Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 26

Appeal to Magistrates' Court

26. Appeal to Magistrates' Court



(1) If the Corporation decides to-

   (a)  refuse an application for a driver licence, a driver licence variation
        or a permit; or

   (b)  in accordance with section 24(2), suspend, cancel or vary in any way a
        driver licence or permit-

the applicant or holder 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, suspension, cancellation or
        variation; 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) If the court is satisfied that the refusal, suspension, cancellation or
variation-

   (a)  results from a driving disqualification of the appellant in another
        State or Territory of the Commonwealth; or

   (b)  was required by the regulations-

the court must confirm the decision of the Corporation.

(4) Every decision of the Magistrates' Court on an appeal under this section
must be given effect to by the Corporation.