Queensland Numbered Acts Queensland Numbered ActsChapter 7A —
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490ZI Validation of certain decisions(1) This section applies to a decision of an entity made under this Act or a repealed Act before the commencement.(2) The decision is, and is taken to have always been, as valid as it would have been if, at the time the decision was made, new section 340AA had applied to the decision.(3) Anything done as a result of the decision is, and is taken to have always been, as valid and lawful as it would have been if, at the time the decision was made, new section 340AA had applied to the decision.(3A) For subsections (2) and (3), any non-compliance with new section 340AA(1A) or (1B) is to be disregarded.(4) However, if a decision to which this section applies has, before the commencement, been found by a court to be invalid or has been set aside by court order—(a) the finding or order stands; but(b) if the decision is remade after the commencement, new section 340AA applies to the decision as remade.(5) In this section—
"new section 340AA" means section 340AA as in force from the commencement.
490ZJ Validation of certain decisions of parole board(1) This section applies to a conditional parole decision made by the parole board on or after 26 May 2017 and before the commencement.(2) A decision made before the commencement by the parole board, or 1 or more members of the parole board, that the conditions referred to in a conditional parole decision have or have not been fulfilled is taken to be a parole decision of the parole board.(3) A decision made after the commencement by the parole board (properly constituted for a parole decision) that the conditions referred to in a conditional parole decision have or have not been fulfilled is also taken to be a parole decision of the parole board.(4) If a decision under subsection (2) or (3) is that the conditions have been fulfilled, the parole decision is a decision to release the prisoner on parole.(5) If the decision under subsection (2) or (3) is that the conditions have not been fulfilled, the parole decision is a decision not to release the prisoner on parole.(6) The parole decision is, and is taken to have always been, as valid as it would have been if the decision had been made by the parole board as a parole decision without a conditional parole decision having been made.(7) To avoid any doubt, it is declared that, if subsection (6) applies, anything done or purported to have been done by an entity relying on the decision or the conditional parole decision is, and is taken to have always been, as valid as it would have been if the entity had relied on a valid decision of the parole board.(8) This section applies despite—(a) any lack of power for the making of—(i) the conditional parole decision; or(ii) the decision mentioned in subsection (2) or (3); and(b) any defect in the constitution of the parole board, lack of quorum, or other procedural defect, for the making of the decision mentioned in subsection (2).(9) In this section—
"conditional parole decision" means a decision, however expressed, that is—(a) a parole decision that will have effect if a condition is fulfilled; or(b) a decision to make a parole decision if a condition is fulfilled.
"parole decision" means a decision to release or not to release a prisoner on parole by—(a) making or refusing to make a parole order; or(b) changing or not changing a decision suspending a prisoner’s parole order.