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MAGISTRATES COURT (ADMINISTRATIVE APPEALS DIVISION) (CONSEQUENTIAL AMENDMENTS) ACT 2001 (NO. 73 OF 2001) - SCHEDULE 1

- Consequential Amendments

SCHEDULE 1 - Consequential Amendments

Section 4

Abandoned Lands Act 1973
1.    Section 11 is amended as follows:
(a) by omitting subsections (4) and (5) and substituting the following subsections:
(4)  Where a claim is made under this section the Minister may, by written notice given to the claimant, reject the claim.
(4A)  If no agreement in settlement of the claim is reached within 60 days of the claim being made to the Minister, the claim is taken to have been rejected by the Minister at the expiration of that period.
(5)  If the Minister rejects a claim or the claim is taken to have been rejected by the Minister, the person who made the claim may apply to the Magistrates Court (Administrative Appeals Division) for a review of the rejection of the claim.
(b) by omitting from subsection (6) "Land Valuation Court on the hearing" and substituting "Magistrates Court (Administrative Appeals Division) on the review of the rejection" ;
(c) by omitting subsection (12) .
Agricultural and Veterinary Chemicals (Control of Use) Act 1995
1.    Section 57 is amended as follows:
(a) by omitting from subsection (5) ", within 14 days from the date of the receipt of the notice, appeal to a magistrate against the notice." and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the notice." ;
(b) by omitting from subsection (6) "On an appeal under subsection (5) , a magistrate" and substituting "In addition to its power under the Magistrates Court (Administrative Appeals Division) Act 2001 , the Magistrates Court (Administrative Appeals Division)" ;
(c) by omitting paragraph (a) from subsection (6) ;
(d) by omitting from subsection (7) " subsection (3) or subsection (5) ," and substituting " subsection (3) ," .
Animal Farming (Registration) Act 1994
1.    Section 15 is repealed and the following section is substituted:

15.     Reviews

(1)  A person who has been refused registration under section 7(1) may apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal.
(2)  If the conditions to which a registration is subject are altered under section 8 (3) , the registered animal farmer may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision to alter the conditions.
(3)  If a registration is cancelled under section 14(1) , the animal farmer concerned may apply to the Magistrates Court (Administrative Appeals Division) for a review of the cancellation.
(4)  If the Court decides to set aside the Secretary's decision referred to in subsection (1) , (2) or (3) and remit the matter for reconsideration by the Secretary, this Act applies to the matter, the animal farmer concerned and the registration as if the Secretary had not made the decision to refuse to grant registration, alter the conditions to which the registration is subject or cancel the registration which gave rise to the review.
(5)  Notwithstanding subsection (4) , an animal farmer is not entitled to apply for a review under this section in respect of the decision of the Secretary to refuse to grant registration, alter the conditions to which a registration is subject or cancel a registration if that decision is made on a reconsideration of a matter by the Secretary in accordance with a direction given by the Court.
(6)  If a review is applied for and the decision under review is affirmed, the determination of the Secretary that gave rise to the review –
(a) takes effect on the day specified by the Court affirming the decision; and
(b) is of no effect until that day.
(7)  If a review is applied for and the decision under review is not affirmed –
(a) the determination of the Secretary that gave rise to the review is of no effect; and
(b) where that determination was a refusal to grant a further registration to an animal farmer who, immediately before the making of the determination, was a registered animal farmer, the Secretary is taken, for the purposes of section 12(3) , to have neither granted nor refused to grant the further registration.
Animal Health Act 1995
1.    Schedule 1 is amended by omitting clause 9 and substituting the following clause:
9.    Reviews
(1) A person who has been refused a licence may apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal.
(2) If a licence is cancelled under clause 8, the person who held the licence may apply to the Magistrates Court (Administrative Appeals Division) for a review of the cancellation.
(3) A person is not entitled to apply for a review under this clause in respect of the decision of the Chief Veterinary Officer to refuse to issue a licence or to cancel a licence if that decision is made on a reconsideration of a matter by the Chief Veterinary Officer in accordance with a direction given by the Court.
Animal Welfare Act 1993
1.    Section 31 is amended by omitting subsection (2) and substituting the following subsection:
(2)  If an application for a review is made under section 33 , a licence remains cancelled until an order is made by the Magistrates Court (Administrative Appeals Division).
2.    Section 32(2) is amended by omitting paragraph (b) and substituting the following paragraph:
(b) if an application for a review is made under section 33 , 6 months after an order is made by the Magistrates Court (Administrative Appeals Division) affirming the cancellation.
3.    Section 33 is repealed and the following section is substituted:

