Queensland Consolidated Acts

FOOD ACT 2006 - SECT 287

287 Dealing with articles seized under repealed Act

(1) Subsection (2) applies if—

(a) a person has applied to a Magistrates Court under section 33(1) of the repealed Act for an order directing an authorised officer to release an article seized by the officer; and

(b) the application has not been decided before the commencement.

(2) The Magistrates Court may hear, or continue to hear, and decide the application under the repealed Act as if this Act had not commenced.

(3) Subsection (4) applies if—

(a) immediately before the commencement a person could have applied to a Magistrates Court under section 33(1) of the repealed Act for an order mentioned in subsection (1)(a); and

(b) the person has not applied before the commencement.

(4) The person may apply, and the Magistrates Court may hear and decide the application, under the repealed Act as if this Act had not commenced.

(5) In deciding the application, the Magistrates Court may make any decision the court could have made in relation to the application before the commencement.

(6) In dealing with an article in relation to which an application under section 33(1) of the repealed Act was or could have been made before the commencement, section 33(7) to (9) of the repealed Act continues to apply to the article.