39CValidation of certain decisions made by the Board

#### 39C Validation of certain decisions made by the Board If: (a) a determination (the original determination) was made under the DRCA before the review pathway commencement day; and (b) on or after the review pathway commencement day, a decision (the reconsideration decision) was made under subsection 62(5) of the old DRCA affirming, revoking or varying the original determination; and (c) before the amending Act commencement day, the Board purported to review the reconsideration decision, and make a determination (the purported determination) on the review, as if it were reviewing a determination, reconsideration determination or reviewable decision under section 62 of the DRCA (as in force after the review pathway commencement day); then: (d) the purported determination of the Board is taken for all purposes to be, and to have always been, as valid and effective as it would have been if, at the time it was made, section 62 of the DRCA provided that the Board had the power to review the reconsideration decision; and (e) on and after the amending Act commencement day, the DRCA applies to the purported determination of the Board as if it were a determination made by the Board on review under section 62 of the DRCA as in force immediately before the amending Act commencement day. > Note: Paragraph (e) means that the purported determination of the Board may be reviewed by the Administrative Review Tribunal under Part 5 of Chapter 8 of the MRCA.