Disability Services Act 2006
sec.309Existing exemption notice application if person is new disqualified person but not new relevant disqualified person
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sec.309 Existing exemption notice application if person is new disqualified person but not new relevant disqualified person
This section applies if— before the commencement an exemption notice application was made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person is a new disqualified person but not a new relevant disqualified person. At the commencement the chief executive must decide the application under the amended Act. However, if before the commencement the chief executive had under section 82 cancelled a negative exemption notice issued to the person, on the commencement section 54(6)(a) does not apply to the chief executive making the decision. The chief executive may only act under section 61(3) if the chief executive has acted under section 62 after the commencement. s 309 ins 2013 No. 14 s 31 (sec.309-ssec.1) This section applies if— before the commencement an exemption notice application was made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person is a new disqualified person but not a new relevant disqualified person. (sec.309-ssec.2) At the commencement the chief executive must decide the application under the amended Act. (sec.309-ssec.3) However, if before the commencement the chief executive had under section 82 cancelled a negative exemption notice issued to the person, on the commencement section 54(6)(a) does not apply to the chief executive making the decision. (sec.309-ssec.4) The chief executive may only act under section 61(3) if the chief executive has acted under section 62 after the commencement.
- (a) before the commencement an exemption notice application was made about a person; and
- (b) immediately before the commencement the application had not been decided or withdrawn; and
- (c) at the commencement the person is a new disqualified person but not a new relevant disqualified person.