Victorian Consolidated Regulations

2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 403

Appeal to the Magistrates' Court

403. Appeal to the Magistrates' Court



(1) An appeal to the Magistrates' Court under section 26 of the Act must be
made within 28 days after-

   (a)  the affected person is notified of the Corporation's decision, if the
        decision was not reviewed under regulation 402; or

   (b)  the affected person is notified of the Corporation's decision under
        regulation 402(3), if the decision was reviewed under regulation 402.

(2) If the Corporation fails to notify the affected person of its decision as
required by regulation 402(4), the person may appeal to the Magistrates' Court
within 28 days after the end of the period mentioned in that subregulation.

(3) The Magistrates' Court must cause particulars of an order made on an
appeal to be sent immediately to the Corporation.





(4) A person who appeals to the Magistrates' Court under section 26 of the Act
must-

   (a)  provide notice in writing of the appeal to the clerk of the
        Magistrates' Court, requesting the clerk to endorse a copy of the
        notice with the date on which the appeal is to be heard; and

   (b)  serve on the Corporation the endorsed copy of the notice, not less
        than 14 days before the hearing date.