Victorian Numbered Acts Victorian Numbered ActsAfter section 97 of the Wildlife Act 1975 insert —
(1) This section applies to a wildlife licence if—
(a) it is issued under section 22 by the Secretary in the prescribed category of Game Bird Farmer Licence; and
(b) it is in force immediately before the commencement day.
(2) On and after the commencement day, the wildlife licence is taken to be a wildlife licence issued by the Game Management Authority in respect of specified birds and remains in force for the period specified in the licence unless sooner cancelled, suspended or surrendered.
(3) Any conditions, limitations and restrictions imposed on the wildlife licence by the Secretary that are in force immediately before the commencement day are, on and after that day, taken to be conditions, limitations and restrictions imposed by the Game Management Authority.
(4) In this section—
"commencement day" means the day on which section 30 of the Game Management Authority Act 2014 comes into operation;
"Game Bird Farmer Licence" means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013.
(1) This section applies if, immediately before the commencement day—
(a) a person has applied for a licence under section 22 in the prescribed category of Game Bird Farmer Licence; and
(b) the Secretary has not determined the application.
(2) On and after the commencement day the Game Management Authority must determine the application as if the person had applied to the Game Management Authority for a licence under section 22 in respect of specified birds.
(3) For the purposes of this section, section 22 as in force immediately before the commencement day applies as if a reference to the Secretary were a reference to the Game Management Authority.
(4) In this section—
"commencement day" means the day on which section 30 of the Game Management Authority Act 2014 comes into operation;
"Game Bird Farmer Licence" means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013.
(1) This section applies to a game licence if—
(a) it is issued under section 22A by the Secretary; and
(b) it is in force immediately before the commencement day.
(2) On and after the commencement day, the game licence is taken to be a game licence issued by the Game Management Authority and remains in force for the period specified in the licence unless sooner cancelled, suspended or surrendered.
(3) Any conditions, limitations and restrictions imposed on the game licence by the Secretary that are in force immediately before the commencement day are, on and after that day, taken to be conditions, limitations and restrictions imposed by the Game Management Authority.
(4) In this section—
"commencement day" means the day on which section 31 of the Game Management Authority Act 2014 comes into operation.
(1) This section applies if, immediately before the commencement day—
(a) a person has applied to the Secretary for a game licence under section 22A; and
(b) the Secretary has not made a decision to grant or refuse the licence.
(2) On and after the commencement day the Game Management Authority must determine the application.
(3) In this section—
"commencement day" means the day on which section 31 of the Game Management Authority Act 2014 comes into operation.
(1) This section applies if, before the commencement day, the Secretary—
(a) has, under section 25A(2), notified the holder of—
(i) a licence issued under section 22 in the prescribed category of Game Bird Farmer Licence; or
(ii) a game licence—
that the Secretary proposes to cancel that licence; and
(b) has not made a decision in accordance with section 25A.
(2) On and after the commencement day, section 25A continues to apply as in force immediately before that day until the Secretary makes a decision under that section and notifies the licence holder of that decision.
(3) A decision made by the Secretary on or after the commencement day under section 25A as in force immediately before that day, is taken to be a decision made by the Game Management Authority.
(4) In this section—
"commencement day" means the day on which section 34 of the Game Management Authority Act 2014 comes into operation;
"Game Bird Farmer Licence" means a Game Bird Farm Licence within the meaning of the Wildlife Regulations 2013.
(1) This section applies if, immediately before the commencement day—
(a) the Secretary has, under Part III, suspended a wildlife licence issued in the prescribed category of Game Bird Farmer Licence or a game licence and allowed the holder of that licence to make written submissions in relation to that suspension under section 25C; and
(b) the licence holder—
(i) has made submissions; or
(ii) has not made submissions but the period for making submissions has not expired.
(2) On and after the commencement day, section 25C continues to apply as in force immediately before that day until the Secretary reviews the decision to suspend the licence and notifies the licence holder of that decision.
(3) A decision made by the Secretary on or after the commencement day under section 25C, as in force immediately before that day, is taken to be a decision made by the Game Management Authority.
(4) In this section—
"commencement day" means the day on which section 38 of the Game Management Authority Act 2014 comes into operation;
"Game Bird Farmer Licence" means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013.
(1) This section applies if, before the commencement day, the Secretary—
(a) under section 25D(2), has notified the holder of—
(i) a licence issued under section 22 in the prescribed category of Game Bird Farmer Licence; or
(ii) a game licence—
that the Secretary proposes to cancel that licence; and
(b) has not made a decision in accordance with section 25D.
(2) On and after the commencement day, section 25D continues to apply as in force immediately before that day until the Secretary makes a decision under that section and notifies the holder of the licence of that decision.
(3) A decision made by the Secretary on or after the commencement day under section 25D as in force immediately before that day, is taken to be a decision made by the Game Management Authority.
(4) In this section—
"commencement day" means the day on which section 39 of the Game Management Authority Act 2014 comes into operation;
"Game Bird Farmer Licence" means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013.
(1) This section applies if, immediately before the commencement day, an application has been made for review of any of the following decisions of the Secretary under section 86C to VCAT and the matter is pending—
(a) a refusal to grant or renew—
(i) a licence under section 22 in the prescribed category of Game Bird Farmer Licence; or
(ii) a game licence;
(b) a suspension or cancellation of—
(i) a licence under section 22 in the prescribed category of Game Bird Farmer Licence; or
(ii) a game licence;
(c) a failure of the Secretary to make a decision specified in paragraph (a) or (b) within a reasonable time.
(2) Subject to this section, on the commencement day, the Secretary continues to be the decision-maker for the purposes of the review until VCAT determines the matter.
(3) For the purposes of subsection (2), this Act applies as in force immediately before the commencement day.
(4) If, after the review is conducted, VCAT by order—
(a) affirms the decision of the decision-maker; or
(b) varies the decision of the decision-maker; or
(c) sets the decision of the decision-maker aside and makes another decision—
that affirmed, varied or substituted decision is taken to be a decision of the Game Management Authority.
(5) If, after the review is conducted, VCAT by order sets aside the decision of the decision-maker and remits the matter for reconsideration by the decision-maker in accordance with any directions or recommendations of VCAT, the Game Management Authority is taken to be the decision-maker and must consider the matter in accordance with the directions or recommendations of VCAT.
(6) In this section—
"commencement day" means the day on which section 30 of the Game Management Authority Act 2014 comes into operation;
"decision-maker" has the same meaning as it has in the Victorian Civil and Administrative Tribunal Act 1998 ;
"Game Bird Farmer Licence" means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013.
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