Appeal to Magistrates' Court
12 Appeal to Magistrates' Court
S. 12(1) amended by No. 49/2019 s. 116(Sch. 1 item 21).
If the Secretary decides to—
S. 12(1)(a) amended by No. 49/2019 s. 118(a).
refuse an application for registration of a motor vehicle or trailer other than a refusal under section 16AH; or
refuse to register a motor vehicle or trailer unconditionally under this Part; or
S. 12(1)(c) amended by Nos 12/2006 s. 181, 47/2014 s. 295, substituted by No. 49/2019 s. 118(b).
cancel or suspend the registration of a motor vehicle or trailer other than—
a suspension in accordance with Part 8 of the Fines Reform Act 2014 under section 9AA; or
a cancellation under section 16AE—
the applicant or owner may, in accordance with the regulations, appeal against that decision to the Magistrates' Court.
On an appeal under subsection (1) the court must—
re-determine the matter of the refusal, cancellation or suspension; and
S. 12(2)(b) amended by No. 49/2019 s. 116(Sch. 1 item 21).
hear any relevant evidence tendered by the appellant or the Secretary; and
S. 12(2)(c) amended by No. 49/2019 s. 116(Sch. 1 item 21).
without limiting its discretion, take into consideration anything that the Secretary ought to have considered.
S. 12(2A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 50.1).
Nothing in subsection (2) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under subsection (1).
S. 12(3) amended by No. 49/2019 s. 116(Sch. 1 item 21).
Every decision of the Magistrates' Court on an appeal under this section is final and conclusive and must be given effect to by the Secretary.
S. 13 amended by No. 44/1989 s. 41(Sch. 2 item 34.4).
This provision refers to the regulations (the regulations
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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