Queensland Consolidated Acts

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QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 267

Proceeding not yet started

267 Proceeding not yet started

(1) This section applies if—
(a) immediately before the commencement, a person could, under an enabling Act or another Act as in force before the commencement, have started a proceeding before a continuing entity for a QCAT matter within a particular period (the
"prescribed period" ); and
(b) at the commencement, the person has not started the proceeding.
(2) QCAT has jurisdiction to deal with the matter under this Act.
(3) A proceeding before the continuing entity for the matter can not be started after the commencement unless, under an enabling Act or another Act, the continuing entity has jurisdiction to deal with the matter after the commencement.
(4) However, a proceeding for the matter may be started before QCAT under this Act—
(a) within the prescribed period; and
(b) in the way the proceeding could be started if the matter arose after the commencement.
(5) If a proceeding for the matter is started before QCAT, QCAT must deal with the matter under this Act and has, and only has, functions under this Act or an enabling Act in relation to the matter.
(6) If the matter is an appeal against a decision that could have been started as mentioned in subsection (1) (a) , the decision that could have been appealed against is a reviewable decision for applying this Act to the proceeding under subsections (4) and (5) .
(7) This section applies despite the Acts Interpretation Act 1954 , section 20 .



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