Queensland Numbered Acts

RACING INTEGRITY ACT 2016 - SECT 245

245 Reviewing original decision

(1) The commission must, within 20 business days after receiving an application for internal review of an original decision—

(a) review the original decision; and

(b) make a decision (the
"internal review decision" ) to—

(i) confirm the original decision; or

(ii) amend the original decision; or

(iii) substitute another decision for the original decision; and

(c) give the applicant a notice (the
"review notice" ) advising of the internal review decision.

(2) The application may be dealt with only by a person who—

(a) did not make the original decision; and

(b) holds a more senior office than the person who made the original decision.

(3) Subsection (2)—

(a) applies despite the Acts Interpretation Act 1954 , section 27A; and

(b) does not apply to an original decision made personally by the commissioner.

(4) If the internal review decision confirms the original decision, the original decision is taken to be the internal review decision.

(5) If the internal review decision amends the original decision, the original decision as amended is taken to be the internal review decision.

(6) If the internal review decision is not the decision sought by the applicant and the original decision is a decision other than to seize or forfeit an animal or other thing, the review notice must comply with the QCAT Act, section 157(2).

(7) If the internal review decision is not the decision sought by the applicant and the original decision is a decision to seize or forfeit an animal or other thing, the review notice must state the following information—

(a) the day the notice is given to the applicant;

(b) the decision;

(c) the reasons for the decision;

(d) the applicant has a right to appeal to the court against the decision;

(e) how, and the period within which, the applicant may appeal against the decision;

(f) how the applicant may apply to the court for a stay of the operation of the decision.

(8) If the commission does not give the applicant a review notice within 20 business days after receiving the application, the commission is taken to have confirmed the original decision.