QLDIn ForceAct
Planning Act 2016
sec.364Proceedings for particular offences if material change of use is accepted development on commencement
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### sec.364 Proceedings for particular offences if material change of use is accepted development on commencement
This section applies if, on the commencement, a material change of use of the premises for a use that is the relevant sex work business is categorised as accepted development.
A proceeding may not be started after the commencement for—
an offence against section 162 or 163(1) in relation to the carrying out of the relevant MCU before the commencement; or
an offence against section 165(a) in relation to the use of the premises for the relevant sex work business before the commencement.
If a proceeding for an offence mentioned in subsection (2)(a) or (b) had started, but not ended, before the commencement, the proceeding may be continued as if this Act, as in force immediately before the commencement, were still in force.
s 364 ins 2024 No. 23 s 31B
(sec.364-ssec.1) This section applies if, on the commencement, a material change of use of the premises for a use that is the relevant sex work business is categorised as accepted development.
(sec.364-ssec.2) A proceeding may not be started after the commencement for— an offence against section 162 or 163(1) in relation to the carrying out of the relevant MCU before the commencement; or an offence against section 165(a) in relation to the use of the premises for the relevant sex work business before the commencement.
(sec.364-ssec.3) If a proceeding for an offence mentioned in subsection (2)(a) or (b) had started, but not ended, before the commencement, the proceeding may be continued as if this Act, as in force immediately before the commencement, were still in force.
- (a) an offence against section 162 or 163(1) in relation to the carrying out of the relevant MCU before the commencement; or
- (b) an offence against section 165(a) in relation to the use of the premises for the relevant sex work business before the commencement.