Tasmanian Civil and Administrative Tribunal Act 2020
154Certain unexercised rights continue
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154 Certain unexercised rights continue
[Section 154 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) If a person had, immediately before the commencement day, a right (including a right exercisable only with leave) –
(a) to apply to a relevant Board or Tribunal to make a decision at first instance concerning a matter; or
(b) to apply to a relevant Board or Tribunal for a review of a decision of another person or body; or
(c) to appeal to a relevant Board or Tribunal against a decision of another person or body –
but had not, before that day, exercised that right, the person may apply or appeal to the Tribunal established under this Act for the performance and exercise of the same functions and powers that could have been performed or exercised by the relevant Board or Tribunal if that Board or Tribunal had not been abolished.
(2) For the purposes of subsection (1) –
(a) the Tribunal established by this Act has and may perform and exercise all the functions and powers that the relevant Board or Tribunal would have had in relation to the application or appeal if the application or appeal had been made before the commencement day, including any functions and powers relating to the granting of leave to apply or appeal; and
(b) the provisions of any Act or instrument of a legislative character, including provisions concerning the time within which to apply or appeal, that would have applied to or in respect of the proceedings, had this Act not commenced on the commencement day, continue to apply.