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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  31 Oct 2014
Consolidated as at:  Sessional

SCHEDULE 1 - Transitional Provisions

Section 224

1. Commissioner to grant new liquor licences and liquor permits

      (1) The Commissioner shall, as soon as practicable after the commencement of this Act, review each licence, permit or certificate issued under the Licensing Act 1976 and in force immediately before the commencement of this Act, and shall grant to the holder of the licence, permit or certificate an appropriate licence or permit, or both under Part 2 of this Act.

      (2) A licence or permit or a licence and permit –

(a) shall be granted by the Commissioner –

(i) without payment of any application fee; and

(ii) without reference to the Board; and

(b) shall authorize, subject to this Act, the continuation of the activities previously carried out by virtue of the licence, permit or certificate granted under the Licensing Act 1976.

      (3) Until such time as an appropriate licence or permit or licence and permit are granted, the holder of a licence, permit or certificate granted under the Licensing Act 1976 and in force immediately before the commencement of this Act is to be taken to be the holder of a licence or permit or a licence and permit granted under this Act authorizing, subject to this Act, the continuation of the activities previously carried out by virtue of the licence, permit or certificate granted under the Licensing Act 1976.

      (4) A person granted a licence or permit or a licence and permit may appeal to the Board against the decision of the Commissioner in respect of –

(a) the type of licence or permit granted; or

(b) the conditions subject to which any licence or permit was granted –

and the provisions of Division 2 of Part 5 have effect in respect of any such appeal.

2. Commissioner to licence, &c., tourist accommodation

      (1) The Commissioner shall, as soon as practicable after the commencement of this Act, review the registration of tourist accommodation registered in accordance with section 16 of the Tourism Act 1977 immediately before the commencement of this Act and shall, in each case, grant to the person providing that accommodation an appropriate licence or permit under Part 3 of this Act.

      (2) A licence or permit granted shall be granted without payment of any application fee.

      (3) Until such time as an appropriate licence or permit is granted in respect of any tourist accommodation the person providing that accommodation shall be taken to be the holder of a licence or permit granted under this Act authorizing, subject to this Act, the continuation of the activities previously carried on in respect of the tourist accommodation by virtue of the registration of that accommodation in accordance with section 16 of the Tourism Act 1977.

      (4) A person granted a licence or permit may appeal to the Board against the decision of the Commissioner in respect of –

(a) the classification of the tourist accommodation; or

(b) the conditions subject to which a permit was granted –

and the provisions of Division 2 of Part 5 have effect in respect of any such appeal.

3. Commissioner to license, &c., wine producers, &c.

      (1) The Commissioner shall, as soon as practicable after the commencement of this Act, review the registration of people registered in accordance with regulation 4 of the Licensing (Tasmanian Wine Appellation) Regulations 1990 and shall grant to each person so registered a wine producers licence in accordance with Part 4 of this Act.

      (2) A licence granted shall be granted without payment of any application fee.

      (3) Until such time as a wine producers licence is granted a person registered under regulation 4 of the Licensing (Tasmanian Wine Appellation) Regulations 1990 immediately before the commencement of this Act is to be taken to be the holder of a wine producers licence granted under this Act authorizing, subject to this Act, the continuation of the activities previously carried on by virtue of the registration under regulation 4 of the Licensing (Tasmanian Wine Appellation) Regulations 1990.

      (4) A label approved by the Commissioner in accordance with regulation 6 of the Licensing (Tasmanian Wine Appellation) Regulations 1990 shall be taken to be a label approved by the Commissioner in accordance with Part 4 of this Act.

      (5) A wine that the Commissioner has approved in accordance with regulation 7 (3) of the Licensing (Tasmanian Wine Appellation) Regulations 1990 as satisfying the specified standards shall be taken to have been certified by the Commissioner as complying with the wine standards applicable to that class of wine in accordance with Part 4 of this Act.

4. Members of Licensing Board to continue in office

A person who, immediately before the commencement of this Act, was a member of the Licensing Board of Tasmania established under the Licensing Act 1976 is, on that commencement, a member of the Board as if that person had been appointed under section 206(2) for a term expiring on the same date as that person's term would have expired under the Licensing Act 1976.

5. The Commissioner for Licensing to continue in office

The person who, immediately before the commencement of this Act, was the Commissioner for Licensing under the Licensing Act 1976 is, on that commencement, the Commissioner under this Act as if that person had been appointed under section 207(2), except that that person's term expires on the same date as it would have expired under the Licensing Act 1976.

6. Applications

      (1) Any application for –

(a) a licence, permit or certificate under the Licensing Act 1976; or

(b) registration of tourist accommodation under the Tourism Act 1977; or

(c) registration or an approval under the Licensing (Tasmanian Wine Appellation) Regulations 1990

made before the commencement of this Act and not finally determined before that commencement shall be dealt with as if it were an application made under this Act for an appropriate licence, permit or approval.

      (2) For the purpose of subclause (1), an application has not been finally determined until any period for making an appeal against the decision made in respect of the application has expired.