24
being a reference to the provisions of any law mentioned in Schedule 2 that concern the
micro- manufacture, retail sale or consumption of liquor or methylated spirits.
3
Transitional conflicts
The provisions of this Act prevail to the extent of any conflict between(a) a provision of this Act; and
(b) a provision of an Act mentioned in Schedule 2 that remains in force in
terms of item 2.
4
Conversion of existing licences
(1) Despite the repeal of the Liquor Act, 1989, upon the coming into operation of
this Act(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Act had not been repealed, for a period determined in accordance with this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repealed, for a period determined in accordance with this item,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 manufacture or
distribution of liquor, 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(a) a manufacturer;
(b) a distributor; or
(c) both,
as elected by notification in writing to the Minister 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(i)
the date of delivery by hand or transmission by fax; or
(ii)
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 person is a
going concern.
(7) Upon completing a review in terms of subitem (6), the Minister must either-