Northern Territory Consolidated Acts

PROSTITUTION REGULATION ACT - SECT 37

(1) The Tribunal may on an appeal against a decision of the Commission -

(a) affirm the decision;

(b) make any other decision that the Commission could have made, and direct the Commission to take any action necessary to give effect to the Tribunal's decision in substitution for that of the Commission; or

(c) remit the decision to the Commission with a direction to reconsider it,

and the Commission has power to do all such things as are necessary to comply with a direction under paragraph (b) or to give effect to a decision made by the Board after complying with a direction under paragraph (c).

(2) On 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, the Tribunal -

(a) if satisfied that the individual has not been found guilty of the offence, or any of the offences, specified in the notification of refusal or cancellation given to the individual under that section - shall, as the case requires, direct the Commissioner to issue a certificate to the individual or quash the cancellation; and

(b) in any other case shall, subject to subsection (3), dismiss the appeal.

(3) If on an appeal to which subsection (2) applies it appears to the Tribunal that the individual has been found guilty of an offence specified in the notification there referred to, but that there are adequate grounds for disregarding the offence for the purposes of section 9, it shall direct that the offence be so disregarded and exercise the appropriate power conferred on it by subsection (2)(a).

(4) The Tribunal has power on an appeal to make orders as to costs as follows:

(a) where the Minister is the appellant, it may order the Minister to pay an amount by way of costs to any other person appearing at the hearing;

(b) where the appellant is a person other than the Minister, it may -

(i) if of the opinion that the appeal was frivolous or vexatious or brought otherwise than in good faith - order the appellant to pay an amount by way of costs to any other person appearing at the hearing; or

(ii) if of the opinion that it is reasonable to do so having regard to the complexity of the case - order the Commission or the Commissioner of Police to pay an amount by way of costs to the appellant.

(5) The person in whose favour an order is made under subsection (4) may recover the amount specified in the order from the person against whom it is made as a debt due and payable.

(6) Where a decision of the Commission cancelling an operator's licence is quashed by the Tribunal on appeal, the cancellation of a manager's licence by the Commission under section 31(5) on the cancellation of the operator's licence is revoked and the manager's licence is re-instated as if the Commission had not exercised its power under that subsection.