Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 365

365 Proceedings for particular offences, and restricting use of information, if material change of use is assessable development on commencement

(1) This section applies if, on the commencement—

(a) a material change of use of the premises for a use that is the relevant sex work business is categorised as assessable development; and

(b) all of the development permits necessary for the carrying out of the material change of use mentioned in paragraph (a) are not in effect.

(2) A proceeding may not be started for a relevant offence committed by a person—

(a) during the person’s moratorium period; or

(b) after the person’s moratorium period ends if, when the moratorium period ends—

(i) all of the development permits necessary for the carrying out of the material change of use mentioned in subsection (1)(a) are in effect; or

(ii) the use of the premises for the relevant sex work business has been abandoned.

(3) If a proceeding for a relevant offence has started, but not ended, before the commencement, the proceeding may be continued as if this Act, as in force immediately before the commencement, were still in force.

(4) Subsection (5) applies if—

(a) a person gives information in a development application for the material change of use mentioned in subsection (1)(a); and

(b) the development application is made before the day that is 1 year after the day this section commences; and

(c) the information relates to—

(i) the carrying out of the relevant MCU; or

(ii) the use of the premises for the relevant sex work business.

(5) Evidence of the information is not admissible against the person in a proceeding for an offence committed by the person against section 162, 163(1), 165(a) or 226.

(6) In this section—

"finally decided" , in relation to a development application, means the later of the following days—

(a) if a development permit is given for the application—the day the development permit takes effect under chapter 3, part 5;

(b) if the development application is refused—the day notice of the refusal is given or, if an appeal about the refusal is started, the day the appeal ends.

"moratorium period" , for a person, means the period—

(a) starting on the commencement; and

(b) ending on—

(i) if a development application for each development permit necessary for the material change of use mentioned in subsection (1)(a) is made before the day that is 1 year after the day this section commences—the day the development application for the last development permit is finally decided; or

(ii) otherwise—the day that is 1 year after the day this section commences.

"relevant offence" means—

(a) an offence against section 162 or 163(1) in relation to the carrying out of the relevant MCU before the commencement; or

(b) an offence against section 165(a) in relation to the use of the premises for the relevant sex work business before or after the commencement.