Victorian Consolidated Legislation

Sustainable Forests (Timber) Act 2004 - SECT 76

Appeals against suspension notices

76. Appeals against suspension notices



(1) A person to whom a suspension notice is issued or, if that person is an
employee, that person's employer, may appeal against the notice to the
Magistrates' Court.



(2) An appeal under subsection (1) must be-

   (a)  in writing; and

   (b)  made within 7 days after a suspension notice is issued.

(3) The Magistrates' Court must inquire into the circumstances relating to the
notice and may-

   (a)  affirm the notice; or

   (b)  affirm the notice with such modifications as it thinks fit; or

   (c)  cancel the notice.

(4) Subject to any order to the contrary made by the Magistrates' Court, the
operation of the suspension notice continues pending the decision of the
Magistrates' Court under subsection (3).

(5) If the Magistrates' Court affirms the suspension notice or affirms the
suspension notice with modifications, the person to whom the suspension notice
was issued must comply with the suspension notice as so affirmed.

Penalty: 60 penalty units.