Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 7

7 Application of Act if modifying provision in enabling Act

(1) This section applies if a provision of an enabling Act (the
"modifying provision" ) provides for—

(a) the tribunal’s functions in jurisdiction conferred by the enabling Act; or

(b) a matter mentioned in section 6 (7) .

(2) The modifying provision prevails over the provisions of this Act, to the extent of any inconsistency between them.

(3) This Act must be read, with any necessary changes, as if the modifying provision were a part of this Act.

(4) Without limiting subsection (3) —

(a) in a provision of this Act relating to a person starting a proceeding, a reference to the person doing something under this Act is taken to be a reference to the person doing the thing under this Act or a modifying provision; and

(b) in a provision of this Act relating to the tribunal conducting a proceeding, a reference to the tribunal doing something under this Act is taken to be a reference to the tribunal doing the thing under this Act or a modifying provision.

(5) This section does not prevent an enabling Act from expressly stating how this Act applies in relation to the modifying provision, including, for example, by stating that stated provisions of this Act do not apply, or apply subject to stated variations.

(6) In this section—

"enabling Act" means an enabling Act that is an Act.