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LIQUOR CONTROL REFORM ACT 1998 - SCHEDULE 8

Schedule 8—Transitional provisions—
Casino and Liquor Legislation Amendment Act 2022

        1     Definitions

In this Schedule—

"amending Act" means the Casino and Liquor Legislation Amendment Act 2022 ;

"commencement day" means the day on which section 22 of the amending Act comes into operation;

"VGCCC" means the Victorian Gambling and Casino Control Commission established under Part 2 of the VGCCC Act;

"VGCCC Act" means the Victorian Gambling and Casino Control Commission Act 2011 .

        2     General transitional provision

    (1)     This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .

    (2)     This Schedule applies despite anything to the contrary in any other provision of this Act.

        3     Licences and BYO permits

A licence or BYO permit issued under this Act by the VGCCC that was in effect immediately before the commencement day remains in effect on and after that day, in accordance with its terms and conditions, as if it had been issued by the Commission.

        4     Proof of age card

A proof of age card issued under this Act by the VGCCC that was in effect immediately before the commencement day remains in effect on and after that day, in accordance with its terms and conditions, as if it had been issued by the Commission.

        5     Decision-making guidelines

A decision-making guideline that was in effect immediately before the commencement day under section 5 of the VGCCC Act in relation to the regulation of liquor remains in effect on and after that day as if it had been issued under section 172U(4) of this Act.

        6     Demerit points

Any demerit points recorded in the Register by the VGCCC before the commencement day that are in the Register immediately before that day remain on the Register as if they had been recorded by the Commission.

        7     Notices

    (1)     A notice given, issued or served by the VGCCC under this Act that is in force immediately before the commencement day is, on that day, taken to be a notice given, issued or served by the Commission.

    (2)     A notice given, issued or served by the VGCCC under the VGCCC Act in relation to the regulation of liquor that is in force immediately before the commencement day is, on that day, taken to be a notice given, issued or served by the Commission under this Act.

        8     Applications, approvals, decisions or other actions of VGCCC

    (1)     Subject to this Schedule, this clause applies if—

        (a)     before the commencement day the VGCCC commenced to do something required or permitted to be done under this Act; and

        (b)     the VGCCC has not completed that thing before the commencement day.

    (2)     On and after the commencement day, the Commission may continue to do and complete that thing under this Act as amended by the amending Act.

    (3)     Anything done by the VGCCC before the commencement day in respect of that thing is, on and after that day, taken to have been done by the Commission.

    (4)     On the commencement day, the Commission is, by force of this subclause, substituted as a party to any proceeding pending in any court or tribunal under this Act to which the VGCCC was a party immediately before that day.

        9     Investigations and inquiries under the VGCCC Act in relation to liquor

    (1)     A liquor investigation commenced but not completed by the VGCCC before the commencement day may be continued and completed by the Commission on and after that day as if it were an investigation under Division 1 of Part 9B.

    (2)     A liquor inquiry commenced but not completed by the VGCCC before the commencement day may be continued and completed by the Commission on and after that day as if it were an inquiry under Division 2 of Part 9B.

    (3)     Anything done by the VGCCC before the commencement day in respect of the liquor investigation or liquor inquiry is, on and after that day, taken to have been done by the Commission.

    (4)     In this clause—

"liquor inquiry" means an inquiry under Division 2 of Part 3 of the VGCCC Act for the purposes of performing the VGCCC's functions or duties, or exercising its powers, under this Act or the regulations, including a community interest inquiry;

"liquor investigation" means an investigation under Division 1 of Part 3 of the VGCCC Act for the purposes of performing the VGCCC's functions or duties, or exercising its powers, under this Act or the regulations.

        10     Applications and objections made before commencement day

    (1)     An application to the VGCCC under this Act that was made but not determined before the commencement day is taken, on and after that day, to be an application made to the Commission.

    (2)     An objection made to the VGCCC under this Act before the commencement day in relation to a matter that has not been determined before that day is taken, on and after that day, to be an objection made to the Commission.

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