33.     Reviews

An institution may apply to the Magistrates Court (Administrative Appeals Division) for a review of –
(a) the decision of the Minister to refuse to grant a licence; or
(b) the decision of the Minister to cancel a licence; or
(c) a condition subject to which a licence is issued.
Archives Act 1983
1.    Section 13 is amended as follows:
(a) by omitting from subsection (3) "make an application to a court of requests for an order under subsection (5) " and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the determination" ;
(b) by omitting from subsection (4) "A court of requests" and substituting "The Magistrates Court (Administrative Appeals Division)" ;
(c) by omitting from subsection (4) "and notwithstanding the amount of compensation claimed by the applicant" ;
(d) by omitting subsection (5) ;
(e) by omitting from subsection (6) "On the hearing of an application under subsection (3) , the court" and substituting "In addition to its powers under the Magistrates Court (Administrative Appeals Division) Act 2001 , the Magistrates Court (Administrative Appeals Division)" ;
(f) by omitting from subsection (8) "court of requests" and substituting "Magistrates Court (Administrative Appeals Division)" ;
(g) by omitting subsections (9) and (10) .
Associations Incorporation Act 1964
1.    Section 35 is repealed and the following section is substituted:

35.     Review of cancellation of incorporation

The public officer of an association or a creditor or member of an association the incorporation of which is cancelled pursuant to section 34 may apply to the Magistrates Court (Administrative Appeals Division) for a review of the cancellation.
Auctioneers and Real Estate Agents Act 1991
1.    Section 99(4) is amended by omitting paragraph (c) and substituting the following paragraph:
(c) inform the applicant –
(i) of the applicant's right to apply for a review of the Council's determination; and
(ii) of the period in which an application for a review may be made and of how, and to whom, notice of the review may be given.
2.    Section 102(2) is amended by omitting paragraph (c) and substituting the following paragraph:
(c) inform the applicant –
(i) of the applicant's right to apply for a review of the Trust's determination on the amount of the compensation; and
(ii) of the period within which an application for a review may be made and of how, and to whom, notice of the review may be given.
3.    Section 103 is repealed and the following section is substituted:

103.     Reviews

(1)  If an applicant for compensation under this Division is aggrieved by –
(a) a determination of the Council that no compensation is payable under this Division; or
(b) a determination of the Trust on the amount of compensation payable under this Division –
the applicant may apply to the Magistrates Court (Administrative Appeals Division) for a review of that determination.
(2)  The Council is a party to the proceeding before the Court in respect of a review of a determination under section 99(1)(a) and the Trust is a party to the proceeding before the Court in respect of a review of a determination under section 101 .
4.    Section 104(3)(b) is amended as follows:
(a) by omitting "appeals" and substituting "applies for a review" ;
(b) by omitting "appeal" and substituting "review" .
5.    Section 110(2) is amended by omitting paragraph (c) and substituting the following paragraph:
(c) notify the person on whom it is served –
(i) of that person's right to apply for a review of the decision; and
(ii) of the period within which an application for a review may be made and of how, and to whom, notice of the review may be given.
6.    Section 111 is repealed and the following section is substituted:

