Queensland Consolidated Acts

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ABORIGINES AND TORRES STRAIT ISLANDERS (LAND HOLDING) ACT 1985 - SECT 7

7 Remedy of person aggrieved

(1) A qualified person who is aggrieved by--

(a) a determination by a trustee council of an application made to it under section 5; or
(b) a failure by a trustee council to which an application has been made under section 5 to perform its duty under section 6(1)(a) or (b);

may appeal to the appeal tribunal constituted in accordance with this Act for the community within which is situated the land to which the application relates.

(2) An appeal under subsection (1) shall be instituted in the prescribed form and shall be disposed of by the appeal tribunal's considering de novo and determining the matter of the application as if it were the trustee council to which the application was made.

(3) For the purpose of its disposing of an appeal the appeal tribunal shall be given full and free access to the records of the trustee council to which was made the application to which the appeal relates and may take possession therefrom of the application and any other record relevant thereto.

(4) In disposing of an appeal the appeal tribunal is discharging an administrative function and may receive or gather evidence, written or oral, in such manner and form as it thinks fit.

(5) A person aggrieved by a determination of or a failure in respect of an application must be--

(a) an applicant; or
(b) a person who has objected to the trustee council against the approval of the application.


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