152Proceedings that were on foot on commencement day

152 Proceedings that were on foot on commencement day

[Section 152 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  This section applies in relation to proceedings before a relevant Board or Tribunal that –

(a) were instituted or commenced before the commencement day; and

(b) have not been, before that day, finally determined by the relevant Board or Tribunal.

(2)  If proceedings, before a relevant Board or Tribunal, to which this section applies, had not been heard before the commencement day by the relevant Board or Tribunal, the proceedings are to be taken, on and from the commencement day, to have been instituted or commenced before the Tribunal established under this Act and may be heard and determined instead by that Tribunal.

(3)  If a relevant Board or Tribunal had, before the commencement day, begun to hear, but had not determined, proceedings, before the relevant Board or Tribunal, to which this section applies –

(a) the person or persons constituting the Board or Tribunal for those proceedings are to continue, on and from the commencement day, to hear and determine the matter to which the proceedings relate, sitting as the Tribunal established under this Act; and

(b) the Tribunal may have regard to any record of the proceedings before the relevant Board or Tribunal, including a record of any evidence taken in the proceedings before the relevant Board or Tribunal.

(4)  For the purposes of subsections (2) and (3) , in relation to proceedings to which those subsections relate –

(a) the Tribunal established by this Act has and may perform and exercise all the functions and powers that the relevant Board or Tribunal, to which the proceedings related before the commencement day, had immediately before that day; and

(b) the provisions of any Act or instrument of a legislative character that would have applied to or in respect of the proceedings, had this Act not commenced on the commencement day, continue to apply.