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DANGEROUS GOODS ACT 1985 - SECT 20 Which decisions are reviewable

DANGEROUS GOODS ACT 1985 - SECT 20

Which decisions are reviewable

    (1)     The following table sets out—

        (a)     decisions made under this Act that are reviewable in accordance with this Part ( reviewable decisions ); and

        (b)     who is eligible to apply for a review of a reviewable decision (the eligible person in relation to the reviewable decision).

S. 20(1A) inserted by No. 66/2008 s. 11.

    (1A)     In addition, regulations made under this Act may specify that a decision made by the Authority under a prescribed provision of those regulations is a reviewable decision and specify who is an eligible person in relation to the decision.

    (2)     To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act.

Note

Under section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.

Item

Provision under which reviewable decision is made

Reviewable decision

Eligible person

1.

Section 16A(2)

To impose terms and conditions on the return of a seized thing

(1)     The owner of the seized thing.

(2)     A person who has an interest in the seized thing.

(3)     Any other person whose interests are affected by the decision.

2.

Section 16B(1)

To decide that a seized thing is forfeit

(1)     A person to whom a notice of forfeiture is issued under section 16B(2).

(2)     A person who has an interest in the seized thing.

(3)     Any other person whose interests are affected by the decision.

3.

Section 17A(5)

To confirm a provisional direction

(1)     The person to whom the direction is issued.

(2)     Any other person whose interests are affected by the decision.

4.

Section 17B(1)

To issue a non-disturbance notice

(1)     The person to whom the notice is issued.

(2)     Any other person whose interests are affected by the decision.

Item

Provision under which reviewable decision is made

Reviewable decision

Eligible person

5.

Section 17C(1)

To issue an improvement notice

(1)     The person to whom the notice is issued.

(2)     Any other person whose interests are affected by the decision.

6.

Section 17C(3)(a)

To certify that matters that are the subject of an improvement notice have been remedied

(1)     The person to whom the notice was issued.

(2)     Any other person whose interests are affected by the decision.

7.

Section 17D(1)

To issue a prohibition notice

(1)     The person to whom the notice is issued.

(2)     Any other person whose interests are affected by the decision.

8.

Section 17D(1)

To certify that matters that are the subject of a prohibition notice have been remedied

(1)     The person to whom the notice was issued.

(2)     Any other person whose interests are affected by the decision.

9.

Section 17F

To vary or cancel a non‑disturbance notice, improvement notice or prohibition notice

(1)     The person to whom the notice was issued.

(2)     Any other person whose interests are affected by the decision.

S. 20A inserted by No. 31/2005 s. 12.



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