QLDIn ForceRegulation
Marine Parks Regulation 2017
sec.168Internal review decision
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### sec.168 Internal review decision
Subject to subsection (2) , if the chief executive is satisfied the applicant has complied with section 166 (1) , the chief executive must, within 20 business days after receiving the application—
review the reviewable decision; and
make a decision (the internal review decision ) to—
confirm that reviewable decision; or
amend the reviewable decision; or
substitute another decision for the reviewable decision.
The chief executive may, by notice given to the applicant, extend the period for making the internal review decision if—
the reviewable decision relates to a permission that forms part of a joint permission; and
a decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act; and
the outcome of the review of the decision about the Commonwealth permission is reasonably likely to affect the chief executive’s internal review.
Within 10 business days after making the internal review decision, if the decision is not the decision sought by the applicant, the chief executive must give the applicant a notice complying with the QCAT Act , section 157 (2) about the decision.
If the chief executive does not comply with subsection (1) or (3) , the chief executive is taken to have made a decision confirming the reviewable decision.
For the purpose of an application to QCAT for external review—
if the internal review decision confirms the reviewable decision, the reviewable decision is taken to be the internal review decision; or
if the internal review decision amends the reviewable decision, the reviewable decision as amended is taken to be the internal review decision.
(sec.168-ssec.1) Subject to subsection (2) , if the chief executive is satisfied the applicant has complied with section 166 (1) , the chief executive must, within 20 business days after receiving the application— review the reviewable decision; and make a decision (the internal review decision ) to— confirm that reviewable decision; or amend the reviewable decision; or substitute another decision for the reviewable decision.
(sec.168-ssec.2) The chief executive may, by notice given to the applicant, extend the period for making the internal review decision if— the reviewable decision relates to a permission that forms part of a joint permission; and a decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act; and the outcome of the review of the decision about the Commonwealth permission is reasonably likely to affect the chief executive’s internal review.
(sec.168-ssec.3) Within 10 business days after making the internal review decision, if the decision is not the decision sought by the applicant, the chief executive must give the applicant a notice complying with the QCAT Act , section 157 (2) about the decision.
(sec.168-ssec.4) If the chief executive does not comply with subsection (1) or (3) , the chief executive is taken to have made a decision confirming the reviewable decision.
(sec.168-ssec.5) For the purpose of an application to QCAT for external review— if the internal review decision confirms the reviewable decision, the reviewable decision is taken to be the internal review decision; or if the internal review decision amends the reviewable decision, the reviewable decision as amended is taken to be the internal review decision.
- (a) review the reviewable decision; and
- (b) make a decision (the internal review decision ) to— (i) confirm that reviewable decision; or (ii) amend the reviewable decision; or (iii) substitute another decision for the reviewable decision.
- (i) confirm that reviewable decision; or
- (ii) amend the reviewable decision; or
- (iii) substitute another decision for the reviewable decision.
- (i) confirm that reviewable decision; or
- (ii) amend the reviewable decision; or
- (iii) substitute another decision for the reviewable decision.
- (a) the reviewable decision relates to a permission that forms part of a joint permission; and
- (b) a decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act; and
- (c) the outcome of the review of the decision about the Commonwealth permission is reasonably likely to affect the chief executive’s internal review.
- (a) if the internal review decision confirms the reviewable decision, the reviewable decision is taken to be the internal review decision; or
- (b) if the internal review decision amends the reviewable decision, the reviewable decision as amended is taken to be the internal review decision.