sch.3-sec.24Pending relevant Minister decisions for binding no-coverage determinations under old scheme

sch.3-sec.24 Pending relevant Minister decisions for binding no-coverage determinations under old scheme

This clause applies if— an old scheme relevant Minister has received a recommendation of the NCC under section 13J of the old access law before the commencement day but the old scheme relevant Minister has not made a determination under section 13J of the old access law in relation to that recommendation before that day; or an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 23 on or after the commencement day. On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law, make a decision under section 13K of the old access law in relation to that recommendation as if the old access law continued to apply. A decision made in accordance with subclause (2) is deemed to be, on the relevant transition date— if the decision is a binding no-coverage determination—a 15-year no-coverage determination; if the decision is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162. In this clause— relevant transition date means, if an application is not made under section 38 of the old access law for a review of the decision within the time specified by that section—the day after the last day an application could have been made under that section. (sch.3-sec.24-ssec.1) This clause applies if— an old scheme relevant Minister has received a recommendation of the NCC under section 13J of the old access law before the commencement day but the old scheme relevant Minister has not made a determination under section 13J of the old access law in relation to that recommendation before that day; or an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 23 on or after the commencement day. (sch.3-sec.24-ssec.2) On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law, make a decision under section 13K of the old access law in relation to that recommendation as if the old access law continued to apply. (sch.3-sec.24-ssec.3) A decision made in accordance with subclause (2) is deemed to be, on the relevant transition date— if the decision is a binding no-coverage determination—a 15-year no-coverage determination; if the decision is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162. (sch.3-sec.24-ssec.4) In this clause— relevant transition date means, if an application is not made under section 38 of the old access law for a review of the decision within the time specified by that section—the day after the last day an application could have been made under that section.

• (a) an old scheme relevant Minister has received a recommendation of the NCC under section 13J of the old access law before the commencement day but the old scheme relevant Minister has not made a determination under section 13J of the old access law in relation to that recommendation before that day; or