sec.296Proceedings not finally decided

sec.296 Proceedings not finally decided

This section applies if, immediately before the commencement, the following proceedings had been started but not finally dealt with— a proceeding before QCAT for a review of a relevant decision; a proceeding before the Supreme Court about a relevant decision. The proceeding is discontinued and the matter is remitted to the commission for the commission to decide again under this Act as in force after the commencement. QCAT or the Supreme Court must return to the police 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 In this section— criminal intelligence means criminal intelligence within the meaning of repealed section 114(6). relevant decision means a decision— for which a review notice mentioned in section 245(6) was given to a person; and made because the person was not a suitable person to hold a racing bookmaker’s licence because the person— was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or had a business associate or executive associate who was— if the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or if the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as an unsuitable corporation. repealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement. s 296 ins 2016 No. 62 s 359 (sec.296-ssec.1) This section applies if, immediately before the commencement, the following proceedings had been started but not finally dealt with— a proceeding before QCAT for a review of a relevant decision; a proceeding before the Supreme Court about a relevant decision. (sec.296-ssec.2) The proceeding is discontinued and the matter is remitted to the commission for the commission to decide again under this Act as in force after the commencement. (sec.296-ssec.3) QCAT or the Supreme Court must return to the police commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control. (sec.296-ssec.4) 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.296-ssec.5) In this section— criminal intelligence means criminal intelligence within the meaning of repealed section 114(6). relevant decision means a decision— for which a review notice mentioned in section 245(6) was given to a person; and made because the person was not a suitable person to hold a racing bookmaker’s licence because the person— was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or had a business associate or executive associate who was— if the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or if the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as an unsuitable corporation. repealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.