Northern Territory Consolidated Acts

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Powers of Local Court on appeal

    (1)     In deciding an appeal, the Local Court may:

        (a)     confirm the decision appealed against; or

        (b)     set aside the decision and substitute another decision; or

        (c)     set aside the decision and return the matter to the Commission with directions that the Local Court considers appropriate.

    (2)     In substituting another decision, the Local Court has the same powers as the Commission.

    (3)     If the Local Court substitutes another decision, the substituted decision is taken to be the Commission's decision.

    (4)     Despite that an appellant is not entitled to be granted a particular licence because of section 71(3) or 109D(1)(d), the Local Court may, in substituting another decision, decide to grant the licence if it is satisfied that the appellant is, on the balance of probabilities, a suitable person to be granted the licence.

    (5)     The Local Court must not make an order for costs against the Commission.

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