Northern Territory Consolidated Acts

PROSTITUTION REGULATION ACT - SECT 36

(1) An appeal to the Tribunal shall be instituted by lodging with the Registrar of the Local Court, within the time allowed by or under this section, a written notice of appeal in the prescribed form.

(2) Subject to subsection (4), an appeal against a decision of the Commission shall be lodged -

(a) within the time allowed by section 35(2) for making a request to the Commission under section 35(1); or

(b) where such a request is made, not later than 28 days after the Commission has complied with the request.

(3) Subject to subsection (4), an appeal against the refusal of the Commissioner of Police to issue a certificate under section 9 in respect of an individual, or the cancellation by the Commissioner of a certificate issued under that section in respect of an individual, shall be lodged not later than 28 days after the giving to the individual of the notification of refusal or cancellation required by that section.

(4) Regulations may -

(a) enable a person who is entitled to appeal against a decision of the Commission or the Commissioner of Police to apply to the Tribunal, during the period allowed by this section for lodging a notice of appeal, for an extension of that period; and

(b) prescribe the procedure to be followed in relation to such an application,

and the Tribunal may on such an application grant such an extension if it considers it reasonable to do so in the circumstances of the case.

(5) Where an appeal has been duly instituted, the Registrar shall -

(a) fix a date for the hearing of the appeal by the Tribunal;

(b) in the case of an appeal against a decision of the Commission, give notice in writing of the hearing -

(i) to the appellant;

(ii) where the appellant is not the Minister - to the Minister;

(iii) where the appellant is the Minister -

(A) in the case of a decision referred to in section 34(a) or (c) - to the applicant for the grant or renewal of the licence; or

(B) in the case of a decision referred to in section 34(d) or (f) - to the licensee;

(iv) to the Commission;

(v) to the Commissioner of Police; and

(vi) to any persons or bodies for the time being prescribed for the purposes of section 27(1)(b); and

(c) in the case of an appeal against a refusal of the Commissioner of Police to issue a certificate under section 9, or against the cancellation of such a certificate - give notice in writing of the hearing to the appellant and the Commissioner.

(6) In the case of an appeal against a decision of the Commission, the Commissioner of Police and the persons and bodies referred to in subsection (5)(b)(vi) are entitled to make to the Tribunal representations in writing with respect to the subject matter of an appeal, and the Registrar's notices under subsection (5)(b) shall inform them of that right.

(7) The Commission shall, at the request of the Tribunal, furnish the Tribunal with all the material that was before the Commission in its making of a decision against which an appeal has been duly instituted.

(8) An appeal to the Tribunal shall, unless the Tribunal otherwise decides, be by way of a rehearing.