Northern Territory Numbered Acts

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LICENSING (REPEALS AND CONSEQUENTIAL AMENDMENTS) ACT 2014 (NO 44 OF 2014) - SECT 10

Part 7, Division 3 inserted

After section 84

insert

Division 3     Transitional matters for Licensing (Director-General) Act 2014

85     Definitions

In this Division:

2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.

2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014 .

"commencement" means the commencement of section 22 of the Licensing (Director-General) Act 2014 .

"Commission" means the Commission as defined in section 3 of the NTLC Act.

"NTLC Act" means the Northern Territory Licensing Commission Act as in force immediately before the commencement.

"NTLC Director" means the Director as defined in section 3 of the NTLC Act.

"old legislation" means the NTLC Act and this Act, as in force immediately before the commencement.

86     Application to NTLC Director – pending decision

    (1)     This section applies if, before the commencement:

    (a)     an application had been made under this Act for a decision to be made by the NTLC Director; but

    (b)     the NTLC Director had not made a decision on the application.

    (2)     The application:

    (a)     is taken to be an application made on the commencement for the decision to be made by the Director-General; and

    (b)     must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.

Note for section 86

The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.

87     New review regime applies to post-commencement decisions

Part 5B applies only in relation to decisions made after the commencement.

88     Review of pre-commencement decision – application not yet made

    (1)     This section applies if, before the commencement:

    (a)     a decision had been made under this Act and the period for applying for a review of the decision under the Gaming Control (Commission Procedures) Regulations , as then in force, had not expired; but

    (b)     an application for a review of the decision had not been made.

    (2)     A person who would have been entitled to apply for a review of the decision under the old legislation may do so under the old legislation, as if the 2014 Acts had not commenced.

    (3)     The Commission must review the decision in accordance with the old legislation as if the 2014 Acts had not commenced.

89     Review of pre-commencement decision – application made

    (1)     This section applies if, before the commencement:

    (a)     an application had been made under the Gaming Control (Commission Procedures) Regulations , as then in force, for a review of a decision made under this Act; but

    (b)     the Commission had not completed the review.

    (2)     The Commission must complete the review in accordance with the old legislation as if the 2014 Acts had not commenced.

90     Continuation of ongoing documents and things

    (1)     This section applies if:

    (a)     before the commencement, a power or function was conferred by this Act on the Commission or NTLC Director; and

    (b)     on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.

    (2)     On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.

    (3)     On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.

    (4)     This section applies subject to the other provisions of this Division and Part 5, Division 2 of the Licensing (Director-General) Act .

    (5)     In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Division as if it had been done before the commencement.

    (6)     In this section:

"ongoing document" means a document that:

    (a)     was issued by, or given to, the Commission or NTLC Director before the commencement in or for the exercise of the power or performance of the function; and

    (b)     immediately before the commencement, had ongoing effect.

"ongoing thing" means a thing that:

    (a)     was done by, or in relation to, the Commission or NTLC Director before the commencement in or for the exercise of the power or performance of the function; and

    (b)     immediately before the commencement, had ongoing effect.

91     Protection of NTLC Director continues

Despite the amendment made to section 79 by the 2014 Amending Act, that section continues to apply to the NTLC Director as if the 2014 Amendment Act had not commenced.



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