Declaration about period between 1 February 2017 and commencement
347 Declaration about period between 1 February 2017 and commencement
This section applies in relation to the period (the relevant period) from the commencement of the amending Act, part 2, division 2 on 1 February 2017 to the commencement of this section.
To remove any doubt, it is declared that, during the relevant period—
no licence or permit is taken to have been subject to a lock out condition by force of repealed section 142AB; and
the granting of an extended trading hours approval, and anything done in relation to an extended trading hours approval, was as valid as it would have been if a reference in section 86(1)(b) or 155AD to a 3a.m. safe night precinct were a reference to a safe night precinct.
The rights and liabilities of all persons are declared to be, and to have been throughout the relevant period, for all purposes the same as if—
repealed section 142AB had never been in force; and
a reference in section 86(1)(b) or 155AD to a 3a.m. safe night precinct were a reference to a safe night precinct.
Subsections (2) and (3)—
do not apply for the purpose of a legal proceeding decided before the commencement; but
otherwise apply for all purposes, including—
a legal proceeding started, but not decided, before the commencement; and
a legal proceeding started after the commencement.
However, despite subsection (3)(b), an act done or omission made during the relevant period is not an offence against section 155AD(2)(b)(ii) or (3)(b)(ii) to the extent it would not have been an offence against that provision if the amending Act, section 9 had not commenced.
In this section—
lock out condition has the meaning given by repealed section 142AB.
repealed section 142AB means section 142AB inserted in this Act by the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016, section 38.
Note—
Repealed section 142AB was repealed, immediately after it commenced, by the Liquor and Other Legislation Amendment Act 2017, section 8.
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