Transitional provision
11I Transitional provision
This section applies to every person (an existing operator) that immediately before the commencement of an order under section 11A is undertaking any activity that, after that commencement, is required to be licensed under section 11G.
An existing operator that wishes to apply for a licence in respect of an activity referred to in subsection (1) must do so within 4 months after the commencement of the relevant order.
An existing operator is to be treated as if the person were the holder of the relevant licence —
until the expiry of 12 months after the commencement of the relevant order; or
until —
a licence of that kind is granted to the person or is refused; and
in the case of a refusal, the time for an application under section 11ZH for review of the decision expires without an application being made or an application is made but is unsuccessful,
whichever happens first.
For the purposes of paragraph (b)(ii) of subsection (3) an application is unsuccessful if it —
results in the refusal referred to in paragraph (b)(i) of that subsection being confirmed; or
is withdrawn, discontinued or dismissed.
[Section 11I inserted: No. 20 of 1999 s. 8; amended: No. 55 of 2004 s. 296.]
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