QLDIn ForceAct
Building Act 1975
sec.355Existing appeals under former s 245S
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### sec.355 Existing appeals under former s 245S
This section applies if a person was given an information notice about a decision under former section 245O or 245Q and immediately before the commencement—
the person could have, but had not, appealed the decision to a development tribunal under former section 245S and the period mentioned in former section 245S(2) had not ended; or
the person had started an appeal against the decision under former section 245S but the appeal had not been decided by a development tribunal.
If subsection (1)(a) applies, the person may, within the period mentioned in former section 245S(2), appeal the decision, and a development tribunal may hear and decide the appeal under former section 245S as if the Building and Other Legislation Amendment Act 2022 had not been enacted.
If subsection (1)(b) applies, the development tribunal may continue to hear, and decide, the appeal under former section 245S as if the Building and Other Legislation Amendment Act 2022 had not been enacted.
s 355 ins 2022 No. 11 s 22
(sec.355-ssec.1) This section applies if a person was given an information notice about a decision under former section 245O or 245Q and immediately before the commencement— the person could have, but had not, appealed the decision to a development tribunal under former section 245S and the period mentioned in former section 245S(2) had not ended; or the person had started an appeal against the decision under former section 245S but the appeal had not been decided by a development tribunal.
(sec.355-ssec.2) If subsection (1)(a) applies, the person may, within the period mentioned in former section 245S(2), appeal the decision, and a development tribunal may hear and decide the appeal under former section 245S as if the Building and Other Legislation Amendment Act 2022 had not been enacted.
(sec.355-ssec.3) If subsection (1)(b) applies, the development tribunal may continue to hear, and decide, the appeal under former section 245S as if the Building and Other Legislation Amendment Act 2022 had not been enacted.
- (a) the person could have, but had not, appealed the decision to a development tribunal under former section 245S and the period mentioned in former section 245S(2) had not ended; or
- (b) the person had started an appeal against the decision under former section 245S but the appeal had not been decided by a development tribunal.