Northern Territory Numbered Acts

NORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL (CONFERRAL OF JURISDICTION AMENDMENTS) (NO. 2) ACT 2014 (NO 35 OF 2014) - SECT 20

After regulation 98

insert

99     Definitions

"commencement" means the commencement of Part 3 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 .

"former legislation" means the following as in force immediately before the commencement:

    (a)     the Act and these Regulations;

    (b)     the Lands, Planning and Mining Tribunal Act .

"former Tribunal" means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act .

"new legislation" means the following as in force after the commencement:

    (a)     the Act and these Regulations;

    (b)     the Northern Territory Civil and Administrative Tribunal Act .

100     Review of or appeal against Commissioner's decision notified before commencement

    (1)     This regulation applies if:

    (a)     before the commencement, the Commissioner had given a person a relevant notice for a decision; and

    (b)     one of the following circumstances applies:

        (i)     immediately before the commencement, the review or appeal period had not expired and the person had not applied for a review of, or appeal against, the decision;

        (ii)     before the commencement, the person had applied for a review of, or appealed against, the decision within the review or appeal period and the proceeding for the review or appeal had not been decided by the former Tribunal.

    (2)     If the circumstance mentioned in subregulation (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of the person to apply for a review or, or to appeal against, the decision within the review or appeal period.

    (3)     The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the review or appeal regardless of whether the proceeding:

    (a)     was being conducted before the commencement; or

    (b)     is started after the commencement within the review period.

    (4)     In this regulation:

"relevant notice", for a decision, means one of the following:

    (a)     a review notice;

    (b)     a notice of a dispute decision given under regulation 32(4).

"review or appeal period" means the period within which a person given a relevant notice is entitled to apply for a review of, or to appeal against, the decision mentioned in the notice.

101     Commissioner's decision made after commencement

    (1)     This regulation applies if:

    (a)     a person had made an application to the Commissioner before the commencement; and

    (b)     the Commissioner decides the application after the commencement.

    (2)     The new legislation applies in relation to:

    (a)     giving notice of the decision; and

    (b)     a person's entitlement to apply for a review of the decision.

102     Referrals to former Tribunal

    (1)     This regulation applies if, before the commencement:

    (a)     the Commissioner had referred a matter to the former Tribunal; and

    (b)     the former Tribunal had not decided the matter.

    (2)     The former Tribunal must continue to deal with the matter in accordance with the former legislation.