Applications for review not made or determined before commencement
48 Applications for review not made or determined before commencement
(1) Subsection (2) applies to a complainant or registered architect if, immediately before the commencement, the complainant or registered architect:
(a) was entitled to apply to the Minister for a review of a determination of the Board under the former review provisions; and
(b) had not yet made an application for review of the Board's determination.
(2) The complainant or registered architect may apply to the Minister for review of the Board's determination in accordance with the former review provisions, as if the amending Act had not commenced.
(3) The Minister must determine any application for review made under subsection (2) in accordance with the former review provisions, as if the amending Act had not commenced.
(4) Subsection (5) applies in relation to an application to the Minister for review of a determination of the Board that:
(a) was made by a complainant or registered architect under the former review provisions before the commencement; and
(b) had not yet been finally determined by the Minister before the commencement.
(5) The Minister must continue to determine the application for review in accordance with the former review provisions, as if the amending Act had not commenced.
(6) An appeal to the Local Court against a decision made by the Minister on the review under subsection (3) or (5) may be commenced by the complainant or registered architect in accordance with the former appeal provisions, as if the amending Act had not commenced.
(7) The Local Court must hear and determine any appeal commenced under subsection (6) in accordance with the former appeal provisions, as if the amending Act had not commenced.
In this section:
former appeal provisions means sections 23F to 23H of this Act, as in force immediately before the commencement.
former review provisions means section 23E of this Act, as in force immediately before the commencement.
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