Western Australian Repealed Acts

This legislation has been repealed.

GRAIN MARKETING ACT 2002 - SECT 40

40 .         Appeals

        (1)         In this section —

        licence means a special export licence;

        licensing decision means a decision of the Authority to refuse to grant a licence, to cancel a licence, or to vary a condition of, or impose a new condition in respect of, a licence.

        (2)         A person who is aggrieved by a licensing decision may, within 30 days after receiving notice of the decision, appeal to the Minister against the decision by giving the Minister a notice of appeal in accordance with subsection (3).

        (3)         The notice of appeal is to be in writing and set out the grounds of appeal and any representations that the appellant wishes to make in support of the appeal.

        (4)         If the appeal is against the cancellation of a licence, the time when the cancellation has effect is postponed until the appeal is dealt with or withdrawn, and the time specified in the notice of cancellation may be varied when dealing with the appeal.

        (5)         The Minister may determine the appeal by confirming, varying, or reversing the decision of the Authority.

        (6)         The Minister’s determination is final and the Authority is to give effect to that determination.

        (7)         The Minister shall, as far as is practical, make his determination on the appeal within 30 days of having received a notice of appeal in accordance with subsection (3).

        (8)         The Minister is to cause notice of his or her determination, together with reasons for it, to be given to the appellant within 7 days after it is made.