sec.129External review of decisions

### sec.129 External review of decisions Subsection (2) applies if, immediately before the commencement— an internal review decision had been made under the Transport Planning and Coordination Act 1994 , section 34(1); and the period within which a person could have applied for a review of the decision under the repealed Act, section 260(2) had not expired. The person may, before that period expires, apply under the national law, section 217(1) for a review of the decision as if the decision had been made by the Regulator under section 216(4) of that law. Subsection (4) applies if, immediately before the commencement— a person had applied under the repealed Act, section 260(2) for a review of an internal review decision; but QCAT had not decided the application. The application is taken to be an application made by the person under the national law, section 217(1) for a review of the internal review decision as if the decision had been made by the Regulator under section 216(4) of that law. Subsection (6) applies if, immediately before the commencement— a person had applied under the QCAT Act, section 22(3) for a stay of an internal review decision to which subsection (4) of this section applies; but QCAT had not decided the application. The application is taken to be an application made by the person under the QCAT Act, section 22(3) for a stay of the internal review decision as if the decision had been made by the Regulator under the national law, section 216(4). Subsection (8) applies if, immediately before the commencement— QCAT had made a decision under the QCAT Act, section 22(3) or 24(1) in relation to an internal review decision; but the decision had not been given, or had not taken, effect. The decision under the QCAT Act— is taken to have been made under that Act as if the internal review decision had been made by the Regulator under the national law; and must be given or takes effect accordingly. In this section— internal review decision has the same meaning as in the repealed Act, section 260. (sec.129-ssec.1) Subsection (2) applies if, immediately before the commencement— an internal review decision had been made under the Transport Planning and Coordination Act 1994 , section 34(1); and the period within which a person could have applied for a review of the decision under the repealed Act, section 260(2) had not expired. (sec.129-ssec.2) The person may, before that period expires, apply under the national law, section 217(1) for a review of the decision as if the decision had been made by the Regulator under section 216(4) of that law. (sec.129-ssec.3) Subsection (4) applies if, immediately before the commencement— a person had applied under the repealed Act, section 260(2) for a review of an internal review decision; but QCAT had not decided the application. (sec.129-ssec.4) The application is taken to be an application made by the person under the national law, section 217(1) for a review of the internal review decision as if the decision had been made by the Regulator under section 216(4) of that law. (sec.129-ssec.5) Subsection (6) applies if, immediately before the commencement— a person had applied under the QCAT Act, section 22(3) for a stay of an internal review decision to which subsection (4) of this section applies; but QCAT had not decided the application. (sec.129-ssec.6) The application is taken to be an application made by the person under the QCAT Act, section 22(3) for a stay of the internal review decision as if the decision had been made by the Regulator under the national law, section 216(4). (sec.129-ssec.7) Subsection (8) applies if, immediately before the commencement— QCAT had made a decision under the QCAT Act, section 22(3) or 24(1) in relation to an internal review decision; but the decision had not been given, or had not taken, effect. (sec.129-ssec.8) The decision under the QCAT Act— is taken to have been made under that Act as if the internal review decision had been made by the Regulator under the national law; and must be given or takes effect accordingly. (sec.129-ssec.9) In this section— internal review decision has the same meaning as in the repealed Act, section 260. - (a) an internal review decision had been made under the Transport Planning and Coordination Act 1994 , section 34(1); and - (b) the period within which a person could have applied for a review of the decision under the repealed Act, section 260(2) had not expired. - (a) a person had applied under the repealed Act, section 260(2) for a review of an internal review decision; but - (b) QCAT had not decided the application. - (a) a person had applied under the QCAT Act, section 22(3) for a stay of an internal review decision to which subsection (4) of this section applies; but - (b) QCAT had not decided the application. - (a) QCAT had made a decision under the QCAT Act, section 22(3) or 24(1) in relation to an internal review decision; but - (b) the decision had not been given, or had not taken, effect. - (a) is taken to have been made under that Act as if the internal review decision had been made by the Regulator under the national law; and - (b) must be given or takes effect accordingly.