Other existing applications for prescribed notice
470 Other existing applications for prescribed notice
This section applies to an application for a prescribed notice (existing application) that—
was made under section 100 or 101 of the unamended Act; and
has not been decided or withdrawn at the commencement; and
is not an application to which section 466, 467, 468 or 469 applies.
The application is taken to be a prescribed notice application under the relevant provision (chapter 8 application) and, subject to subsection (5), chapter 8, part 4 applies to the application.
Subject to subsection (4), anything done or existing in relation to the existing application is taken to have been done or existing in relation to the chapter 8 application.Examples for subsection (3)—
1 The commissioner has given the person about whom the existing application is made a notice asking for stated information, including by way of a submission. The notice is taken to have been given in relation to the chapter 8 application.
2 The commissioner has requested police information about the person about whom the existing application is made from the police commissioner. The request is taken to have been made in relation to the chapter 8 application.
Subsection (3) applies only to the extent the thing can be done or in existence in relation to the chapter 8 application.
Despite section 231(2), a prescribed notice issued under this section remains current for 2 years after it is issued, unless it is earlier cancelled under chapter 8, part 4, division 11.
In this section—relevant provision means—
for an application under section 100 of the unamended Act—section 199; or
for an application under section 101 of the unamended Act—section 211.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.