SCHEDULE 2 - Savings and transSCHEDULE 2 - Savings and transitional provisions relating to crowd control

# SCHEDULE 2 - Savings and trans SCHEDULE 2 - Savings and transitional provisions relating to crowd control [*\[Schedule 2 Inserted by No. 58 of 2005, s. 37, Applied:01 Jan 2006\]*](/view/html/inforce/2006-01-01/act-2005-058#GS37@EN) [Section 43A](#GS43A@EN) > **1.   **Interpretation**** > > > In this Schedule – > > > > > ***commencement day*** means 1 January 2006; > > > > > ***repealed Act*** means the [Crowd Controllers Act 1999](/view/html/inforce/2026-04-12/act-1999-005) . > **2.   **Certain persons taken to hold crowd control agent licences**** > > > > (1) In this clause – > > > > > > > ***prescribed person*** means a person who, immediately before the commencement day, holds the competency requirements prescribed for the purposes of [section 5(2)](/view/html/inforce/2026-04-12/act-1999-005#GS5@Gs2@EN) of the repealed Act, other than – > > > > > > > > > > (a) a licensee; or > > > > > > > > > > > (b) a person in respect of whom an order under [section 6](/view/html/inforce/2026-04-12/act-1999-005#GS6@EN) or [9(3)](/view/html/inforce/2026-04-12/act-1999-005#GS9@Gs3@EN) of the repealed Act is in effect. > > > > > (2) If immediately before the commencement day a prescribed person was taken under [section 13](/view/html/inforce/2026-04-12/act-1999-005#GS13@EN) of the repealed Act to be the employer of crowd controllers, that person is taken to hold an agent licence authorising the operation of a crowd control agency until 1 April 2006 and this Act applies in respect of that licence. > **3.   **Certain persons taken to hold crowd controller licences**** > > > > (1) In this clause – > > > > > > > ***prescribed person*** means a person who holds the competency requirements prescribed for the purposes of [section 5(1)](/view/html/inforce/2026-04-12/act-1999-005#GS5@Gs1@EN) of the repealed Act, other than – > > > > > > > > > > (a) a licensee; or > > > > > > > > > > > (b) a person in charge of licensed premises; or > > > > > > > > > > > (c) a person to whom [clause 2](#JS2@GC2@EN) applies; or > > > > > > > > > > > (d) a person in respect of whom an order under [section 6](/view/html/inforce/2026-04-12/act-1999-005#GS6@EN) or [9(3)](/view/html/inforce/2026-04-12/act-1999-005#GS9@Gs3@EN) of the repealed Act is in effect. > > > > > (2) A prescribed person is taken to hold an employee licence authorising the undertaking of crowd control activities until 1 April 2006, and this Act applies in respect of that licence, if – > > > > > > > > (a) at any time during the year 2005 the prescribed person carried out the functions of a crowd controller, within the meaning of the repealed Act; or > > > > > > > > > (b) immediately before the commencement day the prescribed person was eligible to carry out the functions of a crowd controller, within the meaning of the repealed Act. > **4.   **Competency requirements**** > > > > (1) A person – > > > > > > > > (a) who has the competency requirements prescribed for the purposes of [section 5(1)](/view/html/inforce/2026-04-12/act-1999-005#GS5@Gs1@EN) of the repealed Act is taken to have the competency standards determined under [section 9](#GS9@EN) in relation to the holder of an employee licence authorising the undertaking of crowd control activities; or > > > > > > > > > (b) who – > > > > > > > > > > > > (i) was undertaking a course of study or training immediately before the commencement day; and > > > > > > > > > > > > > (ii) on successful completion of that course of study or training would have the competency requirements prescribed for the purposes of [section 5(1)](/view/html/inforce/2026-04-12/act-1999-005#GS5@Gs1@EN) of the repealed Act – > > > > > > is taken on and after that successful completion to have the competency standards determined under [section 9](#GS9@EN) in relation to the holder of an employee licence authorising the undertaking of crowd control activities. > > > > > (2) A person who has the competency requirements prescribed for the purposes of [section 5(2)](/view/html/inforce/2026-04-12/act-1999-005#GS5@Gs2@EN) of