Transport Infrastructure (Dangerous Goods By Rail) Regulation 2018

Subsection (2) applies if—

a person had applied to QCAT under section 177A of the repealed regulation to review a decision made under section 177A of the Act confirming a reviewable decision; and

the review has not been decided before the commencement.

QCAT must review, or continue to review, the application under the repealed regulation as in force immediately before the commencement.

Subsection (5) applies if—

immediately before the commencement, a person could have applied to QCAT under section 177A of the repealed regulation to review a decision mentioned in subsection (1)(a); and

the person had not made the application before the commencement.

Subsection (5) also applies in relation to a decision made under section 201(2) or (5) of this regulation.

The person may apply to QCAT for a review of the decision under the repealed regulation as in force immediately before the commencement.

If the person applies for a review of the decision, QCAT must review the decision under the repealed regulation as in force immediately before the commencement.

If QCAT decides in favour of the applicant, the chief executive must give effect to QCAT’s decision under the repealed regulation as in force immediately before the commencement.

Example—

If QCAT decides that an administrative determination the subject of the appeal must be made, the administrative determination must be made under the repealed regulation as in force immediately before the commencement.

If QCAT refers the matter to the chief executive with directions—

the matter must be dealt with under the repealed regulation as in force immediately before the commencement; and

the chief executive must follow QCAT’s directions to the extent possible.

If QCAT confirms the decision being reviewed, despite the repeal of the repealed regulation—

the matter to which the decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; andExample—

If the decision being reviewed relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.

any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement.

For subsections (2) and (5) to (9), the repealed regulation continues to have effect as if this regulation had not been made.