Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 333

333 Pending legal proceedings

(1) A legal proceeding that has been started, or could have been started, by or against the former council before the commencement may be started or continued by or against the QBCC commissioner.

(2) For section 256(1), the QBCC commissioner is taken to have knowledge of the commission of a past offence—

(a) if the offence came to the former council’s knowledge; and

(b) when the offence came to the former council’s knowledge.

(3) Subsection (4) applies if a prosecution for an offence against the unamended Act is started by a person under section 256 (2) of that Act before the commencement.

(4) On and from the commencement, the commissioner is taken to be the complainant for continuing the prosecution.

(5) In this section—

"legal proceeding" means a proceeding before a court or tribunal.

"past offence" means an offence against this Act for which—

(a) the alleged date of commission of the offence was before the commencement; and

(b) the prosecution for the offence had not yet started on the commencement.