Document ID: chunk:federal_register_of_legislation:C2013C00553:clause:1_9
Version: federal_register_of_legislation:C2013C00553
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 10491–12241

9  Transitioning community store licences
(1) This item applies to a community store licence (the transitioned licence) that:
 (a) was in force under Part 7 of the old Act immediately before commencement; and
 (b) was held in relation to a community store whose premises are located in an area that, on commencement, is in the food security area.
(2) The transitioned licence continues in force (and may be dealt with), on and after commencement, as if:
 (a) the licence had been granted under subsection 45(1) of the new Act; and
 (b) any conditions that were imposed on the licence under section 103 of the old Act had been imposed under subsection 52(1) of the new Act.
(3) For the purposes of subsection 59(1) of the new Act (about revoking community store licences):
 (a) a breach of a condition of the transitioned licence that occurred before commencement is to be treated as if it were a breach of a condition of the licence after commencement; and
 (b) an offence against the old Act that was committed by the owner, manager or person involved in the store before commencement is to be treated as if the offence had been committed against the new Act by that person after commencement; and
 (c) if the transitioned licence was obtained improperly under the old Act, it is to be treated as if it had been obtained improperly under the new Act.
(4) If a notice under subsection 108(2) of the old Act:
 (a) related to a proposed decision to:
 (i) revoke the transitioned licence; or
 (ii) refuse to vary the transitioned licence; and
 (b) was in force immediately before commencement;
then the notice continues in force (and may be dealt with), on and after commencement, as if the notice had been given under subsection 60(1) of the new Act.