Stay of operation of original decision
244 Stay of operation of original decision
An internal review application does not stay the original decision to which it relates.
However, the applicant may apply to the relevant body for a stay of the original decision.
The relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or an external review by QCAT.
The stay—
may be given on conditions the relevant body considers appropriate; and
operates for the period fixed by the relevant body; and
may be amended or revoked by the relevant body.
The period of the stay must not extend past the time when the chief executive makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.
An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.
In this section—relevant body means—
for a seizure or forfeiture decision—the court; or
for another original decision—QCAT.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.