sec.1028Applications under old s 365(1) continued

### sec.1028 Applications under old s 365(1) continued This section applies to an application made under old section 365(1) that, immediately before the commencement— had not been finally decided by the commission; or had been finally decided by the commission but for which the period for an appeal or review of the decision had not finished; or the application had been finally decided by the commission but for which an appeal or review of the commission’s decision had not been finally decided. The application is taken to have been made under section 338. Without limiting subsection (2), an appeal or review in relation to a decision by the commission about the application may be started or continued as if the application and the decision about the application, had been made under this Act. (sec.1028-ssec.1) This section applies to an application made under old section 365(1) that, immediately before the commencement— had not been finally decided by the commission; or had been finally decided by the commission but for which the period for an appeal or review of the decision had not finished; or the application had been finally decided by the commission but for which an appeal or review of the commission’s decision had not been finally decided. (sec.1028-ssec.2) The application is taken to have been made under section 338. (sec.1028-ssec.3) Without limiting subsection (2), an appeal or review in relation to a decision by the commission about the application may be started or continued as if the application and the decision about the application, had been made under this Act. - (a) had not been finally decided by the commission; or - (b) had been finally decided by the commission but for which the period for an appeal or review of the decision had not finished; or - (c) the application had been finally decided by the commission but for which an appeal or review of the commission’s decision had not been finally decided.