Queensland Consolidated Acts

ARCHITECTS ACT 2002 - SECT 158

158 Appeals

(1) Subsection (2) applies if—

(a) a person has appealed to the District Court under the repealed Act before the commencement against a following decision—

(i) a decision of the former board to refuse an application for registration;

(ii) a decision of the former board, under section 20(1)(c) or (d) of the repealed Act, to remove a person’s name from the register under that Act;

(iii) a decision mentioned in section 84(1) of the repealed Act; and

(b) the appeal has not been decided before the commencement.

(2) The District Court may hear, or continue to hear, and decide the appeal under the repealed Act as if the Act had not been repealed.

(3) Subsection (4) applies if—

(a) immediately before the commencement a person could have appealed to the District Court under the repealed Act against a decision mentioned in subsection (1)(a); and

(b) the person has not appealed before the commencement.

(4) The person may appeal, and the District Court may hear and decide the appeal, under the repealed Act as if this Act had not commenced.

(5) For giving effect to its decision under subsection (2) or (4), the District Court may make the orders it considers necessary having regard to the provisions of this Act.

Example for subsection (5)—

On an appeal by a person against a decision to cancel the person’s registration under the repealed Act, the District Court may order that the board register the person under this Act.