Tasmanian Numbered Acts
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AUSTRALIAN CONSUMER LAW (TASMANIA) ACT 2010 (NO. 40 OF 2010) - SECT 36
Right of review
(1) A person who is engaged in trade or commerce in respect of any
product affected by an interim ban, or a recall notice, imposed or issued by
the Minister under section 109 or 122 of the Australian Consumer Law
(Tasmania) may apply to the Magistrates Court (Administrative Appeals
Division) for a review of the decision to impose the interim ban or issue the
recall notice.
(2) For the purposes of the
Magistrates Court (Administrative Appeals Division) Act 2001 , the date on
which the interim ban or recall notice takes effect under the Australian
Consumer Law (Tasmania) is taken to be the day on which the decision to impose
the ban or issue the notice is made.
(3) If the Magistrates Court (Administrative Appeals Division) sets
aside the decision to impose an interim ban or issue a recall
notice (a) the Court may specify the day the interim ban or recall
notice is to cease to have effect; and
(b) the interim ban or recall notice
does not cease to have effect until the date so specified, unless it sooner
ceases to have effect by virtue of any action taken under the Australian
Consumer Law (Tasmania) .
(4) The Minister may impose or issue, in accordance with the Australian
Consumer Law (Tasmania) , an interim ban or recall notice in accordance with
any directions or recommendations of the Magistrates Court (Administrative
Appeals Division).
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