Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if a Magistrates Court hears and decides an appeal against the police commissioner's decision under section 109 that information given to the chief executive about a person is investigative information.
(2) If the court sets aside the decision appealed against, the person may—
(a) if the person was issued a negative notice or negative exemption notice on the basis of the information—apply under section 100 to cancel the negative notice or negative exemption notice issued to the person on the grounds that the decision to issue the notice was based on wrong information; or
(b) if the person's eligibility application was refused on the basis of the information—apply under section 107N for the chief executive to revoke the refusal on the grounds the refusal was based on wrong information.
(3) If the court confirms the decision appealed against—
(a) the person who appealed the decision may apply, within 28 days after receiving the notice under section 112(4) and as otherwise provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive if—
(i) the person is not a disqualified person; and
(ii) the decision is a part 10 reviewable decision as defined under section 108; and
(b) the notice under section 112(4) must state how, and the period within which, the person may apply for the review.
(4) If a person applies under subsection (3)(a) to have a decision reviewed, the tribunal may not—
(a) stay the operation of the decision; or
(b) grant an injunction in the proceeding for the review.
(5) In this section—
issue—
(a) in relation to a negative notice—includes substitute a negative notice after cancelling a positive notice; and
(b) in relation to a negative exemption notice—includes substitute a negative exemption notice after cancelling a positive exemption notice.