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ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 - SECT 184
Stay of operation of original decision
184 Stay of operation of original decision
(1) A designated review application or general review application does not
stay the original decision the subject of the application.
(2) However the
applicant may, immediately after being given the information notice for the
original decision, apply, as provided under the QCAT Act , to QCAT for a stay
of the original decision.
(3) QCAT may stay the original decision to secure
the effectiveness of the internal review and a later application to QCAT for
external review.
(4) A stay may be granted on conditions QCAT considers
appropriate.
(5) However, if the original decision relates to a regulated dog
declaration a condition must be imposed that each owner of, and
responsible person for, the dog must, until the internal review and any
external review and appeal are decided, ensure the requirements under schedule
1 , section 3 , are complied with for the dog the subject of the declaration.
Note— See also sections 66 and 67 for the prohibition on supplying a
restricted dog, declared dangerous dog or declared menacing dog.
(6) The
period of the stay must not extend past the time when— (a) if the chief
executive makes a designated review decision about the original decision—the
chief executive makes the decision and any later period QCAT allows the
applicant to enable the applicant to apply for an external review of the
internal review decision; or
(b) if the chief executive officer of a local
government makes an internal review decision about the original decision—the
chief executive officer makes the decision and any later period QCAT allows
the applicant to enable the applicant to apply for an external review of the
internal review decision.
(7) A designated review application or general
review application affects the original decision, or carrying out of the
decision, only if the decision is stayed.
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