(1) If a former Act provides for the withdrawal of an existing proceeding,
from the commencement the withdrawal may be made—
(a) by filing a notice of
withdrawal in the registry; but
(b) if the former Act limits the
circumstances or period within which the existing proceeding could have been
withdrawn under the former Act—only if the withdrawal is within the
limitations under the former Act.
(2) If a former Act does not provide for
the withdrawal of an existing proceeding, the existing proceeding may be
withdrawn by withdrawing the application or referral for the existing
proceeding in the way stated in the rules for section 46(1) if—
(b) the withdrawal is made before the
matter the subject of the proceeding is heard and decided by QCAT.
(3) If a
person withdraws an existing proceeding, the person can not make a further
application or referral, or request, require or otherwise seek a further
referral, relating to the same facts or circumstances without leave of QCAT.
(4) In this section—
"withdrawal" , of an existing proceeding, includes withdrawal of an
application or referral for the existing proceeding.
