Tasmanian Numbered Acts

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MAGISTRATES COURT (ADMINISTRATIVE APPEALS DIVISION) ACT 2001 (NO. 72 OF 2001) - SECT 28

Power to remit matters to decision-maker for further consideration
(1)  At any stage of proceedings to determine an application for a review of a reviewable decision, the Court may remit the decision to the decision-maker who made it for reconsideration of the decision by the decision-maker.
(2)  If a decision is so remitted to a decision-maker, the decision-maker may reconsider the decision and may –
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and make a new decision in substitution for the decision set aside.
(3)  If the decision-maker varies the decision –
(a) the application is taken to be an application for review of the decision as varied; and
(b) the person who made the application may either –
(i) proceed with the application for review of the decision as varied; or
(ii) withdraw the application.
(4)  If the decision-maker sets the decision aside and makes a new decision in substitution for the decision set aside –
(a) the application is taken to be an application for review of the new decision; and
(b) the person who made the application may either –
(i) proceed with the application for review of the new decision; or
(ii) withdraw the application.



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