Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 12

Appeal to Magistrates' Court

12. Appeal to Magistrates' Court



(1) If the Corporation decides to-

   (a)  refuse an application for registration of a motor vehicle or trailer;
        or

   (b)  refuse to register a motor vehicle or trailer unconditionally under
        this Part; or

   (c)  cancel or suspend, other than a suspension in accordance with Part 8
        of the Infringements Act 2006 under section 9AA, the registration of a
        motor vehicle or trailer-

the applicant or owner may, in accordance with the regulations, appeal against
that decision to the Magistrates' Court.

(2) On an appeal under subsection (1) the court must-

   (a)  re-determine the matter of the refusal, cancellation or suspension;
        and

   (b)  hear any relevant evidence tendered by the appellant or the
        Corporation; and

   (c)  without limiting its discretion, take into consideration anything that
        the Corporation ought to have considered.

(3) Every decision of the Magistrates' Court on an appeal under this section
is final and conclusive and must be given effect to by the Corporation.