Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 219L

219L QCAT’s power to suspend orders

(1) This section applies if—

(a) QCAT makes an order under section 219I ; or

(b) QCAT, by order under section 219J , imposes a discipline mentioned in section 219J (2) ; or

(c) discipline is imposed on a prescribed person by a decision-maker of a reviewable decision and an application is made to QCAT for a review of the reviewable decision.

(2) QCAT may suspend the order or discipline if it considers it is appropriate to do so in the circumstances.

(3) QCAT must state an operational period for the period of suspension and the suspension may be given on conditions.

(4) If the person who is subject to the order or discipline is found to have committed an act of corruption or to have contravened a condition during the operational period—

(a) for a person mentioned in section 50 (3) , definition prescribed person , paragraph (a) (i) —QCAT may, on an application by the commission or the commissioner of police and after hearing any submission made by the prescribed person—

(i) revoke the suspension and give effect to the order or discipline; or

(ii) continue the suspension and vary or cancel any conditions to which it is subject; or

(b) for another prescribed person—on the finding—

(i) the suspension is revoked; and

(ii) the order or discipline has immediate effect.

(5) If the person is not found to have committed an act of corruption or to have contravened a condition during the operational period, the order or discipline is taken to have been discharged or satisfied.

(6) Subsection (4) does not limit the person’s liability to the making of a further order for the further act of corruption.

(7) This section does not apply to a disciplinary declaration.