Queensland Subordinate Legislation as Made

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DANGEROUS GOODS) REGULATION 2018 - REG 276

276 Internal reviews about particular decisions

(1) Subsection (2) applies if, before the commencement—

(a) a person made an application under section 65 of the Act , as applied by section 220 of the repealed regulation, for a review of a reviewable decision; and

(b) a decision on the application for review had not been made.

(2) The decision (the
"review decision" ) on the application for review must be made under the repealed regulation as in force immediately before the commencement.

(3) Subsections (4) and (5) apply if—

(a) immediately before the commencement, a person could have applied under section 65 of the Act , as applied by section 220 of the repealed regulation, for a review of a reviewable decision; and

(b) the person had not made the application before the commencement.

(4) The person may apply for a review of the decision under the repealed regulation as in force immediately before the commencement.

(5) If the person applies for a review of the decision, the decision (also the
"review decision" ) on the application must be made under the repealed regulation as in force immediately before the commencement.

(6) If the review decision is an amendment or substitution of the reviewable decision, the review decision must be given effect under the repealed regulation.

Example—

If the effect of a review decision about the chief executive’s refusal to make an administrative determination is that the administrative determination must be made, the administrative determination must be made under the repealed regulation as in force immediately before the commencement.

(7) If the review decision is a confirmation of the reviewable decision, despite the repeal of the repealed regulation—

(a) the matter to which the reviewable decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and

Example—

If the reviewable decision relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.

(b) any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement; and

(c) the person in relation to whom the review decision is made may apply to QCAT for a review of the review decision under the repealed regulation as in force immediately before the commencement.

(8) For subsections (2) and (4) to (7), the repealed regulation continues to have effect as if this regulation had not been made.