Queensland Numbered Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 43

43 Insertion of new ch 10, pt 2

Chapter 10 —
insert —

Part 2 - Transitional provisions for Queensland Civil and Administrative Tribunal and Other Legislation Amendment Act 2019

285 Definitions for part In this part—

"motor vehicle" see the Motor Dealers and Chattel Auctioneers Act 2014 , section 12.

"motor vehicle matter" means—

(a) an action under a provision mentioned in the Fair Trading Act 1989 , section 50 relating to a motor vehicle; or

(b) a claim for repair of a defect in a motor vehicle under the Motor Dealers and Chattel Auctioneers Act 2014 , schedule 1, section 13 or 14.

"relevant Act" means—

(a) for an action under a provision mentioned in the Fair Trading Act 1989 , section 50—the Fair Trading Act 1989 ; or

(b) for a claim for repair of a defect in a motor vehicle under the Motor Dealers and Chattel Auctioneers Act 2014 , schedule 1, section 13 or 14—the Motor Dealers and Chattel Auctioneers Act 2014 .

286 Existing motor vehicle matters before the tribunal

(1) This section applies in relation to—

(a) a motor vehicle matter that, on the commencement, is the subject of a proceeding before the tribunal exercising its original jurisdiction; or

(b) a motor vehicle matter that is the subject of a decision of the tribunal exercising its original jurisdiction made before the commencement, if, on the commencement—

(i) an appeal against the decision has started before a relevant appeal entity but has not been finally dealt with; or

(ii) the period within which an appeal against the decision may be started before a relevant appeal entity has not passed.

(2) This Act and the relevant Act, as unamended, continue to apply in relation to the matter as if the Queensland Civil and Administrative Tribunal and Other Legislation Amendment Act 2019 had not been enacted.

(3) Without limiting subsection (2), the tribunal and the relevant appeal entity—

(a) must deal with the matter under this Act as unamended; and

(b) have, and only have, functions under this Act or the relevant Act, as unamended, in relation to the matter.

(4) In this section—

"relevant appeal entity" means the appeal tribunal or the Court of Appeal.

"unamended" , in relation to this Act or a relevant Act, means as in force before the commencement.

287 Existing motor vehicle matters if proceeding not started

(1) This section applies if—

(a) immediately before the commencement, a person could have started a proceeding before the tribunal exercising its original jurisdiction for a motor vehicle matter within a particular period (the
"prescribed period" ); and

(b) on the commencement, the person has not started a proceeding before the tribunal for the matter.

(2) A proceeding for the matter may be started under this Act, as amended—

(a) within the prescribed period; and

(b) in the way the proceeding could be started if the matter had arisen after the commencement.

(3) If a proceeding for the matter is started under this Act—

(a) this Act and the relevant Act, as amended, apply in relation to the matter; and

(b) the tribunal must deal with the matter under this Act, as amended, and has, and only has, functions under this Act or the relevant Act, as amended, in relation to the matter.

(4) This section applies despite the Acts Interpretation Act 1954 , section 20.

(5) In this section—

"amended" , in relation to this Act or a relevant Act, means as in force on the commencement.

288 Additional jurisdiction for existing motor vehicle matters if proceeding not started

(1) This section applies to a motor vehicle matter arising before the commencement if—

(a) the tribunal did not have jurisdiction to hear and decide the matter immediately before the commencement; and

(b) the tribunal would have jurisdiction to hear and decide the matter if the matter had arisen after the commencement; and

(c) immediately before the commencement, a person could have started a proceeding before a court for the matter within a particular period (the
"prescribed period" ); and

(d) on the commencement, the person has not started the proceeding.

(2) The tribunal has jurisdiction to deal with the matter under this Act.

(3) A proceeding for the matter may be started under this Act—

(a) within the prescribed period; and

(b) in the way the proceeding could be started if the matter had arisen after the commencement.

(4) If a proceeding for the matter is started under this Act, the tribunal must deal with the matter under this Act and has, and only has, functions under this Act or the relevant Act in relation to the matter.

(5) This section applies despite the Acts Interpretation Act 1954 , section 20.

289 Transfer of particular tenancy matters

(1) This section applies in relation to a relevant tenancy matter the subject of a proceeding before the tribunal exercising its original jurisdiction if, on the commencement, the tribunal has not made its final decision in the proceeding.

(2) The relevant tenancy matter is transferred to the relevant court.

(3) The proceeding for the matter is taken to have been started before the court when it was started before the tribunal.

(4) The tribunal may make the orders or give the directions it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under an Act or other law for starting a proceeding before the court.

(5) An order under subsection (4) has effect despite any other Act or law.

(6) In this section—

"relevant court" means the court having the lowest monetary limit to its jurisdiction that is not less than the amount or other relief sought.

"relevant tenancy matter" means a tenancy matter for which a person seeks the payment of an amount or other relief of a value greater than the prescribed amount.