Tasmanian Numbered Acts

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ECONOMIC REGULATOR (CONSEQUENTIAL AMENDMENTS) ACT 2009 (NO. 59 OF 2009) - SECT 170

Section 101 inserted
After section 100 of the Principal Act , the following section is inserted in Part 7:

101.     Transitional provisions on enactment of Economic Regulator (Consequential Amendments) Act 2009

(1)  In this section –
Director means the Director of Gas as appointed under the Gas Act 2000 as in force immediately before the transition day;
former Act means this Act as in force immediately before the transition day;
transition day means the day on which the Economic Regulator Act 2009 commences.
(2)  Except as otherwise provided by this section or the regulations –
(a) a delegation, requirement, direction, notice, publication of a document, approval, authorisation, agreement, determination, other decision or other act made, given, done or omitted to be done by the Director before the transition day is taken, if appropriate, to have been made, given, done or omitted to be done by the Regulator; and
(b) a pipeline licence issued by the Director and in force immediately before the transition day continues and is taken to have been issued by the Regulator, and anything done or omitted to be done by the Director in relation to that licence is taken to have been done or omitted by the Regulator; and
(c) a fee fixed by the Director under a provision of the former Act that is in force immediately before the transition day is taken to have been fixed by the Regulator under that provision of this Act; and
(d) a fine imposed by the Director under section 14 of the former Act that is in force immediately before the transition day is taken to have been imposed by the Regulator under section 14 of this Act; and
(e) an application, notice, other document or information provided to the Director is taken, if appropriate, to have been provided to the Regulator; and
(f) a reference to the Director in a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) , (d) or (e) is taken, if appropriate, to be or include a reference to the Regulator; and
(g) a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) , (d) or (e) made by the Director and in force immediately before the transition day is taken, if appropriate, to have been made by the Regulator.
(3)  On and after the transition day, the following provisions apply except as otherwise provided by this section or the regulations:
(a) a legal or other proceeding that could have been instituted immediately before the transition day by or against the Director may be instituted by or against the Regulator;
(b) a legal or other proceeding that is pending immediately before the transition day and was instituted by or against the Director may be continued by or against the Regulator;
(c) a document relating to a legal proceeding referred to in paragraph (b) served on or by the Director before the transition day is taken to have been served on or by the Regulator;
(d) a judgment or order of a court obtained by or against the Director before the transition day may be enforced by or against the Regulator;
(e) a reference to the Director in a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) is taken to be, or to include, a reference to the Regulator.


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