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Consumer Affairs and Fair Trading Act 1990
Part 10or 14 (other than section 162); and
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Part 10 or 14 (other than section 162); 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.
Consumer Affairs and Fair Trading Act 1990 153
5 Pending appeals
(1) Subparagraph (2) applies in relation to an appeal if, before the
(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.
6 Appeals not yet commenced
(1) Subparagraph (2) applies in relation to a decision if, before the
(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.
7 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
(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
(3) This paragraph applies subject to the other provisions of this Part.
(4) In this paragraph, 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.
Consumer Affairs and Fair Trading Act 1990 154
(5) In this paragraph:
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.
8 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
(3) For this paragraph, 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 paragraph:
offence provisions means the provisions of this Act that create or
relate to offences (including in relation to criminal responsibility,
defences and penalties).
Part 5 Transitional matters for Statute Law Amendment (NTCAT
Conferral of Jurisdiction) Act 2023
amending Act means the Statute Law Amendment (NTCAT
Conferral of Jurisdiction) Act 2023.
commencement means the commencement of Part 8 of the
amending Act.
Consumer Affairs and Fair Trading Act 1990 155
former Act means this Act as in force immediately before the
former appeal provisions means section 139, 151 or 269 of the
former Act.
2 Fair reporting objections and orders made before
commencement
(1) Section 119 of the former Act continues to apply after the
commencement in relation to a notice of objection served on a
reporting agency or trader by a person under section 119(1) of the
former Act before the commencement.
(2) Section 121 of the former Act continues to apply after the
commencement in relation to an order made by the Local Court
under section 119(6) of the former Act before the commencement.
3 Fair reporting appeals not commenced before commencement
(1) This paragraph applies to a person if, immediately before the
commencement, the person:
(a) was entitled to appeal to the Local Court under section 119(5)
of the former Act; and
(b) had not yet commenced an appeal.
(2) The person may appeal to the Local Court under section 119(5) of
the former Act, as if Part 8 of the amending Act had not
commenced.
(3) The Local Court must hear and determine the person's appeal in
accordance with section 119(5) and (6) of the former Act, as if