41ATransfer of certain regulatory authorisations

#### 41A Transfer of certain regulatory authorisations 41A Transfer of certain regulatory authorisations > > (1) This clause applies to each regulatory authorisation held by or on behalf of a reconstituted or abolished body (an existing regulatory authorisation). > > > (2) Each of the existing regulatory authorisations becomes a regulatory authorisation of the successor body for the reconstituted or abolished body (the transferred regulatory authorisation) on the repeal day for the purposes of the Act or statutory rule (the relevant State legislation) under which the existing regulatory authorisation was issued. > > > (3) The provisions of the relevant State legislation apply in relation to a successor body in relation to a transferred regulatory authorisation subject to any modifications prescribed by the regulations. > > > (4) The Minister is not to recommend the making of a regulation for the purposes of subclause (3) unless the Minister administering the Act or statutory rule proposed to be modified has consented to the modification concerned. > > > (5) The person or body (a regulatory body) that has the function under the relevant State legislation of issuing regulatory authorisations of the same kind as a transferred regulatory authorisation must, at the request of the successor body, re-issue the transferred regulatory authorisation in the name of the successor body (with substantially the same terms, conditions and endorsements as the transferred regulatory authorisation). > > > (6) No fee or charge is payable by a successor body to a regulatory body for or in respect of the exercise of any function by the regulatory body in connection with the transfer or re-issue of a regulatory authorisation by operation of, or under, this clause. > > > (6A) The following provisions apply in relation to a transitional reserve trust— > > > > > (a) any regulatory authorisation held by or on behalf of the reserve trust immediately before the repeal day continues to be held by or on behalf of it while the reserve trust is in existence during its continuation period, > > > > > (b) this clause applies on the transition day to any regulatory authorisation held by or on behalf of the reserve trust immediately before that day as if the reference in subclause (2) to the repeal day were a reference to the transition day. > > > (7) In this clause— > > > > issued includes given. > > > > reconstituted or abolished body means each of the following— > > > > > (a) a reconstituted or abolished reserve trust, > > > > > (b) an abolished trust for special trust land referred to in clause 12, > > > > > (c) an abolished trust over institutional public trust land, > > > > > (d) the abolished Trust for the Orange Show Ground. > > > > regulatory authorisation means a licence, permit, consent, entitlement, accreditation or other authority under an Act or statutory rule, including (but not limited to) the following— > > > > > (a) a licence under the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114), > > > > > (b) a licence under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090), > > > > > (c) a poker machine entitlement or licence under the [Gaming Machines Act 2001](/view/html/inforce/current/act-2001-127), > > > > > (d) a licence under the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045), > > > > > (e) any other licence, permit, consent, entitlement, accreditation or other authority of a kind prescribed by the regulations. > > > > successor body means— > > > > > (a) for a reconstituted or abolished reserve trust—a statutory land manager, local council or corporation that is taken by clause 11 to have been appointed as the Crown land manager of the former trust land (as defined in that clause), and > > > > > (b) for an abolished trust for special trust land referred to in clause 12—a statutory land manager taken by clause 12 to have been appointed as the Crown land manager of the trust’s land, and > > > > > (c) for an abolished trust over institutional public trust land—a statutory land manager, local council or corporation taken by clause 13 to have been appointed as the Crown land manager of the trust’s land, and > > > > > (d) for the abolished Trust for the Orange Show Ground—the Orange City Council.