Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 240

240 Hearing procedures

(1) Unless this division otherwise provides, the practice and procedure for the appeal are to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with the directions of the court.

(2) An appeal must be by way of rehearing, unaffected by the original decision-maker’s decision.

(3) However, for deciding an appeal against a decision of the CEO under section 267I to impose a civil penalty on a corporation, information that was not available to the CEO in making the decision must not be taken into account.

(4) In deciding an appeal, an Industrial Magistrates Court—

(a) is not bound by the rules of evidence; and

(b) must observe natural justice.

(5) In this section—

"original decision-maker" means the Minister, CEO or the board of examiners.