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Queensland Reconstruction Authority Act 2011
sec.52When step-in notice may be given
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### sec.52 When step-in notice may be given
The authority may give a step-in notice for a prescribed decision or a prescribed process only after a progression notice or notice to decide has been given for the decision or process.
If a progression notice or notice to decide has been given for a prescribed decision or process, the step-in notice may be given—
at any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or
if the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision.
Despite subsection (1) , a step-in notice also may be given for a prescribed decision at any time after the decision is made until 10 business days after—
if an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or
otherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision.
For subsection (2) (b) , the step-in notice must be given to the decision-maker within a reasonable period after the authority receives the request.
In this section—
appeal includes review.
(sec.52-ssec.1) The authority may give a step-in notice for a prescribed decision or a prescribed process only after a progression notice or notice to decide has been given for the decision or process.
(sec.52-ssec.2) If a progression notice or notice to decide has been given for a prescribed decision or process, the step-in notice may be given— at any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or if the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision.
(sec.52-ssec.3) Despite subsection (1) , a step-in notice also may be given for a prescribed decision at any time after the decision is made until 10 business days after— if an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or otherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision.
(sec.52-ssec.4) For subsection (2) (b) , the step-in notice must be given to the decision-maker within a reasonable period after the authority receives the request.
(sec.52-ssec.5) In this section— appeal includes review.
- (a) at any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or
- (b) if the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision.
- (a) if an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or
- (b) otherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision.