Disability Services Act 2006
sec.370Existing suspension of positive notice or positive exemption notice
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sec.370 Existing suspension of positive notice or positive exemption notice
This section applies if, immediately before the commencement— former section 74 applied to a person and a prescribed event under that section had not happened for the person; or a current positive notice held by a person was suspended under former section 86; or a current positive exemption notice held by a person was suspended under former section 88. The person’s transitioned clearance is taken to have been suspended under new section 111. The chief executive must give the person, and each notifiable person for the person, a notice that states— the person’s transitioned clearance is taken to have been suspended under new section 111; and how long the suspension will continue; and the effect of the suspension. An application under former section 87 or 89 to cancel the person’s suspended positive notice or positive exemption notice that, immediately before the commencement, had not been decided or withdrawn is taken to be an application under new section 116 to end the suspension under subsection (2). The suspension and application may be dealt with under the amended Act. However, the person may not apply under new section 116 to end the suspension under subsection (2) until 6 months after the commencement. s 370 ins 2020 No. 39 s 24 (sec.370-ssec.1) This section applies if, immediately before the commencement— former section 74 applied to a person and a prescribed event under that section had not happened for the person; or a current positive notice held by a person was suspended under former section 86; or a current positive exemption notice held by a person was suspended under former section 88. (sec.370-ssec.2) The person’s transitioned clearance is taken to have been suspended under new section 111. (sec.370-ssec.3) The chief executive must give the person, and each notifiable person for the person, a notice that states— the person’s transitioned clearance is taken to have been suspended under new section 111; and how long the suspension will continue; and the effect of the suspension. (sec.370-ssec.4) An application under former section 87 or 89 to cancel the person’s suspended positive notice or positive exemption notice that, immediately before the commencement, had not been decided or withdrawn is taken to be an application under new section 116 to end the suspension under subsection (2). (sec.370-ssec.5) The suspension and application may be dealt with under the amended Act. (sec.370-ssec.6) However, the person may not apply under new section 116 to end the suspension under subsection (2) until 6 months after the commencement.
- (a) former section 74 applied to a person and a prescribed event under that section had not happened for the person; or
- (b) a current positive notice held by a person was suspended under former section 86; or
- (c) a current positive exemption notice held by a person was suspended under former section 88.