Queensland Consolidated Acts

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LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 - SECT 24

24 Reason for exclusion--right of appeal

(1) If any person is refused entry to or is prevented from entering upon or remaining in the Shire of Aurukun or the Shire of Mornington the council of the shire concerned shall, on the demand of that person, cause to be given to the person a notice in writing that sets out the reason for the refusal or prevention.

(2) A person who is refused entry to or is prevented from entering upon or remaining in a shire referred to in subsection (1) and who claims to be authorised by this Act or local laws referred to in section 21 to enter, be in or reside in the shire may appeal in respect of such refusal or prevention by written application to a magistrate who for the time being is appointed as a local government (Aboriginal lands) appeals magistrate.

(3) The Governor in Council may appoint such number of magistrates as the Governor in Council thinks fit to be local government (Aboriginal lands) appeals magistrates as the Governor in Council thinks fit.

(4) Upon an application referred to in subsection (2) having been made the magistrate may require the applicant and the council of the shire to which the application relates to furnish such information as the magistrate deems necessary to enable the magistrate to determine the matter of the application.

(5) Upon receipt of the information sought or in default of any such information being furnished within a time specified by the magistrate, when the magistrate is satisfied of the facts of the case, the magistrate may make such order as appears to the magistrate to be in accordance with law.

(6) The order of the magistrate--

(a) shall be final; and
(b) shall bind the applicant and the council of the shire concerned and its agents; and
(c) shall be given effect.


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