MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - SECT 240
Proceedings not finally decided
MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - SECT 240
Proceedings not finally decided
240 Proceedings not finally decided
(1) This section applies if immediately before the commencement the following
proceedings had been started but not finally dealt with—
(a) a disciplinary
proceeding under section 195 against a licensee or motor salesperson;
(b) a
proceeding before QCAT for a review of a decision mentioned in repealed
section 202(1);
(c) a proceeding before the Supreme Court about a decision
mentioned in repealed section 202(1).
(2) For a proceeding mentioned in
subsection (1)(a), QCAT must decide the proceeding under this Act as in force
after the commencement.
(3) For a proceeding mentioned in subsection (1)(b)
or (c)—
(a) the proceeding is discontinued; and
(b) the matter is remitted
to the chief executive for the chief executive to decide again under this Act
as in force after the commencement.
(4) QCAT or the Supreme Court must return
to the commissioner any criminal intelligence relating to the proceeding in
QCAT’s or the Supreme Court’s possession or control.
(5) For subsection
(1), a proceeding had not been finally dealt with if—
(a) QCAT or the
Supreme Court had not made a decision; or
(b) QCAT or the Supreme Court had
made a decision but the appeal period for the decision had not ended; or
(c)
QCAT or the Supreme Court had made a decision and an appeal against the
decision had started but not ended.