Queensland Consolidated Acts Queensland Consolidated Acts(1) A person who is aggrieved by the Minister's decision--
(a) refusing a permit under this part; or
(b) cancelling a permit under this part; or
(c) refusing to identify any person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind; or
(d) revoking an instrument identifying any person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind; or
(e) refusing to identify any person or association of persons as a bulk customer of a relevant person in relation to a particular refined liquid petroleum product; or
(f) revoking an instrument identifying any person or association of persons as a bulk customer of a relevant person in relation to a particular refined liquid petroleum product;
may appeal against that decision to a Magistrates Court constituted by a stipendiary magistrate under the Justices Act 1886.
(2) Every such appeal shall be instituted within 28 days after the person aggrieved has been informed in writing of the refusal or cancellation in question or, in the case of a revocation, of the receipt of the copy instrument in accordance with section 11 or, as the case may be, section 12, and not thereafter, by filing in the office of the clerk of the court the prescribed form, payment of the prescribed fee and service of a copy of the prescribed form, endorsed with the official stamp of such clerk of the court, on the Minister or another person nominated by the Minister either generally or in a particular case.
(3) Every such appeal shall be heard at the place where the appellant is employed or carries on the appellant's business or calling or if that place is not appointed as a place for holding Magistrates Courts at the place so appointed nearest to such firstmentioned place and, subject to this section, the provisions of the Justices Act 1886, with all necessary modifications, shall apply in respect of the proceedings and every order made therein.
(4) The parties to every such appeal shall be the appellant and the Minister each of whom may appear in person or be represented by counsel or solicitor or an agent acceptable to the court.
(5) Upon every such appeal the court may by its order confirm or reverse the Minister's decision the subject of the appeal.
(5A) Where an order reverses the Minister's decision the order shall be deemed to be the Minister's decision, subject to its being set aside upon any further appeal, and, subject as aforesaid, shall be given effect by the Minister and all persons concerned.
(5B) Jurisdiction is hereby conferred on every Magistrates Court accordingly.
(5C) Costs shall not be awarded to either party to an appeal by a Magistrates Court.
(6) In the event that a decision against which an appeal lies has been made by a delegate of the Minister every reference in this section to the Minister's decision shall be construed as a reference to the delegate's decision.