WILDLIFE ACT 1975 - SECT 105 Transitional provision, review of decisions—Game Management Authority Act 2014
WILDLIFE ACT 1975 - SECT 105
Transitional provision, review of decisions—Game Management Authority Act 2014(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.
S. 106 inserted by No. 12/2016 s. 37.