Northern Territory Numbered Acts

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JUSTICE AND LICENSING LEGISLATION FURTHER AMENDMENT ACT 2022 (NO 21 OF 2022) - SECT 22

Part 10 inserted

After section 50

insert

Part 10     Transitional matters for Justice and Licensing Legislation Further Amendment Act 2022

51     Definitions

"amending Act "means Part 3, Division 2 of the Justice and Licensing Legislation Further Amendment Act 2022 .

"commencement "means the commencement of the amending Act.

"Commissioner "means the Commissioner as defined in section 3(1) as in force immediately before the commencement.

52     Delegation

A delegation by the Commissioner of any of the Commissioner's powers or functions under this Act that is in force immediately before the commencement is taken to be a delegation by the Director made under section 33F.

53     Pending applications

    (1)     Subsection (2) applies in relation to an application if, before the commencement:

    (a)     the application had been made to the Commissioner under this Act; and

    (b)     the Commissioner had not made a decision on the application.

    (2)     The application must be dealt with and decided in accordance with this Act as in force immediately before the commencement.

    (3)     The decision made by the Commissioner on the application is taken to be a decision made by the Director under this Act.

54     Pending appeals

    (1)     Subsection (2) applies in relation to an appeal if, before the commencement:

    (a)     the appeal had been commenced under this Act; and

    (b)     a decision on the appeal had not been made.

    (2)     The appeal must be dealt with in accordance with this Act as in force immediately before the commencement.

55     Appeals not yet commenced

    (1)     Subsection (2) applies in relation to a decision if, before the commencement:

    (a)     the decision had been made by the Commissioner and the period for appealing the decision had not expired; and

    (b)     an appeal had not been commenced.

    (2)     A person who would have been entitled to appeal against the decision under this Act as in force immediately before the commencement may do so under this Act as in force after the commencement as if the decision had been made by the Director.

56     Continuation of ongoing documents and actions

    (1)     On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director.

    (2)     On the commencement, an ongoing action continues with the same force and effect as if it had been done by, or in relation to, the Director.

    (3)     This section applies subject to the other provisions of this Part.

    (4)     In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Part as if it had been done before the commencement.

    (5)     In this section:

"ongoing action" means an action or thing that:

    (a)     was done by, or in relation to, the Commissioner before the commencement in or for the exercise of a power or performance of a function under this Act that, on the commencement, is conferred on the Director; and

    (b)     immediately before the commencement, had ongoing effect.

"ongoing document" means a document that:

    (a)     was issued by, or given to, the Commissioner before the commencement in or for the exercise of a power or performance of a function under this Act that, on the commencement, is conferred on the Director; and

    (b)     immediately before the commencement, had ongoing effect.

57     Offence provisions – before and after commencement

    (1)     The offence provisions, as amended by the amending Act, apply only in relation to offences committed after the commencement.

    (2)     The offence provisions, as in force before the commencement, continue to apply in relation to offences committed before the commencement.

    (3)     For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.

    (4)     In this section:

"offence provisions" means the provisions of this Act that create or relate to offences (including in relation to criminal responsibility, defences and penalties).



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