Queensland Subordinate Legislation as Made

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008 No. 296 - SECT 235

235 Effect of appeal decision returning matter to chief executive

(1) If the court making the appeal decision returns the application for exemption to the chief executive with directions--

(a) the application must be dealt with under the repealed regulation; and
(b) the chief executive must follow the court's directions to the extent possible; and
(c) if the chief executive decides that the person should be given the exemption, the chief executive must--
(i) if the exemption is a regulated hours exemption--grant the person a work and rest hours exemption under part 5, division 6 of this regulation, as if the application for the regulated hours exemption were an application for a work and rest hours exemption made under the part; or
(ii) if the exemption is a driving records exemption--grant the person a work diary exemption under part 5, division 6 of this regulation, as if the application for the driving records exemption were an application for a work diary exemption made under the part.

(2) For subsection (1), the repealed regulation continues to have effect as if this regulation had not been made.



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