Victorian Consolidated Legislation

Grain Handling and Storage Act 1995 - SECT 24E

Appeals

24E. Appeals



(1) A person who is aggrieved by a requirement of the Commission under section
24B(1)(a) or a decision of the Commission under section 24C(4) may appeal
against that requirement or decision.

(2) An appeal may only be made on the ground that-

   (a)  the requirement or decision was not made in accordance with the law;
        or

   (b)  the requirement or decision is unreasonable having regard to all
        relevant circumstances.

(3) The person must lodge notice of the appeal with the Commission within 7
working days after the person is given notice of the requirement or decision.

(4) On the hearing of an appeal under this section, the Commission bears the
onus of establishing that-

   (a)  the requirement or decision was made in accordance with the law; and

   (b)  the requirement or decision is reasonable having regard to all
        relevant circumstances.

(5) Sections 56 to 59 of the Essential Services Commission Act 2001 apply to
an appeal under this section.

(6) For the purposes of subsection (5)-

   (a)  section 56 of the Essential Services Commission Act 2001 applies as if
        paragraph (b) formed part of subsection (7) of that section;

   (b)  in the case of an appeal under section 24E(1)-

   (i)  may affirm, cancel or modify the requirement made under section
        24B(1)(a);

   (ii) may affirm, cancel or modify the terms of a confidentiality agreement
        decided by the Commission under section 24C(4);

   (iii) may remit the matter back to the Commission to be dealt with in
        accordance with the decision and recommendations (if any) of the
        appeal panel;

   (iv) the appeal must be heard and decided within 7 working days of the
        appeal panel being constituted or, if the appeal panel requires
        further time, within a further period not exceeding 7 working days;

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Division 3-Licences