Queensland Subordinate Legislation as Made

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TRANSPORT INFRASTRUCTURE (DANGEROUS GOODS BY RAIL) REGULATION 2008 No. 426 - SECT 193

193 Reviews about particular decisions

(1) Subsection (2) applies if--

(a) a person has made an application under the repealed regulation for a review of a reviewable decision; and
(b) a decision on the application for review has not been made before the commencement.

(2) A decision (a review decision) on the application for review must be made under the repealed regulation.

(3) Subsection (4) applies if--

(a) immediately before the commencement, a person could have applied under the repealed regulation for a review of a reviewable decision; and
(b) the person has not made the application before the commencement.

(4) The person may apply to the chief executive for a review of the decision as provided under the repealed regulation, and the chief executive's decision (also a review decision) on that application must be made under the repealed regulation.

(5) If the review decision is an amendment or substitution of the reviewable decision, the review decision must be given effect under the repealed regulation.

Example--
If the effect of a review decision about the chief executive's refusal to make an administrative determination is that the administrative determination must be made, the administrative determination must be made under the repealed regulation.

(6) If the review decision is a confirmation of the reviewable decision, despite the repeal of the repealed regulation--

(a) the matter to which the reviewable decision relates continues to be a matter to be dealt with under the repealed regulation; and
Example--
If the reviewable decision relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation.
(b) any further decision about the matter must be made under the repealed regulation; and
(c) the person in relation to whom the review decision is made may appeal against the review decision under the repealed regulation.

(7) For subsections (2) and (4) to (6), the repealed regulation continues to have effect as if this regulation had not been made.



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