New South Wales Repealed Acts

This legislation has been repealed.

FARM PRODUCE ACT 1983 - SECT 19

19 Appeals

(1) A person who is aggrieved by:

(a) a refusal by the registrar to:

(i) grant a licence, or

(ii) lift a disqualification under section 10 (5),

(b) a requirement made by the registrar under section 13, 14 or 15,

(c) the cancellation by the registrar of a licence under section 16, or

(d) the disqualification of a person from holding a licence imposed by section 10 or under section 10A or 17,

may, within 28 days after the refusal, the making of the requirement, the cancellation or the disqualification, appeal to the District Court in accordance with the rules of court.

(2) In hearing an appeal under subsection (1), the District Court is not bound by the rules or practice as to evidence and may inform itself of any matter in such manner as it thinks fit.

(2A) A Judge in determining an appeal under subsection (1) shall have regard to the public interest in the orderly marketing of farm produce and the merits and circumstances of the particular case.

(3) In determining an appeal under subsection (1), the District Court:

(a) may:

(i) confirm the refusal, requirement, cancellation or disqualification the subject of the appeal,

(ii) in the case of an appeal under subsection (1) (a), direct that the registrar grant a licence to the person aggrieved or, as the case may be, lift a disqualification in respect of the person,

(iii) in the case of an appeal under subsection (1) (b) or (c), revoke the requirement or cancellation the subject of the appeal, or

(iv) in the case of an appeal under subsection (1) (d), lift or revoke the disqualification the subject of the appeal or, if appropriate, vary the period of the disqualification the subject of the appeal, and

(b) may make such other orders as may be necessary or appropriate.

(4) The decision of the District Court in respect of an appeal under subsection (1) shall be final and conclusive and shall be given effect to by the registrar.

(5) Where the registrar fails to determine an application made under section 9 for the grant of a licence, or section 10 (4) for a disqualification to be lifted, within a period of 90 days after receipt of the application, the registrar shall, for the purposes of this section be deemed, at the expiration of the period, to have refused to grant the licence or, as the case may be, to have refused to lift the disqualification.