(ii)
section 663D of the repealed Criminal Code chapter; and
(b) the application
has not been finally dealt with before the commencement.
(2) The entity to
whom the application is made must deal with the application under the
repealed provision.
(3) For subsection (2), the repealed provision, and any
other provisions of the repealed legislation that are necessary or convenient
to be used in relation to the application, continue to apply as if this
chapter had not commenced.
(4) Without limiting subsection (3), the
relevant appropriation provision continues to apply to any payment to be made
in relation to the application as if this chapter had not commenced.
(5) If
at the end of 3 years after the commencement the applicant has not given all
the necessary information, documents or other assistance to enable the
application to be decided, the application lapses.
Note—
See—
(a) for an
application under section 33, 34 or 35 of the repealed Act— section 36 (4)
to (6) of that Act; or
(b) for an application under section 663D of the
repealed Criminal Code chapter—sections 663D(2) and (3) of that chapter.
(6) If an application lapses under subsection (5), the applicant can not make
a further application under the repealed provision.
(7) However, if at the
end of the 3 year period mentioned in subsection (5) the applicant could have,
if this chapter had not commenced, applied to the State for the payment of an
amount under the repealed provision—
(a) if the repealed provision is
section 33 or 34 of the repealed Act or section 663D of the repealed Criminal
Code chapter—
(i) the applicant may apply for victim assistance; and
(ii)
division 3, subdivision 1 applies in relation to the application as if the
application were made under that subdivision; or
(i) the applicant may
apply for victim assistance; and
(ii) division 3, subdivision 2 applies in
relation to the application as if the application were made under that
subdivision.
(8) The scheme manager must—
(a) give the applicant notice of
the effect of subsections (5) to (7); and
(b) ensure all reasonable steps are
taken to give the applicant an opportunity to give the necessary information,
documents or other assistance to enable the application to be decided within
the 3 year period mentioned in subsection (5).
(9) In this section—
"relevant appropriation provision" means—
(a) for an application under
section 33, 34 or 35 of the repealed Act†”section 37 of the repealed Act; or
(b) for an application under section 663D of the repealed Criminal Code
chapter—section 663E(1) of the repealed Criminal Code chapter.
