South Australian Consolidated Acts

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RADIATION PROTECTION AND CONTROL ACT 1982 - SECT 41

41—Review of decisions relating to authorities

        (1)         A person aggrieved by a decision of the Minister—

            (a)         to refuse to grant a licence or registration; or

            (b)         to attach a condition to a licence or registration; or

            (c)         to vary a condition of a licence or registration; or

            (d)         to suspend a licence or registration; or

            (e)         to cancel a licence or registration; or

            (f)         to give a direction in relation to the suspension or cancellation of a licence or registration,

may apply to the Supreme Court for a review of the decision.

        (2)         The application for review must be made within one month after the making of the decision to be reviewed, but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the application be so made.

        (3)         A person making a decision referred to in subsection (1) must, if so requested in writing by any person affected by the decision, give a written statement of the reasons for the decision.

        (4)         If a written statement of the reasons for the decision is not given at the time of the making of the decision and the person affected by the decision within fourteen days requests in writing that he or she be given a written statement of the reasons, the time for making the application for review runs from the time of service upon the person of the written statement of those reasons.

        (5)         The Supreme Court may, on the review, do one or more of the following, according to the nature of the case—

            (a)         confirm the decision subject to the review;

            (b)         substitute, or make in addition, a decision that should in the opinion of the Court have been made in the first instance;

            (c)         make further or other orders as to costs or other matters.



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