SUPERSEDED - Amended Decision Notice - MCU22 0194 [As Published]

Transport Planning and Coordination Act 1994
Part 5, Division 2 — Review of Original Decisions

 

31 Applying for review
(1) A person may apply for a review of an original decision only within 28 days after notice of
the original decision was given to the person under the transport Act.
(2) However, if—
(a) the notice did not state the reasons for the original! decision; and
(b) the person asked for a statement of the reasons within the 28 days mentioned in
subsection (1)
the person may apply within 28 days after the person is given the statement of the reasons.
(3) In addition, the chief executive may extend the period for applying.
(4) An application must be written and state in detail the grounds on which the person wants
the original decision to be reviewed.

32. Stay of operation of original decision

(1) If a person applies for review of an original decision, the person may immediately apply for
a stay of the decision to the relevant entity.

(2) The relevant entity may stay the original decision to secure the effectiveness of the review
and any later appeal to or review by the relevant entity.

(3) In setting the time for hearing the application, the relevant entity must allow at least 3
business days between the day the application is filed with it and the hearing day.

(4) The chief executive is a party to the application.

(5) The person must serve a copy of the application showing the time and place of the hearing
and any document filed in the relevant entity with it on the chief executive at least 2 business
days before the hearing.

(6) The stay—

(a) may be given on conditions the relevant entity considers appropriate; and
(b) operates for the period specified by the relevant entity; and
(c) may be revoked or amended by the relevant entity.

(7) The period of a stay under this section must not extend past the time when the chief
executive reviews the original decision and any later period the relevant entity allows the
applicant to enable the applicant to appeal against the decision or apply for a review of the
decision as provided under the QCAT Act.

(8) The making of an application does not affect the original decision, or the carrying out of the
original decision, unless it is stayed.

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Version: 1, Version Date: 16/08/2023