sec.40Right to apply to QCAT for review of matters under repealed Act

sec.40 Right to apply to QCAT for review of matters under repealed Act

This section applies if, immediately before the commencement— a person had a right to apply to QCAT under part 2, division 7 of the repealed Act in relation to a failure to approve a draft disclosure statement or rules, or to register a proposed cooperative; and the person had not made the application; and the period for making the application under the QCAT Act had not expired. This section also applies if, on or after the commencement— the registrar fails to approve a draft disclosure statement or draft rules submitted by a person to the registrar under part 2, division 3 of the repealed Act before the commencement; or the registrar fails to register a proposed cooperative that is the subject of an application for registration made under section 19 or 22 of the repealed Act before the commencement. The person may apply to QCAT under part 2, division 7 of the repealed Act for a review of the registrar’s failure as if that Act had not been repealed. A decision made by QCAT in relation to the application is taken to be a decision made under the Law. (sec.40-ssec.1) This section applies if, immediately before the commencement— a person had a right to apply to QCAT under part 2, division 7 of the repealed Act in relation to a failure to approve a draft disclosure statement or rules, or to register a proposed cooperative; and the person had not made the application; and the period for making the application under the QCAT Act had not expired. (sec.40-ssec.2) This section also applies if, on or after the commencement— the registrar fails to approve a draft disclosure statement or draft rules submitted by a person to the registrar under part 2, division 3 of the repealed Act before the commencement; or the registrar fails to register a proposed cooperative that is the subject of an application for registration made under section 19 or 22 of the repealed Act before the commencement. (sec.40-ssec.3) The person may apply to QCAT under part 2, division 7 of the repealed Act for a review of the registrar’s failure as if that Act had not been repealed. (sec.40-ssec.4) A decision made by QCAT in relation to the application is taken to be a decision made under the Law.

• (a) a person had a right to apply to QCAT under part 2, division 7 of the repealed Act in relation to a failure to approve a draft disclosure statement or rules, or to register a proposed cooperative; and
• (b) the person had not made the application; and
• (c) the period for making the application under the QCAT Act had not expired.
• (a) the registrar fails to approve a draft disclosure statement or draft rules submitted by a person to the registrar under part 2, division 3 of the repealed Act before the commencement; or
• (b) the registrar fails to register a proposed cooperative that is the subject of an application for registration made under section 19 or 22 of the repealed Act before the commencement.