Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 196

196 Stay of operation of original decision

(1) An internal review application does not stay the original decision the subject of the application.

(2) However, the applicant may immediately apply for a stay of the original decision to the relevant body.

(3) The relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.

(4) The stay—

(a) may be given on conditions the relevant body considers appropriate; and

(b) operates for the period fixed by the relevant body; and

(c) may be amended or revoked by the relevant body.

(5) The period of the stay must not extend past the time when the chief executive makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.

(6) An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.

(7) In this section—

"relevant body" means—

(a) for an original decision to seize or forfeit an animal or other thing—the Magistrates Court; or

(b) for another original decision—QCAT.