sec.128Internal review of decisions

### sec.128 Internal review of decisions Subsection (2) applies if, immediately before the commencement— an original decision had been made under the repealed Act; and the period within which a person could have applied for a review of the decision under the Transport Planning and Coordination Act 1994 , section 31 had not expired. The person may, before that period expires, apply under the national law, section 216(1) for a review of the original decision as if the decision had been made by the Regulator under that law. Subsection (4) applies if, immediately before the commencement— a person had applied under the Transport Planning and Coordination Act 1994 , section 31 for a review of an original decision; but the chief executive had not decided the application. The application is taken to be an application made by the person under the national law, section 216 for a review of the original decision as if the decision had been made by the Regulator under that law. Subsection (6) applies if, immediately before the commencement— a person had applied under the Transport Planning and Coordination Act 1994 , section 32(1) for a stay of an original decision; but QCAT had not decided the application. Despite the repeal of the repealed Act, the Transport Planning and Coordination Act 1994 , section 32 continues to apply in relation to the application for a stay. Subsection (8) applies if, immediately before the commencement— a decision had been made under the Transport Planning and Coordination Act 1994 , section 32(2) or 34(1) in relation to an original decision; but the decision had not been given, or had not taken, effect. The decision under the Transport Planning and Coordination Act 1994 — is taken to have been made under the national law, section 216 as if the decision had been made by the Regulator under the national law; and must be given or takes effect accordingly. In this section— original decision has the same meaning as in the repealed Act, section 259. (sec.128-ssec.1) Subsection (2) applies if, immediately before the commencement— an original decision had been made under the repealed Act; and the period within which a person could have applied for a review of the decision under the Transport Planning and Coordination Act 1994 , section 31 had not expired. (sec.128-ssec.2) The person may, before that period expires, apply under the national law, section 216(1) for a review of the original decision as if the decision had been made by the Regulator under that law. (sec.128-ssec.3) Subsection (4) applies if, immediately before the commencement— a person had applied under the Transport Planning and Coordination Act 1994 , section 31 for a review of an original decision; but the chief executive had not decided the application. (sec.128-ssec.4) The application is taken to be an application made by the person under the national law, section 216 for a review of the original decision as if the decision had been made by the Regulator under that law. (sec.128-ssec.5) Subsection (6) applies if, immediately before the commencement— a person had applied under the Transport Planning and Coordination Act 1994 , section 32(1) for a stay of an original decision; but QCAT had not decided the application. (sec.128-ssec.6) Despite the repeal of the repealed Act, the Transport Planning and Coordination Act 1994 , section 32 continues to apply in relation to the application for a stay. (sec.128-ssec.7) Subsection (8) applies if, immediately before the commencement— a decision had been made under the Transport Planning and Coordination Act 1994 , section 32(2) or 34(1) in relation to an original decision; but the decision had not been given, or had not taken, effect. (sec.128-ssec.8) The decision under the Transport Planning and Coordination Act 1994 — is taken to have been made under the national law, section 216 as if the decision had been made by the Regulator under the national law; and must be given or takes effect accordingly. (sec.128-ssec.9) In this section— original decision has the same meaning as in the repealed Act, section 259. - (a) an original decision had been made under the repealed Act; and - (b) the period within which a person could have applied for a review of the decision under the Transport Planning and Coordination Act 1994 , section 31 had not expired. - (a) a person had applied under the Transport Planning and Coordination Act 1994 , section 31 for a review of an original decision; but - (b) the chief executive had not decided the application. - (a) a person had applied under the Transport Planning and Coordination Act 1994 , section 32(1) for a stay of an original decision; but - (b) QCAT had not decided the application. - (a) a decision had been made under the Transport Planning and Coordination Act 1994 , section 32(2) or 34(1) in relation to an original decision; but - (b) the decision had not been given, or had not taken, effect. - (a) is taken to have been made under the national law, section 216 as if the decision had been made by the Regulator under the national law; and - (b) must be given or takes effect accordingly.