QLDIn ForceAct
Liquor Act 1992
sec.344Proceedings not finally decided
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### sec.344 Proceedings not finally decided
This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with—
a proceeding before the tribunal for a review of a decision mentioned in repealed section 36(1);
a proceeding before the Supreme Court about a decision mentioned in repealed section 36(1).
The proceeding is discontinued and the matter is remitted to the commissioner for the commissioner to decide again under this Act as in force after the commencement.
The tribunal or Supreme Court must return to the police commissioner any criminal intelligence relating to the proceeding in the tribunal’s or Supreme Court’s possession or control.
For subsection (1), a proceeding had not been finally dealt with if—
the tribunal or Supreme Court had not made a decision; or
the tribunal or Supreme Court had made a decision but the appeal period for the decision had not ended; or
the tribunal or Supreme Court had made a decision and an appeal against the decision had been started but not ended.
In this section—
criminal intelligence means criminal intelligence within the meaning of repealed section 37(5).
repealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.
s 344 ins 2016 No. 62 s 216
(sec.344-ssec.1) This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with— a proceeding before the tribunal for a review of a decision mentioned in repealed section 36(1); a proceeding before the Supreme Court about a decision mentioned in repealed section 36(1).
(sec.344-ssec.2) The proceeding is discontinued and the matter is remitted to the commissioner for the commissioner to decide again under this Act as in force after the commencement.
(sec.344-ssec.3) The tribunal or Supreme Court must return to the police commissioner any criminal intelligence relating to the proceeding in the tribunal’s or Supreme Court’s possession or control.
(sec.344-ssec.4) For subsection (1), a proceeding had not been finally dealt with if— the tribunal or Supreme Court had not made a decision; or the tribunal or Supreme Court had made a decision but the appeal period for the decision had not ended; or the tribunal or Supreme Court had made a decision and an appeal against the decision had been started but not ended.
(sec.344-ssec.5) In this section— criminal intelligence means criminal intelligence within the meaning of repealed section 37(5). repealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.
- (a) a proceeding before the tribunal for a review of a decision mentioned in repealed section 36(1);
- (b) a proceeding before the Supreme Court about a decision mentioned in repealed section 36(1).
- (a) the tribunal or Supreme Court had not made a decision; or
- (b) the tribunal or Supreme Court had made a decision but the appeal period for the decision had not ended; or
- (c) the tribunal or Supreme Court had made a decision and an appeal against the decision had been started but not ended.