sec.389Obligations or powers arising before commencement in relation to prescribed notice or exemption notice

sec.389 Obligations or powers arising before commencement in relation to prescribed notice or exemption notice

This section applies if— before the commencement, the chief executive or another person was required or permitted under this Act to do, but did not do, something in relation to— a prescribed notice application or exemption notice application; or screening, under former part 5, a person who consented to the screening under former section 50; or a positive notice, a positive exemption notice, a negative notice or a negative exemption notice; and on the commencement, the period within which the chief executive or other person was required or permitted to do the thing has not ended. The chief executive or other person must or may do the thing under the amended Act in relation to— for a thing required or permitted to be done in relation to a prescribed notice application or exemption notice application—the transitioned application under section 372(2) or (3) for the application; or for a thing required or permitted to be done in relation to screening, under former part 5, a person who consented to the screening under former section 50—the person’s transitioned application under section 373(2); or for a thing required or permitted to be done in relation to a positive notice or positive exemption notice—the transitioned clearance under section 369(2) for the notice; or for a thing required or permitted to be done in relation to a negative notice or negative exemption notice—the transitioned exclusion under section 371(2) for the notice. The amended Act applies for the purpose of subsection (2) with necessary changes. This section does not limit another provision of this division. s 389 ins 2020 No. 39 s 24 (sec.389-ssec.1) This section applies if— before the commencement, the chief executive or another person was required or permitted under this Act to do, but did not do, something in relation to— a prescribed notice application or exemption notice application; or screening, under former part 5, a person who consented to the screening under former section 50; or a positive notice, a positive exemption notice, a negative notice or a negative exemption notice; and on the commencement, the period within which the chief executive or other person was required or permitted to do the thing has not ended. (sec.389-ssec.2) The chief executive or other person must or may do the thing under the amended Act in relation to— for a thing required or permitted to be done in relation to a prescribed notice application or exemption notice application—the transitioned application under section 372(2) or (3) for the application; or for a thing required or permitted to be done in relation to screening, under former part 5, a person who consented to the screening under former section 50—the person’s transitioned application under section 373(2); or for a thing required or permitted to be done in relation to a positive notice or positive exemption notice—the transitioned clearance under section 369(2) for the notice; or for a thing required or permitted to be done in relation to a negative notice or negative exemption notice—the transitioned exclusion under section 371(2) for the notice. (sec.389-ssec.3) The amended Act applies for the purpose of subsection (2) with necessary changes. (sec.389-ssec.4) This section does not limit another provision of this division.