Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 648

648 Stay of review decision

(1) This section applies if, under this Law, a person appeals to the relevant appeal body against a review decision relating to—

(a) a reviewable decision made by the Regulator other than on the basis of a public safety ground; or

(b) a reviewable decision made by an authorised officer.

(2) The person may immediately apply to the relevant appeal body for a stay of the decision.

(3) The relevant appeal body may stay the review decision to secure the effectiveness of the appeal.

(4) In setting the time for hearing the stay application, the relevant appeal body must allow at least 3 business days between the day the application is filed with it and the hearing day.

(5) The Regulator is a party to the application.

(6) The person must serve a copy of the application showing the time and place of the hearing, and any document filed in the relevant appeal body with the application, on the Regulator at least 2 business days before the hearing.

(7) The stay—

(a) may be given on conditions the relevant appeal body considers appropriate; and

(b) operates for the period specified by the relevant appeal body, but not extending past the time when it decides the appeal; and

(c) may be revoked or amended by the relevant appeal body.