appeal has been brought but has been unsuccessful,
whichever happens
first.
(4) For the purposes
of subclause (3)(c) an appeal against a refusal is unsuccessful
if —
(a) it
results in the refusal being confirmed; or
(b) it
is withdrawn, discontinued or dismissed for want of prosecution.
(1) Despite
section 39 but subject to subclauses (2) and (3), a person or
any member of a firm referred to in section 39(1) may, until the expiry
of 12 months after the commencement of section 39 —
(a)
personally carry out any class of repair work on a motor vehicle in connection
with the business without holding a certificate for that class of repair
work; or
(b)
permit another person to carry out any class of repair work on a motor vehicle
without the other person holding a certificate for that class of repair work.
(2) A person is not
authorised by subclause (1)(a) to carry out any repair work
if —
(a) he
or she has been refused a repairer’s certificate, and is not granted a
provisional repairer’s certificate, for that class of repair work; and
(b)
either —
(i)
the time for appeal against the refusal under
section 75 has expired without an appeal being brought; or
(ii)
an appeal has been brought but has been unsuccessful.
(3) Another person
cannot be permitted to carry out any repair work as mentioned in
subclause (1)(b) if —
(a) the
person has been refused a repairer’s certificate, and is not granted a
provisional repairer’s certificate, for that class of repair work; and
(b)
either —
(i)
the time for appeal against the refusal under
section 75 has expired without an appeal being brought; or
(ii)
an appeal has been brought but has been unsuccessful.
(4) For the purposes
of subclauses (2)(b) and (3)(b) an appeal against a refusal is
unsuccessful if —
(a) it
results in the refusal being confirmed; or
(b) it
is withdrawn, discontinued or dismissed for want of prosecution.
3 . Regulations for transitional matters
(1) The regulations
may make provision for any transitional matter for which there is no
sufficient provision in this Schedule.
(2) If in the opinion
of the Minister an anomaly arises in the carrying out of any provision of this
Schedule, the regulations may —
(a)
modify that provision to remove the anomaly; and
(b) make
such provision as is necessary or expedient to carry out the intention of that
provision.
(3) Regulations may be
made for the purposes of this clause to have effect from the commencement of
this Act.
(4) To the extent that
a provision of any such regulation has effect on a day that is earlier than
the day of its publication in the Gazette , the provision does not operate so
as —
(a) to
affect, in a manner prejudicial to any person (other than the State), the
rights of that person existing before the day of publication; or
(b) to
impose liabilities on any person (other than the State) in respect of anything
done or omitted to be done before the day of publication.
(5) In
subclause (1) —
transitional matter means a matter or thing
necessary or convenient to provide for the change from the written law, as in
force before the commencement of this Act, to the written law as in force
after that commencement.