QLDIn ForceAct
Agents Financial Administration Act 2014
sec.122QCAT may extend time
Start here
Get a plain-English read of sec.122
Turn the raw legal text into a practical explanation grounded in Agents Financial Administration Act 2014.
### sec.122 QCAT may extend time
QCAT may extend the time within which to make a claim or seek review of a decision of the chief executive if QCAT is satisfied—
the application is made—
for a claim—within the time mentioned in the notice given under section 88 (5) (b) ; or
for a review of a decision of the chief executive—within 42 days after the person is given notice of the decision to be reviewed; and
it is appropriate to extend time having regard to—
the reasons for not making the claim or seeking the review within the time allowed; and
the application generally; and
for a claim, the relative hardship that an extension of time or a refusal to extend time would place on the claimant or respondent; and
the justice of the matter generally.
No appeal lies against QCAT’s decision under this section.
To remove any doubt, it is declared that the QCAT Act , section 61 does not apply for a proceeding to which this section applies.
(sec.122-ssec.1) QCAT may extend the time within which to make a claim or seek review of a decision of the chief executive if QCAT is satisfied— the application is made— for a claim—within the time mentioned in the notice given under section 88 (5) (b) ; or for a review of a decision of the chief executive—within 42 days after the person is given notice of the decision to be reviewed; and it is appropriate to extend time having regard to— the reasons for not making the claim or seeking the review within the time allowed; and the application generally; and for a claim, the relative hardship that an extension of time or a refusal to extend time would place on the claimant or respondent; and the justice of the matter generally.
(sec.122-ssec.2) No appeal lies against QCAT’s decision under this section.
(sec.122-ssec.3) To remove any doubt, it is declared that the QCAT Act , section 61 does not apply for a proceeding to which this section applies.
- (a) the application is made— (i) for a claim—within the time mentioned in the notice given under section 88 (5) (b) ; or (ii) for a review of a decision of the chief executive—within 42 days after the person is given notice of the decision to be reviewed; and
- (i) for a claim—within the time mentioned in the notice given under section 88 (5) (b) ; or
- (ii) for a review of a decision of the chief executive—within 42 days after the person is given notice of the decision to be reviewed; and
- (b) it is appropriate to extend time having regard to— (i) the reasons for not making the claim or seeking the review within the time allowed; and (ii) the application generally; and (iii) for a claim, the relative hardship that an extension of time or a refusal to extend time would place on the claimant or respondent; and (iv) the justice of the matter generally.
- (i) the reasons for not making the claim or seeking the review within the time allowed; and
- (ii) the application generally; and
- (iii) for a claim, the relative hardship that an extension of time or a refusal to extend time would place on the claimant or respondent; and
- (iv) the justice of the matter generally.
- (i) for a claim—within the time mentioned in the notice given under section 88 (5) (b) ; or
- (ii) for a review of a decision of the chief executive—within 42 days after the person is given notice of the decision to be reviewed; and
- (i) the reasons for not making the claim or seeking the review within the time allowed; and
- (ii) the application generally; and
- (iii) for a claim, the relative hardship that an extension of time or a refusal to extend time would place on the claimant or respondent; and
- (iv) the justice of the matter generally.