Northern Territory Consolidated Acts

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FIREARMS ACT 1997 - SECT 120

Remittal of matters to NTCAT on appeals determined after commencement

    (1)     If the decision of the Supreme Court on an appeal referred to in section 117(4), 118(3) or 119(2) would require the matter that is the subject of the appeal to be remitted to the former Tribunal to be determined again in accordance with the Court's directions, the Court:

        (a)     must instead remit the matter to NTCAT for determination; and

        (b)     may make any orders and give any directions that it considers appropriate to facilitate the remittal of the matter to NTCAT instead of the former Tribunal.

    (2)     Subject to subsection (3), NTCAT must hear and determine the remitted matter as if it had originally been commenced in NTCAT by way of application for review of the decision or action of the Commissioner that was the subject of the appeal to the former Tribunal.

    (3)     For the determination of the remitted matter, NTCAT may make any decision or order under Part 9 of the former Act that could have been made by the former Tribunal in accordance with the Court's directions if the matter had been remitted to it.



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