| (1) |
Despite the repeal of the Liquor Act, 1989, upon the coming into operation of — |
| (a) |
a determination made under section 51 of that Act remains valid, as if that Act had not been repealed, for a period determined in accordance with this item; and |
| (b) |
a licence issued under that Act remains valid, as if that Act had not been repealed, for a period determined in accordance with this item, |
if that determination or licence, as the case may be, involved the or distribution of , and was valid immediately before this Act came into operation.
| (2) |
Subject to subitem(4 ), 90 days after this Act came into operation, a determination or licence referred to in subitem (1) that involved the manufacture or distribution of liquor, converts automatically to a registration under this Act as— |
as elected by notification in writing to the in accordance with subitem (3).
| (3) |
A notification in terms of subitem (2)— |
| (a) |
may be delivered to the Minister by hand, registered mail or fax within the 90-day period referred to in subitem (2); and |
| (b) |
will be deemed to have been received by the Minister on— |
| (c) |
the date of delivery by hand or transmission by fax; or |
| (d) |
three days after the date on which it is sent by registered mail. |
| (4) |
If a licensee of a licence or determination referred to in subitem (2) fails to make an election by notification to the Minister as contemplated in subitems (2) and (3), the licence or determination— |
| (a) |
does not convert as contemplated in subitem (2); and |
| (b) |
expires at the end of the last day of the 90-day period referred to in subitem (2). |
| (5) |
Within 12 months after the coming into operation of this Act, a manufacturer or distributor whose licence or determination has been converted in terms of subitem (2) must initiate a review by the Minister, by notice in the prescribed manner and form of that manufacturer’s or distributor’s registration under this Act. |
| (6) |
Within 24 months after receiving an initiation notice in terms of subitem (5) and any additional relevant material that the Minister may require, the Minister must conduct a review of the initiator’s registration, having regard to the objects of this Act, applying the criteria set out in section 13, and considering that the registered is a going concern. |
| (7) |
Upon completing a review in terms of subitem (6), the Minister must either— |
| (a) |
confirm the initiator’s registration without alteration; or |
| (b) |
confirm the initiator’s registration, subject to further conditions that are reasonable, justifiable and relevant to the matters mentioned in subitem (6). |
| (8) |
The provisions of section 13, read with the changes required by context, apply to any proposal by the Minister to impose further conditions as contemplated in subitem (7)(b). |
| (9) |
If a manufacturer or distributor who is required to initiate a review under subitem (5), fails to— |
| (a) |
initiate that review within the time provided in subitem (5); or |
| (b) |
provide additional relevant material to the Minister within six months after being requested to do so, |
the Minister may cancel the registration of that manufacturer or distributor, in the manner set out in section 20 (4), (5) and (6).
| (10) |
If the Minister fails to complete a review within the time allowed by subitem (6), the initiator’s registration will continue in force, subject to any conditions that applied at the time the initiation notice was delivered to the Minister. |
Older Persons Act, 2006
