SCHEDULE 2 - Savings and Trans SCHEDULE 2 - Savings and Transitional Provisions

Section 57

1.   Existing licences

(1) A licence for an establishment that was in force under the former Act immediately before the commencement date is taken to have been issued under this Act.

(2) The licence is taken to be subject to the conditions specified in the licence immediately before the commencement date.

(3) Nothing in subclause (2) affects the operation of section 22 .

2.   Pending applications for licences

(1) An application for a licence for an establishment made under the former Act that has not been determined before the repeal of section 61 of the former Act is taken to be an application for a licence under section 9 .

(2) If the Secretary has, under section 61 of the former Act, approved (whether or not subject to conditions) the plans and specifications relating to any building to be constructed, altered or extended that accompany an application for a licence for an establishment, the Secretary –

(a) may not, under section 10 of this Act, impose a condition relating to the construction or design of the building on an approval of the application in principle; and

(b) may, without limiting the operation of Division 2 of Part 4 , refuse an application if the building is not constructed, altered or extended in accordance with those plans and specifications or if a condition to which the approval of the plans and specifications was subject has not been complied with.

3.   Pending applications to transfer licences

An application to transfer a licence for an establishment made under section 61 of the former Act that has not been determined before the commencement date is taken to have been made under this Act and is to be dealt with in accordance with this Act.