Australian Capital Territory Numbered Acts

LIQUOR (AMENDMENT) ACT (NO. 2) 1990 (NO. 56 OF 1990) - SECT 51

51. (1) Subject to this section, where, immediately before the commencement date, a decision had not been made in respect of an application under or for the purposes of the former Act for—

        (a)     a licence;

        (b)     the transfer of a licence;

        (c)     the renewal of a licence;

        (d)     the suspension of a licence or the issue of a reprimand to a licensee;

        (e)     the cancellation of a licence;

        (f)     the alteration of licensed premises;

        (g)     the closure of licensed premises;

        (h)     a permit; or

              (i)     the cancellation of a permit;

after the commencement date—

        (j)     in the case of an application referred to in paragraphs (a), (b), (c), (f), (g) and (h)—that application is to be taken to have been made under or for the purposes of the corresponding provision of the amended Act; and

        (k)     in the case of an application referred to in paragraphs (d), (e) and (i)—that application is to be taken to have been referred, under the relevant provision of the amended Act, as a matter for the consideration of the Board in accordance with Part XII of the amended Act;

and that Act applies in relation to any decision in respect of that application or matter, as the case requires.

(2) Where, before the commencement date—

        (a)     a hearing had been commenced before the Authority in relation to an application or other matter under the former Act; and

        (b)     the hearing had not been concluded;

the hearing may be continued after the commencement date before the Authority as constituted at the commencement of the hearing and continued in existence after that date for that purpose and the former Act shall, by force of this section, continue to apply to and in relation to that hearing.

(3) Notwithstanding the repeal of Part XIII of the former Act, where—

        (a)     an appeal lay to the Supreme Court in respect of a decision of the Authority in relation to a matter under or for the purposes of the former Act; and

        (b)     immediately before the commencement date—

              (i)     no appeal had been lodged in respect of that decision; and

              (ii)     the time for appeal had not expired;

on and after the commencement date an application may be made to the Australian Capital Territory Administrative Appeals Tribunal for review of that decision as if it were a decision of the Board in respect of that matter, and the amended Act applies to and in relation to any decision by the Tribunal in respect of that matter.

(4) Notwithstanding the repeal of Part XIII, where, before the commencement date, appeal proceedings had been instituted in the Supreme Court in respect of a decision of the Authority under the former Act but those proceedings had not been completed before that date, those proceedings may be continued and determined as if the former Act had continued in force.

(5) In this section—