Queensland Numbered Acts

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PRIMARY INDUSTRIES AND OTHER ACTS AMENDMENT ACT 2008 No. 22 - SECT 37

37 Replacement of ch 9

Chapter 9--

omit, insert--

'In this chapter--

access rights register means the register of that name kept by the commissioner before the commencement day under repealed section 69.

commencement day means the day this chapter commences.

commissioner means the Sugar Industry Commissioner holding office under this Act before the commencement day.

'(1) This section applies to a permit to pass that was in force immediately before the commencement day.

'(2) If the permit does not state a period for which it has effect--

(a) section 63(4) does not apply to the permit; and
(b) the permit is taken to have effect until it is cancelled or otherwise stops having effect under this Act.

'An access right granted by the commissioner, that was in force immediately before the commencement day, continues in force according to its terms as if it had been granted by the Land Court.

'(1) An application to the commissioner under old section 65 that, immediately before the commencement day, had not been decided by the commissioner is taken to be an application to the Land Court under new section 65.

'(2) An application to the commissioner under old section 72 that, immediately before the commencement day, had not been decided by the commissioner is taken to be an application to the Land Court under new section 72.

'(3) An application to a Magistrates Court under old section 75 that, immediately before the commencement day, had not been finally dealt with by the Magistrates Court is taken to be an application to the Land Court under new section 75.

'(4) The president of the Land Court may give--

(a) a direction or order that an application mentioned in this section, and any materials relating to the application that were held by the commissioner or before a Magistrates Court, be taken to be part of the proceeding before the Land Court; and
(b) any other necessary directions about how a proceeding under this section is to be dealt with.

'(5) The chief executive must take all reasonable steps to make any applications mentioned in subsections (1) and (2), and any materials relating to the applications that were held by the commissioner, available to the Land Court.

'(6) The registrar of a Magistrates Court must take all reasonable steps to make any applications mentioned in subsection (3), and any materials relating to the applications that were before the Magistrates Court, available to the Land Court.

'(7) In this section--

new means as in force from the commencement day.

old means as in force before the commencement day.

'(1) This section applies if--

(a) a valuer was appointed under section 68 or 73 to decide an amount; and
(b) immediately before the commencement day, the valuer had not finally decided the amount.

'(2) Section 68 or 73, as in force immediately before the commencement day, continues to apply in relation to the making, effect and costs of the decision.

'(1) On the commencement day, the access rights register becomes the property of the registrar.

'(2) The registrar must ensure that, for each current access right recorded in the access rights register immediately before the commencement day, a notice appears in the relevant register kept under the Land Act 1994 or the Land Title Act 1994 so that a search of the register will show the existence of the access right.

'(1) An order made by the commissioner before the commencement day under old section 74, that was in force immediately before the commencement day, continues in force according to its terms as if it had been made by the Land Court.

'(2) In this section--

old means as in force before the commencement day.

'(1) On the commencement day, the commissioner goes out of office.

'(2) No compensation is payable to the commissioner because of subsection (1).

'(1) An agreement or arrangement in force immediately before the commencement day, between the commissioner and another entity, is taken to be an agreement or arrangement between the State and the entity.

'(2) A proceeding that could have been started or continued by or against the commissioner before the commencement day may be started or continued by or against the State.

'On the commencement day, an asset or liability of the commissioner, in the commissioner's capacity as commissioner under this Act, immediately before the commencement day becomes an asset or liability of the State.

'(1) A person's employment by the commissioner immediately before the commencement day is, on the commencement day, taken to be lawfully terminated under the Industrial Relations Act 1999.

'(2) The person has the rights given to an employee whose employment has been lawfully terminated under that Act.

'(3) The rights given to the person may be exercised against the State as if the State had been the employer who terminated the person's employment.

'A document to which section 271 applied immediately before the commencement day continues to be exempt matter under the Freedom of Information Act 1992.

'(1) This section applies in relation to a decision of the commissioner, made before the commencement day, from which a person had a right of appeal under section 234 before the commencement day.

'(2) The appeal may be started or continued on or after the commencement day and, for that purpose--

(a) section 234, as in force before the commencement day, continues to apply; and
(b) the chief executive is the respondent in place of the commissioner.

'(1) This section applies in relation to a decision of the commissioner made before the commencement day under section 65 or 72(3).

'(2) An appeal against the decision may be started or continued on or after the commencement day and, for that purpose--

(a) section 235, as in force before the commencement day, continues to apply; and
(b) the chief executive is the respondent in place of the commissioner.'.


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