Western Australian Current Acts Western Australian Current Acts (1) Subject to this
Subdivision, the former classification provisions continue to apply (to the
extent relevant) to and in relation to a person who is the subject of
proceedings before the State Administrative Tribunal or a court under or in
respect of this Act that were commenced —
(a)
before commencement day; or
(b) on
or after commencement day if the proceedings relate to —
(i)
any proceedings commenced before commencement day; or
(ii)
any matter where the right to commence those proceedings
arose before commencement day and the period for commencing those proceedings
had not expired before commencement day; or
(iii)
any matter where the right to commence those proceedings
expired before commencement day but the State Administrative Tribunal or a
court grants an extension of time to commence those proceedings; or
(iv)
any matter to which subsection (4) or any of sections 63
to 67 apply.
(2) Subsection
(1)(b)(i) and (ii) extend to a case where the period for commencing
proceedings expires and the State Administrative Tribunal or a court grants an
extension of time to commence the proceedings.
(3) The former
classification provisions apply under subsection (1) pending the outcome of
the proceedings (and subject to subsection (4) and the other provisions of
this Subdivision).
(4) Subject to this
Subdivision —
(a) if,
as a result of proceedings referred to in subsection (1), an assessment notice
is issued to the person who was the subject of the proceedings, the former
classification provisions continue to apply to and in relation to the person
until that assessment notice ceases to have effect or the person applies for a
further assessment notice under Part 2 Division 1 (whichever occurs first);
and
(b) if,
as a result of proceedings referred to in subsection (1), a negative notice
still applies in relation to the person who was the subject of the
proceedings, the former classification provisions continue to apply to and in
relation to the person —
(i)
until all rights of review and appeal have been
exhausted; and
(ii)
if an assessment notice is issued as a result of a review
or appeal — until that assessment notice ceases to have effect or the
person applies for a further assessment notice under Part 2 Division 1
(whichever occurs first).
[Section 68 inserted: No. 47 of 2022 s. 44.]