Queensland Numbered Acts Queensland Numbered ActsSection 259--
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'A person may appeal to a Magistrates Court against the following decisions--
(a) a decision of a licensed provider, under section 137C, to give the person an exclusion direction;
(b) a decision of a licensed provider, under section 137F, refusing to revoke an exclusion direction given to the person.
'(1) An appeal is started by--
(a) filing a notice of appeal with the clerk of a Magistrates Court; and
(b) serving a copy of the notice on the licensed provider who made the decision; and
(c) complying with rules of court applicable to the appeal.
'(2) The notice of appeal must be filed within 28 days after the person is given the information notice about the decision.
'(3) However, the court may, at any time, extend the time for filing the notice of appeal.
'(4) The notice of appeal must state fully the grounds of appeal.
'(1) The Magistrates Court may grant a stay of the decision to secure the effectiveness of the appeal.
'(2) A stay--
(a) may be given on the conditions the court considers appropriate; and
(b) operates for the period fixed by the court; and
(c) may be amended or cancelled by the court.
'(3) The period of a stay under this section must not extend past the time when the court decides the appeal.
'(4) The appeal affects the decision, or carrying out of the decision, only if it is stayed.
'(1) In deciding an appeal, the Magistrates Court--
(a) is not bound by the rules of evidence; and
(b) must comply with natural justice.
'(2) An appeal is by way of rehearing, unaffected by the decision appealed against, on the material before the licensed provider who made the decision and any further evidence allowed by the court.
'(1) In deciding an appeal, the Magistrates 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 licensed provider with directions the court considers appropriate.
'(2) If the court substitutes another decision, the substituted decision is, for this Act, other than this division, taken to be the decision of the licensed provider.
'An appeal lies to the District Court against a decision of the Queensland Gaming Commission or a Magistrates Court under this part but only on a question of law.'.