Queensland Numbered Acts Queensland Numbered ActsChapter 7--
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'(1) This part applies for the making and deciding of applications under this Act.
'(2) This part does not limit or otherwise affect a requirement under another provision of this Act about the making or deciding of a particular application.
'(1) The chief executive may keep guidelines (by whatever name called) about the making of applications, in the way the chief executive considers appropriate, for the information and guidance of departmental staff and persons dealing with the department.
'(2) The guidelines may include directions by the chief executive about all or any of the following--
(a) practices developed in the department about the making of applications;
(b) how application forms must be filled in;
(c) how information required to be included in or given with applications must be included or given.
'(3) The chief executive must make the guidelines available to the public in the way the chief executive considers appropriate.
'(4) Without limiting subsection (3), the chief executive must ensure an up-to-date copy of the guidelines is available to be read free of charge at each office of the department.
'(1) An application is made only if it complies with the following (the application requirements) and any particular requirements under this Act for making it--
(a) it must be made to the chief executive;
(b) it must be in the appropriate form;
(c) it must comply with all relevant guideline directions;
(d) it must be accompanied by the fee prescribed under a regulation.
'(2) Subsection (1)(a) applies even if the chief executive is not the person who may or must decide the application.
'(3) The chief executive must refuse to receive or process a purported application not made in accordance with the application requirements.
'(4) However, subsection (3) does not apply if--
(a) the only noncompliance with the application requirements is a noncompliance with a guideline direction; and
(b) the chief executive considers that it is not reasonable in the circumstances to require compliance with the direction.
'(5) A lawyer acting for a person who wishes to make an application may sign and make the application for the person.
'(6) In this section--
guideline direction means a direction given under section 420B(2).
'(1) An application may be refused on the ground that it is frivolous or vexatious.
'(2) Subsection (1) does not limit any other ground for refusing the application.
'(1) The chief executive may, by written notice, ask an applicant to--
(a) complete or correct the application if it appears to the chief executive to be incorrect, incomplete or defective; or
(b) give the chief executive--
(i) stated information, in support of the application; or
(ii) a statutory declaration verifying any information included in the application or any additional information required under subparagraph (i).
'(2) The request may state the period within which it must be complied with.
'(3) If no period is stated, it is 30 days after the making of the request.
'(4) The chief executive may extend the period for complying with the request.
'(5) The person who may or must decide the application may refuse to decide it until the request is complied with.
'(6) This section does not limit section 420C(3).
'(7) In this section--
information includes a document.
'If--
(a) a request under section 420E has been made; and
(b) the period under section 420E for complying with the the request has ended; and
(c) the request has not been complied with to the satisfaction of the person who made it;
the person who may or must decide the application the subject of the request may refuse the application.
'(1) This section applies if another provision of this Act permits or requires a person who may or must decide an application to consider particular criteria in making the decision.
'(2) To remove any doubt, it is declared that the person may, in making the decision, consider any other criteria the person considers relevant.
'(3) However, subsection (2) does not apply if the provision otherwise provides.
'(4) In this section--
criteria includes issues and matters.
'(1) This section applies if another provision of this Act provides for particular grounds on which a person may refuse an application.
Example a provision of this Act for subsection (1)--
section 420F
'(2) To remove any doubt, unless the other provision otherwise provides, the person may refuse the application on another reasonable and relevant ground.
'(3) In this section--
refuse, an application, includes to refuse the thing the subject of the application.
'A power to decide an application includes a power to--
(a) grant the application subject to conditions that must be complied with before the application is granted; or
(b) approve or grant the thing the subject of the application subject to conditions that must be complied with before the thing is approved or granted.
Example for paragraph (b)--
An application is made under section 322 for approval of a transfer of a lease. The Minister may approve the transfer subject to a condition that all outstanding rent relating to the lease must be paid.'.