Pending applications and proceedings under former Act
25 Pending applications and proceedings under former Act
Any licence, authorisation, approval or other matter granted or determined under a provision of the former Act (as continued by this clause) is taken to have been granted or determined under the corresponding provision of this Act.
Proceedings pending before the Licensing Court If, before the relevant repeal date, proceedings in relation to any matter under the former Act or any other Act were commenced in the former Court but the former Court had not determined the matter—
the matter may continue to be dealt with and determined by the Local Court as if it were sitting as the former Court, and
the provisions of the former Act continue to apply, as if they had not been repealed, for the purposes of—
the hearing and determination of the matter, and
any appeal against the former Court’s determination of the matter.
In hearing and determining a matter that is the subject of any such pending proceedings, the Local Court has the same jurisdiction as the former Court had immediately before it was abolished.
Matters being dealt with by the Liquor Administration Board If, before the repeal of section 72 of the former Act, any matter was being dealt with by the former Board (including by any person to whom the functions of the Board were delegated under section 75 of the former Act) but had not been determined by the date of that repeal—
the former Board (or the person to whom those functions were delegated) is to continue to deal with the matter as if the former Board had not been abolished, and
the provisions of the former Act continue to apply in relation to the determination of the matter by the former Board (or by the person to whom those functions were delegated) as if those provisions had not been repealed by this Act.
If any such pending matter before the former Board is not determined within such period as may be prescribed by the regulations, the Authority may deal with the matter instead under the corresponding provision of this Act.
The continuation of the provisions of the former Act for the purposes of this clause is subject to such modifications as may be prescribed by the regulations.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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