sec.240Proceedings not finally decided

### sec.240 Proceedings not finally decided This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with— a disciplinary proceeding under section 195 against a licensee or motor salesperson; a proceeding before QCAT for a review of a decision mentioned in repealed section 202(1); a proceeding before the Supreme Court about a decision mentioned in repealed section 202(1). For a proceeding mentioned in subsection (1)(a), QCAT must decide the proceeding under this Act as in force after the commencement. For a proceeding mentioned in subsection (1)(b) or (c)— the proceeding is discontinued; and the matter is remitted to the chief executive for the chief executive to decide again under this Act as in force after the commencement. QCAT or the Supreme Court must return to the commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control. For subsection (1), a proceeding had not been finally dealt with if— QCAT or the Supreme Court had not made a decision; or QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended. In this section— criminal intelligence means criminal intelligence within the meaning of repealed section 202(6). s 240 ins 2016 No. 62 s 253 (sec.240-ssec.1) This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with— a disciplinary proceeding under section 195 against a licensee or motor salesperson; a proceeding before QCAT for a review of a decision mentioned in repealed section 202(1); a proceeding before the Supreme Court about a decision mentioned in repealed section 202(1). (sec.240-ssec.2) For a proceeding mentioned in subsection (1)(a), QCAT must decide the proceeding under this Act as in force after the commencement. (sec.240-ssec.3) For a proceeding mentioned in subsection (1)(b) or (c)— the proceeding is discontinued; and the matter is remitted to the chief executive for the chief executive to decide again under this Act as in force after the commencement. (sec.240-ssec.4) QCAT or the Supreme Court must return to the commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control. (sec.240-ssec.5) For subsection (1), a proceeding had not been finally dealt with if— QCAT or the Supreme Court had not made a decision; or QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended. (sec.240-ssec.6) In this section— criminal intelligence means criminal intelligence within the meaning of repealed section 202(6). - (a) a disciplinary proceeding under section 195 against a licensee or motor salesperson; - (b) a proceeding before QCAT for a review of a decision mentioned in repealed section 202(1); - (c) a proceeding before the Supreme Court about a decision mentioned in repealed section 202(1). - (a) the proceeding is discontinued; and - (b) the matter is remitted to the chief executive for the chief executive to decide again under this Act as in force after the commencement. - (a) QCAT or the Supreme Court had not made a decision; or - (b) QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or - (c) QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.