Queensland Numbered Acts

PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - SECT 183

183 Stay of operation of original decision

(1) An internal review application does not stay the original decision the subject of the application.

(2) However, the applicant may immediately apply to a reviewing body for a stay of the original decision.

(3) The reviewing body may stay the original decision to secure the effectiveness of the internal review and a later appeal to a court or external review by QCAT.

(4) The stay—

(a) may be given on conditions the reviewing body considers appropriate; and

(b) operates for the period fixed by the reviewing body; and

(c) may be amended or revoked by the reviewing body.

(5) The period of the stay must not extend past the time when the chief executive makes an internal review decision about the original decision and any later period the reviewing body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.

(6) An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.

(7) In this section—

"reviewing body" means—

(a) for an original decision to seize or forfeit a thing—the court; or

(b) for another original decision—QCAT.