QLDIn ForceAct
Fisheries Act 1994
sec.48BChief executive may obtain information or evidence from other persons
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### sec.48B Chief executive may obtain information or evidence from other persons
Before making the decision under section 48A , the chief executive may obtain from a person other than the claimant the further information or evidence the chief executive considers necessary to make the decision.
If the chief executive obtains further information or evidence under subsection (1) and the chief executive proposes to act on the information or evidence adversely to the claimant—
the chief executive must give the claimant a written notice stating—
the further information or evidence; and
that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and
the chief executive must not make the decision unless the claimant has given the response or the following period has ended—
generally—the period stated in the notice;
if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.
s 48B ins 2019 No. 6 s 33
(sec.48B-ssec.1) Before making the decision under section 48A , the chief executive may obtain from a person other than the claimant the further information or evidence the chief executive considers necessary to make the decision.
(sec.48B-ssec.2) If the chief executive obtains further information or evidence under subsection (1) and the chief executive proposes to act on the information or evidence adversely to the claimant— the chief executive must give the claimant a written notice stating— the further information or evidence; and that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and the chief executive must not make the decision unless the claimant has given the response or the following period has ended— generally—the period stated in the notice; if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.
- (a) the chief executive must give the claimant a written notice stating— (i) the further information or evidence; and (ii) that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and
- (i) the further information or evidence; and
- (ii) that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and
- (b) the chief executive must not make the decision unless the claimant has given the response or the following period has ended— (i) generally—the period stated in the notice; (ii) if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.
- (i) generally—the period stated in the notice;
- (ii) if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.
- (i) the further information or evidence; and
- (ii) that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and
- (i) generally—the period stated in the notice;
- (ii) if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.