sec.106Existing applications for review of decisions

sec.106 Existing applications for review of decisions

Subsection (2) applies to a review of a decision in relation to a former approval mentioned in the expired regulation, section 45(1) started under section 485 or 485A of the Act . The expired regulation continues to apply in relation to the review as if that regulation had not expired. However, the decision on the review is taken to be a decision made under this regulation in relation to a boat harbour approval of the same type as the former approval. Subsection (5) applies if, immediately before the commencement— a person could have, but had not, applied under section 485 or 485A of the Act for a review of a decision in relation to a former approval mentioned in the expired regulation, section 45(1); and the period within which the person could apply for the review had not ended. Section 94 applies in relation to the review for the period mentioned in subsection (4)(b) as if the decision were an original decision mentioned in section 94 in relation to a boat harbour approval of the same type as the former approval. Subsection (5) does not apply to a decision of the chief executive under the expired regulation to refuse to grant a suspension or cancellation of a former approval applied for by the holder. (sec.106-ssec.1) Subsection (2) applies to a review of a decision in relation to a former approval mentioned in the expired regulation, section 45(1) started under section 485 or 485A of the Act . (sec.106-ssec.2) The expired regulation continues to apply in relation to the review as if that regulation had not expired. (sec.106-ssec.3) However, the decision on the review is taken to be a decision made under this regulation in relation to a boat harbour approval of the same type as the former approval. (sec.106-ssec.4) Subsection (5) applies if, immediately before the commencement— a person could have, but had not, applied under section 485 or 485A of the Act for a review of a decision in relation to a former approval mentioned in the expired regulation, section 45(1); and the period within which the person could apply for the review had not ended. (sec.106-ssec.5) Section 94 applies in relation to the review for the period mentioned in subsection (4)(b) as if the decision were an original decision mentioned in section 94 in relation to a boat harbour approval of the same type as the former approval. (sec.106-ssec.6) Subsection (5) does not apply to a decision of the chief executive under the expired regulation to refuse to grant a suspension or cancellation of a former approval applied for by the holder.

• (a) a person could have, but had not, applied under section 485 or 485A of the Act for a review of a decision in relation to a former approval mentioned in the expired regulation, section 45(1); and
• (b) the period within which the person could apply for the review had not ended.