Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 177

177 Existing applications for extension under repealed Act

(1) This section applies if—

(a) at the commencement, a person has—

(i) applied to a court for an order under section 41(1)(a) of the repealed Act; or

(ii) applied to the Minister for an order under section 41(1)(b) of the repealed Act; and

(b) the application has not been finally decided before the commencement.

(2) The entity to whom the application was made must decide the application under section 41 of the repealed Act.

(3) For subsection (2), section 41 of the repealed Act continues to apply as if this chapter had not commenced.

(4) If the order is made in favour of the person, despite division 2 or 3—

(a) the person may, within the period allowed by the order, make the application in relation to which the order was sought under the repealed Act; and

(b) the application must be dealt with under the repealed Act as if this chapter had not commenced.

(5) For subsection (4), the repealed Act continues to apply in relation to the application, and any decision made in relation to the application, as if this chapter had not commenced.

Note—

Division 8 provides for the application of the repealed legislation in relation to an order made under section 24 of the repealed Act, including an order made after the commencement.

(6) If the person makes an application to the State under subsection (4) and at the end of 3 years after the commencement the applicant has not given all the necessary information, documents or other assistance to enable the application to be decided, the application lapses.

Note—

See section 36(4) to (6) of the repealed Act.

(7) If an application lapses under subsection (6), the applicant can not make a further application under this part.

(8) The scheme manager must—

(a) give the applicant notice of the effect of subsection (6) and (7); and

(b) ensure all reasonable steps are taken to give the applicant an opportunity to give the necessary information, documents or other assistance to enable the application to be decided within the 3 year period mentioned in subsection (6).