Part 11General

Part 11—General 11.1 Approved forms A form approved by the Authority or the Director for an application, notification or other document under a superseded Act as in force immediately before the commencement day is taken, on and after that day, to be a form approved by the Commission under this Act for the equivalent application, notification or document under this Act. 11.2 Applications in progress (1) An application for a licence, permit, authority, approval, declaration or other authorisation under a superseded Act that was made but not determined by the Authority or the Director before the commencement day may be determined by the Commission on or after that day as if it were an application under this Act for the equivalent licence, permit, authority, approval, declaration or other authorisation. (2) For the purposes of determining an application referred to in subsection (1), the Commission may have regard to any investigation undertaken by, any information before, or anything else done by, the Authority or the Director in relation to the application before the commencement day. 11.3 Destruction of finger prints Section 11.1.5 extends to any finger prints or palm prints obtained by the Authority or the Director under a superseded Act. 11.4 References to superseded Acts A reference to a superseded Act in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after the commencement day and if not inconsistent with the context or subject matter, be construed as a reference to this Act. Sch. 7 Pt 12 (Heading and cls 12.1–12.3) inserted by No. 54/2004 s. 11(1). Part 12—Gambling Regulation (Amendment) Act 2004 Sch. 7 cl. 12.1 inserted by No. 54/2004 s. 11(1). 12.1 Definition In this Part ***Tattersall's*** means Tattersall's Limited ACN 108 686 040. Sch. 7 cl. 12.2 inserted by No. 54/2004 s. 11(1). 12.2 Club keno (1) If Tattersall's becomes a participant within the meaning of Chapter 6 because of the transfer to it in accordance with section 12.3.2 of the gaming operator's licence held by the Trustees, Tattersall's has all the rights, liabilities and obligations that the Trustees had as such a participant immediately before the transfer. (2) An agreement made by the Minister under section 6.2.2 and in force immediately before the commencement of section 8 of the **Gambling Regulation (Amendment) Act 2004** continues, subject to this Act, in force on and after that commencement despite any change in the participants under Chapter 6 as amended by section 8 of that Act. (3) Without limiting subclause (2), Division 2 of Part 3 of Chapter 6 applies in relation to Tattersall's as if it and the Trustees were the one participant for the whole of any week in the course of which the transfer to Tattersall's in accordance with section 12.3.2 of the gaming operator's licence held by the Trustees took effect. Sch. 7 cl. 12.3 inserted by No. 54/2004 s. 11(1). 12.3 Compliance requirements (1) An exemption granted by the Authority under section 133(2) of the **Gaming Machine Control Act 1991** that, by force of clause 3.15(2), was taken to be an exemption granted by the Commission under section 3.7.5(2) and that was in force immediately before the commencement of section 11 of the **Gambling Regulation (Amendment) Act 2004** applies to Tattersall's, on and after that commencement, as if it were the holder of a gaming operator's licence named in the exemption. (2) An extension of time granted by the Treasurer under section 10(6) of the **Club Keno Act 1993** that, by force of clause 6.5, was taken to be an extension of time granted by the Treasurer under section 6.4.2(4) and that was in force immediately before the commencement of section 11 of the **Gambling Regulation (Amendment) Act 2004** applies to Tattersall's, on and after that commencement, as if it were a participant named in the exemption. Sch. 7 cl. 12.4 inserted by No. 54/2004 s. 11(2). 12.4 Audit requirements (1) Despite the repeal by section 6 of the **Gambling Regulation (Amendment) Act 2004** of section 3.7.6 of this Act, that section continues to apply with respect to any whole or part financial year completed before that repeal and, for this purpose, the holder of the gaming operator's licence and a declared operator of the licence immediately after that repeal has all the liabilities and obligations under that section as affected by this subclause that, but for the repeal, Tattersall's and the declared operator (as the case requires) would have had with respect to the relevant period. (2) Despite the repeal by section 7 of the **Gambling Regulation (Amendment) Act 2004** of sections 5.5.2(2) to (4), 5.5.3, 5.5.4 and 5.5.5 of this Act, those sections continue to apply with respect to any whole or part financial year completed before that repeal and, for this purpose, the public lottery licensee immediately after that repeal has all the rights, liabilities and obligations under those sections as affected by this subclause that, but for the repeal, Tattersall's would have had with respect to the relevant period. (3) Despite the repeal by section 9 of the **Gambling Regulation (Amendment) Act 2004** of sections 6.4.2, 6.4.3 and 6.4.4 of this Act, those sections continue to apply with respect to any whole or part financial year completed before that repeal and, for this purpose, the participants immediately after that repeal have all the liabilities and obligations under those sections as affected by this subclause that, but for the repeal, the participants as then existing would have had with respect to the relevant period. Sch. 7 Pt 13 (Heading and cls 13.1–13.6) inserted by No. 104/2004 s. 42.