Queensland Civil and Administrative Tribunal Act 2009
sec.287Existing motor vehicle matters if proceeding not started
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sec.287 Existing motor vehicle matters if proceeding not started
This section applies if— immediately before the commencement, a person could have started a proceeding before the tribunal exercising its original jurisdiction for a motor vehicle matter within a particular period (the prescribed period ); and on the commencement, the person has not started a proceeding before the tribunal for the matter. A proceeding for the matter may be started under this Act, as amended— within the prescribed period; and in the way the proceeding could be started if the matter had arisen after the commencement. If a proceeding for the matter is started under this Act— this Act and the relevant Act, as amended, apply in relation to the matter; and the tribunal must deal with the matter under this Act, as amended, and has, and only has, functions under this Act or the relevant Act, as amended, in relation to the matter. This section applies despite the Acts Interpretation Act 1954 , section 20 . In this section— amended , in relation to this Act or a relevant Act, means as in force on the commencement. s 287 ins 2019 No. 12 s 43 (sec.287-ssec.1) This section applies if— immediately before the commencement, a person could have started a proceeding before the tribunal exercising its original jurisdiction for a motor vehicle matter within a particular period (the prescribed period ); and on the commencement, the person has not started a proceeding before the tribunal for the matter. (sec.287-ssec.2) A proceeding for the matter may be started under this Act, as amended— within the prescribed period; and in the way the proceeding could be started if the matter had arisen after the commencement. (sec.287-ssec.3) If a proceeding for the matter is started under this Act— this Act and the relevant Act, as amended, apply in relation to the matter; and the tribunal must deal with the matter under this Act, as amended, and has, and only has, functions under this Act or the relevant Act, as amended, in relation to the matter. (sec.287-ssec.4) This section applies despite the Acts Interpretation Act 1954 , section 20 . (sec.287-ssec.5) In this section— amended , in relation to this Act or a relevant Act, means as in force on the commencement.
- (a) immediately before the commencement, a person could have started a proceeding before the tribunal exercising its original jurisdiction for a motor vehicle matter within a particular period (the prescribed period ); and
- (b) on the commencement, the person has not started a proceeding before the tribunal for the matter.
- (a) within the prescribed period; and
- (b) in the way the proceeding could be started if the matter had arisen after the commencement.
- (a) this Act and the relevant Act, as amended, apply in relation to the matter; and
- (b) the tribunal must deal with the matter under this Act, as amended, and has, and only has, functions under this Act or the relevant Act, as amended, in relation to the matter.