Appeals to District Court
42 Appeals to District Court
A person may appeal to the District Court against any of the following decisions:
a refusal to grant a licence under section 17 on application by the person under section 15;
a decision under section 18 to impose a condition on, or vary a condition of, a licence held by the person (including a condition imposed on the grant of the licence);
a decision to suspend or cancel a licence held by the person under section 23;
a refusal to appoint a proposed appointee as a responsible person under section 28(1)(b) for a licence held by the person;
a decision to cancel the appointment of a substitute responsible person under section 29(4) in respect of a licence held by the person;
a refusal to extend the appointment of a person as a substitute responsible person under section 29(7);
a refusal to appoint a person as a substitute responsible person under section 30.
If the Commissioner grants a licence to a person after receiving a notice of objection under section 16 in respect of the application for the licence, the designated entity that lodged the notice of objection may appeal to the District Court against the granting of the licence on the grounds that—
the holder of the licence is not a fit and proper person to be the holder of a licence; or
in the case of a licence granted to a body corporate—1 or more directors of the body corporate are not fit and proper persons to be directors of a body corporate that is the holder of a licence.
An appeal under this section must be instituted within—
in the case of an appeal under subsection (1)—28 days after the making of the decision appealed against;
in the case of an appeal under subsection (2)—14 days after the Commissioner gives notice under section 16(4)(b).
Subject to section 33, the Commissioner must, if so required by an appellant, state in writing the reasons for the Commissioner's decision.
If the reasons of the Commissioner are not given in writing at the time of making the decision and the appellant (within the time allowed for instituting the appeal) requires the Commissioner to state the reasons in writing, the time for instituting an appeal runs from the time at which the appellant receives the written statement of those reasons.
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