Powers of reviewing authority on appeal
73 Powers of reviewing authority on appeal
On an appeal, the reviewing authority may—
affirm, vary or revoke the decision appealed against; and
if it revokes the decision—substitute another decision of the kind appealed against that the reviewing authority thinks appropriate.
If the decision is varied or revoked or revoked with the substitution of another decision, the decision is taken to have effect, and always to have had effect, accordingly.
If the decision appealed against is a decision under section 64 to take possession of plant, a substance or a thing at a workplace and the decision is not affirmed, the OHS inspector who made the decision must ensure, to the extent the decision is not affirmed, the plant, substance or thing is returned to the workplace as soon as practicable.
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