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GAMBLING LEGISLATION AMENDMENT ACT 2004 No. 21 - SECT 85

85 Insertion of new pt 13, div 2

After section 244--

insert--

'In this division--

"commencement" means the day this division commences.

"pre-amended Act" means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004, part 6.

'(1) This section applies if--

(a) under the pre-amended Act, section 62 or 63, the chief executive has given a show cause notice to a licensed keno employee; 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 6, had not commenced.

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

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

'(1) This section applies to a direction to rectify a matter given to a licensed keno employee under the pre-amended Act, section 65, if, before the commencement--

(a) the period for rectifying the matter under that Act has not ended; or
(b) the period for rectifying the matter under that Act has ended and action has not been taken under section 66 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 6, had not commenced.

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

(a) a person has appealed to the Gaming Commission against a decision of the chief executive under the repealed provision; and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 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commencement a person could have appealed to the Gaming Commission against a decision of the chief executive under the repealed provision; and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 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"repealed provision" means the pre-amended Act, section 66.

'(1) This section applies to an authorised keno operator if, immediately before the commencement, the operator must not, under the pre-amended Act, section 153(2), do an act or thing mentioned in that subsection.

'(2) The pre-amended Act, section 153(2) and (3), continues to apply to the authorised keno operator as if the Gambling Legislation Amendment Act 2004, part 6, had not commenced.'.



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