111.     Reviews

If any person is aggrieved by the decision of the Council following an inquiry, that person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.
7.    Section 112(1) is amended by omitting paragraphs (a) and (b) and substituting the following paragraphs:
(a) if an application for a review is made, the Magistrates Court (Administrative Appeals Division) affirms the decision of the Council; or
(b) if no application for a review is made, 28 days after the Council gives notice of its decision in accordance with section 110 .
8.    Section 113 is repealed.
9.    Section 116(2) is amended by omitting "appeal to a magistrate" and substituting "review by the Magistrates Court (Administrative Appeals Division)" .
Births, Deaths and Marriages Registration Act 1999
1.    Section 53 is amended as follows:
(a) by omitting from subsection (1) "a magistrate" and substituting "the Magistrates Court (Administrative Appeals Division)" ;
(b) by omitting subsection (2) .
Business Names Act 1962
1.    Section 19 is amended by omitting subsections (4) , (5) , (6) , (7) , (8) and (9) and substituting the following subsections:
(4)  Where the registration of a business name is cancelled under this section, a person in relation to whom the business name was registered immediately before the cancellation may apply to the Magistrates Court (Administrative Appeals Division) for a review of the cancellation.
(5)  For the purpose of applying for a review, the date on which the cancellation was made is the date of publication in the Gazette of the notice of the cancellation.
(6)  If the effect of the decision of the Magistrates Court (Administrative Appeals Division) is that the business name be retained, the business name is taken to have continued to be registered as if the registration had not been cancelled, and the Commissioner, upon the lodging with the Commissioner of an office copy of the decision, is to make such entries and alterations in the register as the Commissioner considers necessary for the purposes of the decision.
Crown Lands Act 1976
1.    Section 2 is amended by omitting the definition of Land Valuation Court .
2.    Section 23 is amended as follows:
(a) by omitting subsections (4) , (5) and (6) and substituting the following subsection:
(4)  If the decision of the Minister is to proceed with forfeiture, the purchaser may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.
(b) by omitting from subsection (7) "Land Valuation Court has dismissed his objection," and substituting "Magistrates Court (Administrative Appeals Division) has affirmed the decision under review," .
3.    Section 32 is amended by omitting subsection (2) and substituting the following subsections:
(2)  If the Minister re-assesses the rent, the Minister is to cause notice of his or her decision to be served on the lessee or forwarded by certified mail to the lessee.
(3)  A lessee of land the rent of which has been re-assessed in accordance with subsection (1) may apply to the Magistrates Court (Administrative Appeals Division) for a review of the re-assessment.
4.    Section 35(3) is amended by omitting "may, within one month from the date of the service of the notice, appeal to the Land Valuation Court which shall consider such evidence and reports as it thinks fit and, unless it dismisses the appeal, fix such amount in respect of those improvements as it may seem to it to be just and the amount so fixed shall be final and binding on the Minister and the lessee" and substituting "may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision" .
5.    Section 39 is amended by omitting subsections (3) , (4) and (5) and substituting the following subsections:
(3)  The Minister is to cause notice of the amount of compensation payable to a lessee under subsection (1) to be served on the lessee.
(4)  A lessee who is aggrieved by the amount of compensation payable may apply to the Magistrates Court (Administrative Appeals Division) for a review of the determination of the amount of compensation.
6.    Section 67 is repealed and the following section is substituted:

67.     Reviews in certain cases

(1)  Any person who is aggrieved by –
(a) the notice of the Minister declaring all the right, title and interest of any person to be extinguished under section 28 (2) ; or
(b) the cancellation by the Minister of any lease under section 36 (b) –
may apply to the Magistrates Court (Administrative Appeals Division) for a review of the notice or cancellation.
(2)  For the purpose of applying for a review, the notice referred to in subsection (1)(a) is taken to have been made on the day on which it was published in the Gazette .
Crown Lands (Shack Sites) Act 1997
1.    Section 25(4) is amended by omitting "appeal, by the Land Valuation Court" and substituting "review, by the Magistrates Court (Administrative Appeals Division)" .
2.    Section 27 is repealed and the following section is substituted:

