sec.492Other existing reviews and appeals

sec.492 Other existing reviews and appeals

This section applies if— before the commencement, a person— applied for a review of a decision of the commissioner under section 121 of the unamended Act; or appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and the review or appeal has not been decided at the commencement; and section 491 does not apply to the review or appeal. The entity hearing the review or appeal must apply this Act in relation to the matter the subject of the review or appeal. Without limiting subsection (2), the entity may exercise a power of the commissioner under chapter 8, part 6, divisions 6 and 7 for deciding a review of or appeal against a decision of the commissioner as to whether or not there is an exceptional case for a person. Subsection (5) applies if a disqualified person applied for the review or the review to which the appeal relates before the person became a disqualified person. The entity hearing the review or appeal, or any proceeding in relation to the review or appeal, must dismiss the review or appeal, or the proceeding, on its own initiative or on application by the commissioner. s 492 ins 2010 No. 5 s 64 (sec.492-ssec.1) This section applies if— before the commencement, a person— applied for a review of a decision of the commissioner under section 121 of the unamended Act; or appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and the review or appeal has not been decided at the commencement; and section 491 does not apply to the review or appeal. (sec.492-ssec.2) The entity hearing the review or appeal must apply this Act in relation to the matter the subject of the review or appeal. (sec.492-ssec.3) Without limiting subsection (2), the entity may exercise a power of the commissioner under chapter 8, part 6, divisions 6 and 7 for deciding a review of or appeal against a decision of the commissioner as to whether or not there is an exceptional case for a person. (sec.492-ssec.4) Subsection (5) applies if a disqualified person applied for the review or the review to which the appeal relates before the person became a disqualified person. (sec.492-ssec.5) The entity hearing the review or appeal, or any proceeding in relation to the review or appeal, must dismiss the review or appeal, or the proceeding, on its own initiative or on application by the commissioner.

• (a) before the commencement, a person— (i) applied for a review of a decision of the commissioner under section 121 of the unamended Act; or (ii) appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and
• (i) applied for a review of a decision of the commissioner under section 121 of the unamended Act; or