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TASMANIA
__________
ADMINISTRATIVE APPEALS
(MISCELLANEOUS AMENDMENTS) BILL
2003
__________
CONTENTS
1. Short title
2. Commencement
3. Miscellaneous amendments
Schedule 1 Miscellaneous Amendments
[Bill 55]-III
2
ADMINISTRATIVE APPEALS
(MISCELLANEOUS AMENDMENTS) BILL
2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Agricultural and Veterinary
Chemicals (Control of Use) Act 1995, the Fishing
(Licence Ownership and Interest) Registration Act
2001, the Local Government (Highways) Act 1982, the
Meat Hygiene Act 1985 and the Teachers
Registration Act 2000
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Administrative Appeals
(Miscellaneous Amendments) Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 55] 3
s. 3 No. Administrative Appeals (Miscellaneous 2003
Amendments)
Miscellaneous amendments
3. The Acts specified in Schedule 1 are amended as
specified in that Schedule.
4
2003 Administrative Appeals (Miscellaneous No. sch. 1
Amendments)
SCHEDULE 1 MISCELLANEOUS AMENDMENTS
Section 3
Agricultural and Veterinary Chemicals (Control
of Use) Act 1995
1. Section 57 is amended as follows:
(a) by omitting from subsection (3) ", within 14
days from the date of the seizure, appeal to a
magistrate against the seizure." and
substituting "apply to the Magistrates Court
(Administrative Appeals Division) for a review
of the seizure.";
(b) by omitting from subsection (4) "On an appeal
under subsection (3), a magistrate" and
substituting "In addition to its powers under
the Magistrates Court (Administrative Appeals
Division) Act 2001, the Magistrates Court
(Administrative Appeals Division)";
(c) by omitting paragraph (a) from subsection (4);
(d) by omitting from subsection (6) "power" and
substituting "powers";
(e) by omitting subsection (7).
Fishing (Licence Ownership and Interest)
Registration Act 2001
1. Sections 16 and 17 are repealed and the following
section is substituted:
5
sch. 1 No. Administrative Appeals (Miscellaneous 2003
Amendments)
Applications for review
16. (1) A person who holds or claims to hold an
interest in a licence may apply to the Magistrates
Court (Administrative Appeals Division) for a review
of
(a) an entry in the register relating to that
licence; or
(b) a refusal to register under
section 8(4)(b); or
(c) the cancellation of an entry in the
register relating to that licence; or
(d) the variation of an entry in the register
relating to that licence.
(2) In addition to its powers under the
Magistrates Court (Administrative Appeals Division)
Act 2001, the Magistrates Court (Administrative
Appeals Division) may order the Registrar to
(a) cancel an entry in the register; or
(b) make an entry in the register; or
(c) re-enter a cancelled entry in the register;
or
(d) make or omit a specified variation of an
entry in the register.
Local Government (Highways) Act 1982
1. Section 14 is amended as follows:
6
2003 Administrative Appeals (Miscellaneous No. sch. 1
Amendments)
(a) by omitting subsections (6) and (7) and
substituting the following subsections:
(6) The corporation is to refer each
objection that it is notified of under subsection
(5) to the Magistrates Court (Administrative
Appeals Division).
(7) The Magistrates Court
(Administrative Appeals Division) has power
to receive and determine the objection as if it
were an application to review the decision
relating to the proposed closure or diversion
and, in addition to its powers under the
Magistrates Court (Administrative Appeals
Division) Act 2001, the Court may make a local
highway order
(a) upholding the objection; or
(b) authorizing the proposed closure
or diversion.
(b) by omitting from subsection (8) "subsection
(7)(a)(ii)" and substituting "subsection (7)(b)";
(c) by omitting from subsection (8) "magistrate"
and substituting "Magistrates Court
(Administrative Appeals Division)";
(d) by omitting from subsection (9) "a magistrate
makes an order under subsection (7)(a)(ii)" and
substituting "the Magistrates Court
(Administrative Appeals Division) makes an
order under subsection (7)(b)".
7
sch. 1 No. Administrative Appeals (Miscellaneous 2003
Amendments)
Meat Hygiene Act 1985
1. Section 34 is amended as follows:
(a) by omitting subsection (3) and substituting the
following subsection:
(3) A person may apply to the
Magistrates Court (Administrative Appeals
Division) for a review of the Chief Inspector's
decision to serve the person with a notice
under subsection (2).
(b) by omitting subsection (4).
Teachers Registration Act 2000
1. Section 29 is repealed and the following section is
substituted:
Applications for review
29. (1) A person may apply to the Magistrates Court
(Administrative Appeals Division) for a review of a
decision that the person is given notice of under
section 28.
(2) In addition to any other order or power it
may make or exercise in determining the
application, the Magistrates Court (Administrative
Appeals Division) may order the Board to take an
action under section 18 or 26.
8 Government Printer, Tasmania