Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies to a positive notice held by a person that is suspended under section 104 (the suspended notice).
(2) The suspension ends if—
(a) the suspended notice is cancelled under another provision of this division; or
(b) on the chief executive's own initiative or on application by the person—
(i) the chief executive cancels the suspended notice and issues a further positive notice or a negative notice to the person; or
(ii) the chief executive cancels the suspended notice as mentioned in subsection (5).
(3) In making a decision to cancel the suspended notice and, subject to subsection (5), issue a further positive notice or a negative notice to the person, the chief executive must make the decision as if it were a decision about an application for a prescribed notice and, for that purpose, sections 85, 86 and 87 apply to the decision under this section.
(4) If the chief executive proposes to issue a negative notice, the chief executive must first comply with section 88.
(5) The chief executive may cancel the suspended positive notice without issuing a further prescribed notice to the person if the chief executive is satisfied that the person is no longer proposing to be engaged in regulated engagement, even if a further positive notice is issued to the person.
(6) Despite an application made by the person as mentioned in subsection (2)(b), the chief executive is not required to decide the application—
(a) while a charge against the person for a disqualifying offence is pending; or
(b) while the person is a relevant disqualified person because the person is subject to a temporary offender prohibition order or interim sexual offender order; or
(c) if the person has been convicted of a disqualifying offence and—
(i) the period allowed for an appeal relating to the conviction or sentence of the person has not ended; or
(ii) an appeal relating to the conviction or sentence has started but has not been decided; or
(d) if the person is subject to a final offender prohibition order, disqualification order or final sexual offender order and—
(i) the period allowed for an appeal relating to the order has not ended; or
(ii) an appeal relating to the order has started but has not been decided.