Review of decision to give notice
10 Review of decision to give notice
A person who is given a notice under section 55A(1) of the Act may apply to the Local Court for a review of the notice.
The applicant must do so within:
21 days after receiving the notice; or
a longer period allowed by the Court.
Subject to any order made by the Court, the application stays the operation of the notice until the application is decided.
The Commissioner is a party to the proceedings for the review.
The Court may:
conduct the review in any way it considers appropriate; and
after considering evidence and representations brought before the Court:
amend or revoke the notice if the Court considers it appropriate to do so; or
otherwise - refuse the application.
In conducting the review, the Court must consider the matter afresh and is not bound by anything considered by the Commissioner.
Without limiting subregulation (6), the Court may:
admit evidence that was not considered by the Commissioner in giving the notice; and
refuse to admit evidence that was considered by the Commissioner in giving the notice.
If another person specified in the notice has also been given a notice under section 55A(1) of the Act, the Court may amend or revoke that other notice if the Court considers it appropriate to do so.
The Commissioner cannot be compelled to give evidence relating to the giving of the notice or the basis on which the notice was given.
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