Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:2_12:p1
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 2 cl 12 (pt 1/2)
Character Range: 235282–237912

12  Servicing licences and public weighbridge licences continue in force

(1) If a person holds a servicing licence under an earlier corresponding law (an old licence) immediately before the transition day, the old licence has effect on and after the transition day as if it were a servicing licence granted under section 18NB of the new law (a new licence).

(2) If a person holds a public weighbridge licence under an earlier corresponding law (also an old licence) immediately before the transition day, the old licence has effect on and after the transition day as if it were a public weighbridge licence granted under section 18PB of the new law (also a new licence).

(3) Any condition to which an old licence was subject under an earlier corresponding law immediately before the transition day continues in force as a condition of the new licence imposed:
 (a) in the case of a servicing licence—under section 18NG of the new law; or
 (b) in the case of a public weighbridge licence—under section 18PG of the new law.

(4) However, if a condition mentioned in subitem (3) is inconsistent with:
 (a) in the case of a servicing licence—a condition on all servicing licences under section 18NH of the new law; or
 (b) in the case of a public weighbridge licence—a condition on all public weighbridge licences under section 18PH of the new law; or
 (c) any other condition prescribed for the purposes of this paragraph;
the condition mentioned in paragraph (a), (b) or (c) prevails and, to the extent of the inconsistency, the condition mentioned in subitem (3) does not have effect.

(5) Nothing in this item prevents the imposition, variation or revocation of a condition on a new licence under the new law on or after the transition day.

(6) The new licence continues in effect until:
 (a) if the old licence was subject to a periodic licence fee under a periodic licence fee provision—the day on which the next fee was payable; or
 (b) the new licence is cancelled under the new law.

(7) The Secretary must:
 (a) approve a mark for use by the servicing licensee and employee of the servicing licensee when verifying measuring instruments; and
 (b) give the servicing licensee written notice including the details of the mark.

(8) If, immediately before the transition day, the old licence is suspended under an earlier corresponding law, on the transition day the new licence is taken to be suspended under the new law for the period ending on the day on which the suspension of the old licence would have ended under the earlier corresponding law.

(9) For the purposes of this item, each of the following is a periodic