After section 39--
insert--
'(1) This section applies to a proceeding before the tribunal that was started before the commencement and has not been decided by the tribunal.
'(2) For hearing, or continuing to hear, and making a decision on the proceeding, this Act as in force before the commencement continues to apply as if the Primary Industries Legislation Amendment Act 2006, part 8 had not commenced.
'(3) In this section--
commencement means the day this section commences.'.