Victorian Consolidated Legislation

Control of Genetically Modified Crops Act 2004 - SECT 16

Appeals concerning forfeiture

16. Appeals concerning forfeiture



(1) Despite anything in any other Act, a person (including the Crown) affected
by an order under section 15 may appeal against the decision to make the order
as if-

   (a)  the order were a sentence imposed on conviction for the offence to
        which the order relates and against which an appeal may be brought;
        and

   (b)  the sentence were not fixed by law.

(2) The court to which an appeal under subsection (1) is made may confirm,
vary or revoke the order.

(3) Despite anything in any other Act, a person (including the Crown) affected
by a refusal or failure to make an order under section 15 may appeal in
accordance with the Rules of Court of the Magistrates' Court against that
refusal or failure.

(4) An appeal under subsection (3) is to be conducted as a re-hearing and the
court hearing and determining the appeal may exercise any powers that the
Magistrates' Court could have exercised in relation to the original
application.

(5) If an appeal under subsection (1) is made by the Crown, proceedings on the
appeal are to be instituted and conducted in the name of the Crown by the
Director of Public Prosecutions.

(6) An appeal under this section may be heard with any other appeal against a
conviction or sentence for the offence to which the appeal relates.

(7) A person's right of appeal under this section is in addition to any other
right of appeal the person may have.

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