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LOCAL GOVERNMENT REGULATION 2012 - REG 315
Competitive neutrality complaints started before commencement
315 Competitive neutrality complaints started before commencement
(1) This section applies if— (a) before the commencement— (i) a person
made a competitive neutrality complaint in relation to a business entity under
chapter 6 of the repealed Business Activities Regulation; and
(ii) a local
government appointed a referee to investigate and report on the complaint; and
(b) at the commencement— (i) the referee’s investigation and report on the
complaint has not been finalised; and
(ii) the complaint has not been
withdrawn.
(2) Chapter 6 of the repealed Business Activities Regulation
continues to apply in relation to the competitive neutrality complaint despite
the repeal of those provisions under this regulation.
(3) Without limiting
subsection (2)— (a) the referee must continue to investigate and report on
the competitive neutrality complaint; and
(b) the local government must
comply with sections 146 and 148 of the repealed Business Activities
Regulation.
(4) To remove any doubt, it is declared that chapter 3, part 2,
division 7 applies in relation to a competitive neutrality complaint about a
business entity if— (a) the complaint was made before the commencement; and
(b) at the commencement, a local government had not appointed a referee to
investigate and report on the complaint.
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