QLDIn ForceAct
Transport Planning and Coordination Act 1994
sec.36AStay of operation of reviewed decision
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### sec.36A Stay of operation of reviewed decision
If a person appeals against a reviewed decision to the appeal court, the person may immediately apply to the appeal court for a stay of the decision.
The appeal court may stay the reviewed decision to secure the effectiveness of the appeal.
In setting the time for hearing the stay application, the appeal court must allow at least 3 business days between the day the application is filed with it and the hearing day.
The chief executive is a party to the application.
The person must serve a copy of the application showing the time and place of the hearing and any document filed in the appeal court with it on the chief executive at least 2 business days before the hearing.
The stay—
may be given on conditions that the appeal court considers appropriate; and
operates for the period specified by the appeal court, but not extending past the time when the court decides the appeal; and
may be revoked or amended by the appeal court.
Apart from a stay of the operation of a decision, an appeal does not affect the operation or carrying out of the decision.
s 36A ins 1997 No. 66 s 138
(sec.36A-ssec.1) If a person appeals against a reviewed decision to the appeal court, the person may immediately apply to the appeal court for a stay of the decision.
(sec.36A-ssec.2) The appeal court may stay the reviewed decision to secure the effectiveness of the appeal.
(sec.36A-ssec.3) In setting the time for hearing the stay application, the appeal court must allow at least 3 business days between the day the application is filed with it and the hearing day.
(sec.36A-ssec.4) The chief executive is a party to the application.
(sec.36A-ssec.5) The person must serve a copy of the application showing the time and place of the hearing and any document filed in the appeal court with it on the chief executive at least 2 business days before the hearing.
(sec.36A-ssec.6) The stay— may be given on conditions that the appeal court considers appropriate; and operates for the period specified by the appeal court, but not extending past the time when the court decides the appeal; and may be revoked or amended by the appeal court.
(sec.36A-ssec.7) Apart from a stay of the operation of a decision, an appeal does not affect the operation or carrying out of the decision.
- (a) may be given on conditions that the appeal court considers appropriate; and
- (b) operates for the period specified by the appeal court, but not extending past the time when the court decides the appeal; and
- (c) may be revoked or amended by the appeal court.