Savings and Transitional Provisions
Schedule 1 Savings and Transitional Provisions
Section 224
1. Interpretation In this Schedule –
amending Act means the Liquor Licensing Amendment (Liquor and Gaming Administrative Restructuring) Act 2015;
Board means the Board within the meaning of the former Act;
commencement day means the day on which the amending Act commences;
former Act means this Act as in force immediately before the commencement day.
amending Act means the Liquor Licensing Amendment (Liquor and Gaming Administrative Restructuring) Act 2015;
amending Act
Board means the Board within the meaning of the former Act;
Board
commencement day means the day on which the amending Act commences;
commencement day
former Act means this Act as in force immediately before the commencement day.
former Act
2. Abolition of Board
The Board is abolished on the commencement day.
The appointment of each member of the Board is revoked.
A member of the Board is not entitled to receive any benefit in respect of the revocation of his or her appointment as such a member.
3. General liquor exemptions A general liquor exemption, granted by the Board under the former Act, that is in force immediately before the commencement day, is taken, on and after that day, to be a general liquor exemption granted by the Commissioner under this Act.
4. Liquor restriction orders A liquor restriction order, made by the Board under the former Act, that is in force immediately before the commencement day, is taken, on and after that day, to be a liquor restriction order made by the Commissioner under this Act.
5. Pending applications for liquor licence
An application for a liquor licence under section 23 of the former Act that has not been determined before the commencement day is taken to have been made under this Act and is to be dealt with by the Commissioner in accordance with this Act.
If, before the commencement day, an application for a liquor licence has been referred to the Board for a hearing under section 24(2) of the former Act and that hearing has, immediately before the commencement day, commenced but has not been completed, that hearing is to be terminated and the application is to be dealt with by the Commissioner in accordance with this Act.
6. Certain hearings of the Board If, before the commencement day, an application for a hearing has been made under section 39(5) or 42(1) of the former Act and that hearing has, immediately before the commencement day, commenced but has not been concluded, the hearing is to be discontinued and the matter is to be dealt with by the Commissioner in accordance with this Act.
7. Appeals against decisions of the Commissioner to Board If an appeal has been made to the Board under section 211 of the former Act before the commencement day and that appeal has not been determined by the Board before that day, the appeal is to be dealt with by the Commission in accordance with Division 2 of Part 5 of this Act as if that appeal had been lodged with the Commission.
8. Supreme Court hearings If, before the commencement day, the Board has stated a case for the opinion of the Supreme Court under section 215 and the Supreme Court has not, before that day, determined the case, the Supreme Court is to, on or after the commencement day –
hear and determine the question of law before it as if the case stated by the Board were a case stated by the Commission; and
remit its decision to the Commission.
9. Continuation of proceedings Any legal or other proceedings that might, before the commencement day, have been continued or instituted by or against the Board may, on and after that day, be continued or instituted by or against the Commission.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.