Queensland Numbered Acts

PUBLIC HEALTH AND OTHER LEGISLATION (FURTHER EXTENSION OF EXPIRING PROVISIONS) AMENDMENT ACT 2021 - SECT 48

48 Insertion of new ch 12, pt 8, divs 2 and 3

Chapter 12 , part 8 , as inserted by this Act—
insert—

Division 2 - Provision for amendments commencing by proclamation

508 Application of s 362ME Section 362ME, as in force on the commencement, applies in relation to the quarantine fees a person is liable to pay under section 362MD whether the person’s liability under that section arose before, or arises after, the commencement.

Division 3 - Provisions applying on expiry of chapter 8, part 7AA

509 Application of division

(1) This division applies on the expiry of chapter 8, part 7AA.

(2) This division does not limit the Acts Interpretation Act 1954 , section 20.

510 Interpretation

(1) In this division—

"former" , for a provision of this Act, means the provision as in force from time to time before the expiry.

(2) A reference in a provision of this division to the expiry generally is a reference to the expiry of chapter 8, part 7AA.

(3) Words defined under former chapter 8, part 7AA and used in this division have the same meaning as they had under the former part.

511 Continuation of liability under former s 362MD or 362ME arising before expiry

(1) This section applies if, immediately before the expiry, a person was liable under former section 362MD or 362ME to pay the quarantine fees for a person’s quarantine.

(2) The expiry of former section 362MD or 362ME does not affect the person’s liability under either provision.

(3) Despite its expiry, former chapter 8, part 7AA continues to apply in relation to the person.

512 Liability under s 362ME arising on or after expiry

(1) Despite its expiry, section 362ME as in force immediately before the expiry continues to apply in relation to a third party who wishes to accept liability for payment of the quarantine fees that a primary party was, immediately before the expiry, liable to pay under former section 362MD.

(2) Without limiting subsection (1)—

(a) the third party may, on or after the expiry, give an acceptance notice, as mentioned in section 362ME(1)(b), in relation to the quarantine fees; and

(b) the chief executive may, on or after the expiry, approve the third party under section 362ME(2) as an approved person in relation to the primary party.

(3) Despite its expiry, chapter 8, part 7AA as in force immediately before the expiry continues to apply in relation to a third party who, on or after the expiry, becomes liable under section 362ME, as applied under subsection (1), to pay the quarantine fees for a person’s quarantine.

513 Continued application of former s 362MM

(1) This section applies in relation to a person who, before the expiry—

(a) was given a prepayment notice in relation to a prescribed person; and

(b) paid the amount required under the notice.

(2) Despite its expiry, former section 362MM continues to apply in relation to the person.

(3) However, former section 362MM applies as if the reference in former section 362MM(1)(b)(i) to the prescribed person not travelling to Queensland within 120 days after the amount is paid under the prepayment notice were a reference to the prescribed person not travelling to Queensland before the expiry.

514 Continued application of ss 362MN and 362MO

(1) Despite its expiry, section 362MN as in force immediately before the expiry continues to apply for giving a notice, or making an application, in the approved way under, or for, a provision of chapter 8, part 7AA that is continued in effect under this division.

(2) Despite its expiry, section 362MO as in force immediately before the expiry continues to apply for giving a person a relevant document, within the meaning of that section, under a provision of chapter 8, part 7AA that is continued in effect under this division.