New South Wales Consolidated Acts

TOTALIZATOR ACT 1997 - SECT 39

39 Appeal against declarations of Minister

(1) A licensee or any other person on whom notice of a declaration of the Minister is served under this Division may appeal to the Supreme Court against the declaration.

(2) An appeal does not lie against a declaration under section 37 annulling a resolution of a licensee.

(3) An appeal under this section must be instituted within 21 days after notice of the declaration under appeal is served on the appellant, unless the appellant has within that 21 day period applied for a review of the declaration under section 38, in which case the appeal may be instituted within 21 days after determination of the application for review. The period fixed by this subsection as the period within which an appeal must be instituted cannot be extended.

(4) Where an appeal concerning a licensee is instituted by a person other than the licensee, the licensee is to be a respondent in addition to the Minister.

(5) The Supreme Court may, on an appeal under this section, if satisfied that proper grounds for making the declaration did not exist, quash or vary the declaration, either conditionally or unconditionally and with effect from the date of the declaration or some other date, as the Court thinks fit, and make any consequential or ancillary orders that may be just.

(6) Notwithstanding an appeal under this section, a declaration other than:

(a) a declaration under section 36 (1) requiring a person to dispose of shares in a licensee, or

(b) a declaration under section 36 (6) that shares in a licensee are forfeited to the State,

continues to have effect pending determination of the appeal.

(7) Except as provided in this Division, a declaration of the Minister under this Division may not be challenged or called into question.