QLDIn ForceAct
Adoption Act 2009
sec.100AOther lapsing of application
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### sec.100A Other lapsing of application
This section applies if the application has been inactive for at least 6 months.
The chief executive may give the applicant a notice (a show cause notice ) stating—
the reasons the application is inactive; and
that the chief executive intends to give the applicant notice that the application has lapsed; and
that the applicant may, within a stated period of at least 28 days, give the chief executive a written response about why the application should not lapse.
After considering any response given by the applicant within the period stated in the show cause notice, the chief executive may give the applicant notice that the application has lapsed.
The application lapses when the chief executive gives the applicant a notice under subsection (3) .
If the chief executive gives the applicant a notice under subsection (3) , the chief executive must also give the applicant an information notice for the decision.
For subsection (1) , the application is inactive if the chief executive is not dealing with the application and the applicant has not complied with—
a requirement under section 112 to pay a prescribed fee or part of a prescribed fee for an assessment of the applicant; or
a notice under section 114 by the due day for the notice.
s 100A ins 2016 No. 57 s 20
(sec.100A-ssec.1) This section applies if the application has been inactive for at least 6 months.
(sec.100A-ssec.2) The chief executive may give the applicant a notice (a show cause notice ) stating— the reasons the application is inactive; and that the chief executive intends to give the applicant notice that the application has lapsed; and that the applicant may, within a stated period of at least 28 days, give the chief executive a written response about why the application should not lapse.
(sec.100A-ssec.3) After considering any response given by the applicant within the period stated in the show cause notice, the chief executive may give the applicant notice that the application has lapsed.
(sec.100A-ssec.4) The application lapses when the chief executive gives the applicant a notice under subsection (3) .
(sec.100A-ssec.5) If the chief executive gives the applicant a notice under subsection (3) , the chief executive must also give the applicant an information notice for the decision.
(sec.100A-ssec.6) For subsection (1) , the application is inactive if the chief executive is not dealing with the application and the applicant has not complied with— a requirement under section 112 to pay a prescribed fee or part of a prescribed fee for an assessment of the applicant; or a notice under section 114 by the due day for the notice.
- (a) the reasons the application is inactive; and
- (b) that the chief executive intends to give the applicant notice that the application has lapsed; and
- (c) that the applicant may, within a stated period of at least 28 days, give the chief executive a written response about why the application should not lapse.
- (a) a requirement under section 112 to pay a prescribed fee or part of a prescribed fee for an assessment of the applicant; or
- (b) a notice under section 114 by the due day for the notice.