Queensland Numbered Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 11 - SECT 78

After section 34--

insert--

'(1) This section applies despite section 34(1).

'(2) The tribunal may grant a party in a proceeding for an appeal against a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied--

(a) the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and

(b) in the circumstances, it would be unfair not to allow the party to present the new evidence.

'(3) If the tribunal gives leave under subsection (2), the tribunal must--

(a) adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or

(b) if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the chief executive.

'(4) In this section--

new evidence means evidence that was not before the chief executive when the decision was made.'.