9ACompletion of certain uncompleted functions under repealed Act or statutory rule

#### 9A Completion of certain uncompleted functions under repealed Act or statutory rule 9A Completion of certain uncompleted functions under repealed Act or statutory rule > > (1) Meaning of “uncompleted function” This clause applies to the exercise of a function under a repealed Act or repealed statutory rule (an uncompleted function) if it— > > > > > (a) was begun (but not completed) before the repeal day, and > > > > > (b) cannot be completed under this Act because— > > > > > > > (i) there is no corresponding function under this Act, or > > > > > > > (ii) the corresponding function under this Act does not allow it to be completed in the same way as it was under the repealed Act or repealed statutory rule. > > > (2) If authorisation to complete was not required The following provisions apply if the completion of the uncompleted function would not have required the granting of authorisation by the Minister under the repealed Act or repealed statutory rule— > > > > > (a) the person who began to exercise the function (or the person’s successor if abolished or reconstituted) may complete the uncompleted function in accordance with the repealed Act or repealed statutory rule, > > > > > (b) anything that results from the completed function is taken to have the same effect that it would have had if the repealed Act or repealed statutory rule had not been repealed. > > > > Note. > > > > For example, this subclause would cover situations where an expression of interest or tender for a lease under a repealed Act was issued by a reserve trust managed by a local council before the repeal day for a term that exceeds the maximum term for a lease that a local council can grant as a Crown land manager under this Act. > > > > Division 3.4 generally requires local councils that are Crown land managers of dedicated or reserved Crown land to manage their land as community land under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), including in relation to the granting of leases. Section 46 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) provides that a lease over community land cannot exceed 30 years. > > > (3) If authorisation to complete would have been required The following provisions apply if the completion of the uncompleted function would have required the granting of authorisation by the Minister under the repealed Act or repealed statutory rule— > > > > > (a) the Minister may grant the authorisation in the same way as the Minister could under the repealed Act or repealed statutory rule if satisfied that it will enable an agreement, undertaking, commitment or other arrangement entered into or given in good faith before the repeal day (whether by the Minister or another person or body authorised to exercise the function) to be completed, > > > > > (b) the person who began to exercise the function (or the person’s successor if abolished or reconstituted) may complete the uncompleted function in accordance with the authorisation and the repealed Act or repealed statutory rule, > > > > > (c) anything that results from the completed function is taken to have the same effect that it would have had if the repealed Act or repealed statutory rule had not been repealed. > > > (4) Effect of previous authorisation Without limiting subclause (3), the following provisions apply if the Minister had previously granted authorisation for the exercise of the uncompleted function under the repealed Act or repealed statutory rule— > > > > > (a) the Minister may vary or revoke the authorisation in the same way as the Minister could under the repealed Act or repealed statutory rule, > > > > > (b) the person who began to exercise the function (or the person’s successor if abolished or reconstituted) may complete the uncompleted function in accordance with the previous authorisation (as varied) and the repealed Act or repealed statutory rule, > > > > > (c) anything that results from the completed function is taken to have the same effect that it would have had if the repealed Act or repealed statutory rule had not been repealed. > > > (5) Relationship with this Act and [Local Government Act 1993](/view/html/inforce/current/act-1993-030) Subject to the regulations, this clause has effect despite anything to the contrary in this Act or the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) (including in respect of maximum terms for leases, licences or permits). > > > (6) Definitions In this clause— > > > > authorisation includes the granting of approval or consent. > > > > complete includes finalise. > > > > the Minister, in relation to a repealed Act or repealed statutory rule, includes the Minister administering the Act or rule.