Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A person who has been refused registration under section 7(1) may apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal.
(2) If the conditions to which a registration is subject are altered under section 8(3), the registered animal farmer may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision to alter the conditions.
(3) If a registration is cancelled under section 14(1), the animal farmer concerned may apply to the Magistrates Court (Administrative Appeals Division) for a review of the cancellation.
(4) If the Court decides to set aside the Secretary's decision referred to in subsection (1), (2) or (3) and remit the matter for reconsideration by the Secretary, this Act applies to the matter, the animal farmer concerned and the registration as if the Secretary had not made the decision to refuse to grant registration, alter the conditions to which the registration is subject or cancel the registration which gave rise to the review.
(5) Notwithstanding subsection (4), an animal farmer is not entitled to apply for a review under this section in respect of the decision of the Secretary to refuse to grant registration, alter the conditions to which a registration is subject or cancel a registration if that decision is made on a reconsideration of a matter by the Secretary in accordance with a direction given by the Court.
(6) If a review is applied for and the decision under review is affirmed, the determination of the Secretary that gave rise to the review –
(a) takes effect on the day specified by the Court affirming the decision; and
(b) is of no effect until that day.
(7) If a review is applied for and the decision under review is not affirmed –
(a) the determination of the Secretary that gave rise to the review is of no effect; and
(b) where that determination was a refusal to grant a further registration to an animal farmer who, immediately before the making of the determination, was a registered animal farmer, the Secretary is taken, for the purposes of section 12(3), to have neither granted nor refused to grant the further registration.