Queensland Numbered Acts

GAMBLING LEGISLATION AMENDMENT ACT 2004 No. 21 - SECT 71

After section 263--

insert--

'In this part--

"commencement" means the day this part commences.

"pre-amended Act" means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004, part 5.

'(1) This section applies if--

(a) under the pre-amended Act, section 78 or 79, the chief executive has given a show cause notice to a key person licensee; and

(b) the notice has not been finally dealt with before the commencement.

'(2) For dealing with the show cause notice, the pre-amended Act continues to apply as if the Gambling Legislation Amendment Act 2004, part 5, had not commenced.

'(3) Subsection (4) applies if, under the pre-amended Act, a person could appeal to the Queensland Gaming Commission against a decision of the chief executive relating to the show cause notice.

'(4) The person may appeal, and the Queensland Gaming Commission may hear and decide the appeal, under the pre-amended Act.

'(1) Subsection (2) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 81(3), if--

(a) the chief executive gave the direction to the licensee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and

(b) before the commencement--

(i) the period for rectifying the matter under that Act has not ended; or

(ii) the period for rectifying the matter under that Act has ended and action has not been taken under section 82 of that Act in relation to a failure to comply with the direction.

'(2) A failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004, part 5, had not commenced.

'(3) Subsection (4) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 81(3), if--

(a) the chief executive gave the direction to the licensee without a show cause notice; and

(b) before the commencement--

(i) the period for rectifying the matter under that Act has not ended; or

(ii) the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.

'(4) A failure to comply with the direction is taken to be a contravention of a provision of this Act, other than a provision a contravention of which is an offence against this Act.

'(1) Subsection (2) applies if--

(a) a person has appealed to the Queensland Gaming Commission against a decision of the chief executive under the repealed provision; and

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

'(2) The Queensland Gaming Commission may hear, or continue to hear, and decide the appeal under the pre-amended Act.

'(3) Subsection (4) applies if--

(a) immediately before the commencement a person could have appealed to the Queensland Gaming Commission against a decision of the chief executive under the repealed provision; and

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

'(4) The person may appeal, and the Queensland Gaming Commission may hear and decide the appeal, under the pre-amended Act.

'(5) In this section--

"repealed provision" means the pre-amended Act, section 82.'.