the repealed Act is taken to have the competency standards determined under [section 9](#GS9@EN) in relation to the holder of an agent licence authorising the operation of a crowd control agency. > > > > > (3) A person who – > > > > > > > > (a) was undertaking a course of study or training immediately before the commencement day; and > > > > > > > > > (b) on successful completion of that course of study or training would have the competency requirements prescribed for the purposes of [section 5(2)](/view/html/inforce/2026-04-12/act-1999-005#GS5@Gs2@EN) of the repealed Act – > > > > > > is taken on and after that successful completion to have the competency standards determined under [section 9](#GS9@EN) in relation to the holder of an agent licence authorising the operation of a crowd control agency. > **5.   **Orders under [section 6](/view/html/inforce/2026-04-12/act-1999-005#GS6@EN) of repealed Act**** > > > > (1) In this clause – > > > > > > > ***section 6 order*** means an order under [section 6](/view/html/inforce/2026-04-12/act-1999-005#GS6@EN) of the repealed Act that is in effect immediately before the commencement day. > > > > > (2) A section 6 order prohibiting a person from carrying out the functions of a crowd controller – > > > > > > > > (a) continues to have effect for the period specified in it; and > > > > > > > > > (b) is taken to prohibit the person from undertaking crowd control activities. > > > > > (3) A section 6 order prohibiting a person from engaging in the business of supplying the services of crowd controllers – > > > > > > > > (a) continues to have effect for the period specified in it; and > > > > > > > > > (b) is taken to prohibit the person from undertaking crowd control activities and operating a crowd control agency. > **6.   **Applications under [section 7](/view/html/inforce/2026-04-12/act-1999-005#GS7@EN) of repealed Act**** > > > > (1) If immediately before the commencement day an application had been made under [section 7](/view/html/inforce/2026-04-12/act-1999-005#GS7@EN) of the repealed Act but not finally determined, proceedings in respect of that application may be continued and, subject to [subclause (2)](#JS2@GC6@Gc2@EN) , the repealed Act continues to apply in relation to that application and those proceedings. > > > > > (2) If on an application referred to in [subclause (1)](#JS2@GC6@Gc1@EN) the court considers it appropriate to make an order under [section 9(3)](/view/html/inforce/2026-04-12/act-1999-005#GS9@Gs3@EN) of the repealed Act in respect of a person, instead of making that order the court is to make an order under [section 16(2)](#GS16@Gs2@EN) of this Act suspending the licence held by that person. > > > > > (3) An order under [subclause (2)](#JS2@GC6@Gc2@EN) has effect for the period of not less than 12 months specified in the order. > > > > > (4) A person in respect of whom an order under [subclause (2)](#JS2@GC6@Gc2@EN) or under [section 9(3)](/view/html/inforce/2026-04-12/act-1999-005#GS9@Gs3@EN) of the repealed Act is in effect may apply to a magistrate for the amendment or revocation of that order. > > > > > (5) In determining an application referred to in [subclause (4)](#JS2@GC6@Gc4@EN) , the magistrate may – > > > > > > > > (a) amend the order; or > > > > > > > > > (b) revoke the order; or > > > > > > > > > (c) confirm the order and dismiss the application. > **7.   **Ineligibility to apply for licence**** > > > A person in respect of whom an order under [clause 6(2)](#JS2@GC6@Gc2@EN) , or under [section 6](/view/html/inforce/2026-04-12/act-1999-005#GS6@EN) or [9(3)](/view/html/inforce/2026-04-12/act-1999-005#GS9@Gs3@EN) of the repealed Act, is in effect is ineligible to apply for a licence. > **8.   **Prosecution for offence under repealed Act**** > > > > (1) The repeal of the repealed Act does not affect the taking or continuation of proceedings for an offence under that Act committed before the commencement day. > > > > > (2) If a court convicts a person of an offence under the repealed Act, the court may suspend a licence held by that person under [section 16(2)](#GS16@Gs2@EN) of this Act.