Applications decided but not given effect before commencement
1269 Applications decided but not given effect before commencement
This section applies if the Minister or chief executive has decided an application under the unamended Act but the process following the decision has not been completed.
The Minister or chief executive must complete the process under the unamended Act after the commencement as if the unamended Act had not been amended.
If the completion of the process results in the issue of an authorisation under the unamended Act, the authorisation is taken to continue in force under the corresponding provisions of the amended Act according to its terms and conditions.
If the completion of the process results in the variation of a notice under the unamended Act, the variation is taken to continue in force under the corresponding provisions of the amended Act according to its terms and conditions.Example for subsection (4)—If the Minister grants an application to vary a moratorium notice under the unamended Act, the effect of the variation for the applicant continues under the amended Act.
A review of, or an appeal against, a decision of the Minister or the chief executive must be dealt with under the unamended Act.
This Act’s bill:Explanatory memorandum
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