Australian Capital Territory Numbered Acts

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PUBLIC HEALTH (MISCELLANEOUS PROVISIONS) ACT 1997 (NO. 70 OF 1997) - SECT 19

System licences—transitional

19. (1) If, immediately before the commencement day, an application had been made in accordance with section 42C of the unamended Building Act for a system licence but no decision had been made in relation to the application, the application is to be taken to have been made in accordance with section 29 of the new Public Health Act for an activity licence in relation to the public health risk activity referred to in subsection 17 (1) of this Act.

(2) If, immediately before the commencement day, an application had been made in accordance with section 42F of the unamended Building Act for the renewal of a system licence but no decision had been made in relation to the application, the application is to be taken to have been made in accordance with section 33 of the new Public Health Act for the renewal of the corresponding activity licence.

(3) If, immediately before the commencement day, an application had been made in accordance with section 42G of the unamended Building Act for the transfer of a system licence but no decision had been made in relation to the application, the application is to be taken to have been made in accordance with section 36 of the new Public Health Act for the transfer of the corresponding activity licence.

(4) If, immediately before the commencement day, the Building Controller had, under subsection 42J (1) of the unamended Building Act, given a notice to the holder of a system licence requiring the licensee to show cause why the licence should not be suspended, but no decision had been made in relation to the proposed suspension—

        (a)     the notice is to be taken to have been given to the licensee under subsection 39 (3) of the new Public Health Act in relation to the proposed suspension of the corresponding activity licence on the date on which the notice was given under subsection 42J (1) of the unamended Building Act;

        (b)     if an extension had been granted under subsection 42J (4) of the unamended Building Act in relation to the notice—the 28-day period referred to in subsection 39 (4) of the new Public Health Act is to be taken to have been extended accordingly; and

        (c)     the Minister may suspend the corresponding activity licence under paragraph 39 (4) (a) of the new Public Health Act if he or she has reasonable grounds for believing that—

              (i)     there exists a ground for suspension of the licence under subsection 42J (1) of the unamended Building Act, being a ground specified in the notice; and

              (ii)     such suspension is desirable in the interests of public health.



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