New South Wales Consolidated Acts

GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2003 - SECT 17

17 Appeal to Supreme Court

(1) A person aggrieved by a direction given to the person under section 14 (2) may appeal to the Supreme Court against the direction.

(2) An appeal under this section must be made within 14 days of the direction being given to the person or within such further period as the Supreme Court may allow in a particular case.

(3) An appeal under this section can be made even if the direction appealed against has already been executed.

(4) An appeal under this section does not affect the direction appealed against until the Supreme Court finally determines the appeal.

(5) On the hearing of an appeal, the Supreme Court may do one or more of the following--

(a) make an order reversing, affirming or amending the direction appealed against,

(b) remit the matter back to the Minister for a direction by the Minister in accordance with the order of the Court,

(c) make an order giving a direction that the Minister could give under section 14 (2),

(d) despite section 33, make an order awarding compensation against the Crown in accordance with subsection (7),

(e) make such other order in relation to the appeal as the Court sees fit.

(6) If the Supreme Court gives a direction that the Minister may give under section 14 (2), the direction is taken to be a direction of the Minister under that provision (other than for the purposes of an appeal under this section).

(7) An award of compensation under this section may only be made in relation to losses suffered directly by the person given the direction appealed against and may only be made to the extent that the appeal is successful.

(8) When awarding compensation under this section, the Supreme Court cannot award exemplary or punitive damages or damages in the nature of aggravated damages.