Body Corporate and Community Management Act 1997
sec.367Existing appeal taken to be before QCAT or transferred to QCAT
Start here
Get a plain-English read of sec.367
Turn the raw legal text into a practical explanation grounded in Body Corporate and Community Management Act 1997.
sec.367 Existing appeal taken to be before QCAT or transferred to QCAT
This section applies to— an existing tribunal proceeding that is taken under the QCAT Act, chapter 7 , part 2 , division 3 to be a proceeding before QCAT; or an existing court proceeding that is transferred to QCAT under the QCAT Act, section 268 (4). For applying the QCAT Act, section 271 to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator. Subsection (2) applies despite the QCAT Act, section 271 (3) . In this section— existing court proceeding means an existing court proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the District Court. existing tribunal proceeding means an existing tribunal proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the former tribunal. s 367 ins 2009 No. 24 s 385 (sec.367-ssec.1) This section applies to— an existing tribunal proceeding that is taken under the QCAT Act, chapter 7 , part 2 , division 3 to be a proceeding before QCAT; or an existing court proceeding that is transferred to QCAT under the QCAT Act, section 268 (4). (sec.367-ssec.2) For applying the QCAT Act, section 271 to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator. (sec.367-ssec.3) Subsection (2) applies despite the QCAT Act, section 271 (3) . (sec.367-ssec.4) In this section— existing court proceeding means an existing court proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the District Court. existing tribunal proceeding means an existing tribunal proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the former tribunal.
- (a) an existing tribunal proceeding that is taken under the QCAT Act, chapter 7 , part 2 , division 3 to be a proceeding before QCAT; or
- (b) an existing court proceeding that is transferred to QCAT under the QCAT Act, section 268 (4).