27.     Reviews of assessment of land value

A lessee or licensee who, after proceeding under section 26 , still does not agree with the Valuer-General's assessment of the land value of the lessee's or licensee's shack site may apply to the Magistrates Court (Administrative Appeals Division) for a review of the assessment.
Dairy Industry Act 1994
1.    Section 29(3) is amended by omitting paragraph (b) and substituting the following paragraph:
(b) if an application for a review is made under section 42 , on the day on which the Court affirms the decision.
2.    Section 42 is repealed and the following section is substituted:

42.     Reviews

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of a decision of the Authority –
(a) to refuse to grant an application for a licence; or
(b) to refuse to grant an application for the transfer of a licence; or
(c) to refuse to grant an application for the renewal of a licence; or
(d) to revoke a licence; or
(e) to impose, amend, vary or rescind a condition of a licence.
3.    Sections 43 and 44 are repealed.
Dog Control Act 2000
1.    Section 59 is amended as follows:
(a) by omitting from subsection (1) "appeal to a magistrate against –" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of –" ;
(b) by omitting subsections (2) and (3) ;
(c) by omitting from subsection (4) "a magistrate" and substituting "the Magistrates Court (Administrative Appeals Division)" ;
(d) by omitting subsection (5) .
Education Act 1994
1.    Section 62 is repealed and the following section is substituted:

62.     Reviews

A person or body may apply to the Magistrates Court (Administrative Appeals Division) for a review of –
(a) the refusal to grant an application for registration as a school; or
(b) the refusal to renew the registration of a school; or
(c) the cancellation of registration as a school.
Education Providers Registration (Overseas Students) Act 1991
1.    Section 21 is repealed and the following section is substituted:

21.     Reviews

An education provider aggrieved by the refusal of the Minister to grant –
(a) registration of the education provider; or
(b) registration of an education service –
may apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal.
Egg Industry Act 1988
1.    Section 29 is repealed and the following section is substituted:

29.     Reviews of cancellation of licences

(1)  If a licence is cancelled under section 28 , the person who was the licensed producer who held that licence may apply to the Magistrates Court (Administrative Appeals Division) for a review of the cancellation.
(2)  Subject to any order of the Magistrates Court (Administrative Appeals Division), the cancellation of a licence under section 28 is of no effect, if an application for a review of the cancellation is made under subsection (1) , until the review is finally disposed of or, if an application for a review is not so made, until the time limited for making an application for such a review has expired.
Electoral Act 1985
1.    Section 33(4)(b) is amended by omitting ", at any time within one month after the notice was sent to him, to apply to a court of petty sessions for an order directing that his name be enrolled on the electoral roll for that Assembly division or on the electoral roll for that Council division, as the case requires." and substituting "to apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision." .
2.    Division 4 of Part III is amended by omitting " to courts of petty sessions " from the heading to that Division and substituting " for review " .
3.    Section 46 is amended as follows:
(a) by omitting from subsection (1) ", at any time within one month after the receipt of the notice of the rejection of the claim or of notice of the determination of the objection, as the case may be, in the manner prescribed by the regulations, make an application to a court of petty sessions for an order directing that his name be enrolled or reinstated on that roll, as the case requires" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision to reject the claim or strike his or her name off the electoral roll" ;
(b) by omitting from subsection (2) ", at any time within one month after the receipt of notice of the determination of the objection, in the manner prescribed by the regulations, make an application to a court of petty sessions for an order upholding the objection" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the determination" ;
(c) by omitting from subsection (3) ", as prescribed by the regulations," ;
(d) by omitting from subsection (4) ", at any time within one month after the receipt of the notice, in the manner prescribed by the regulations, make an application to a court of petty sessions for an order directing that his address not be entered on that electoral roll or, as the case may be, that his address be struck off those particulars" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal" .
4.    Section 47 is repealed and the following section is substituted:

47.     Orders of Magistrates Court (Administrative Appeals Division) to be sent to electoral registrar, &c.

The registrar of the Magistrates Court (Administrative Appeals Division) that determines an application made under section 46 is to send by post to the electoral registrar concerned a certified copy of the order of the Court, and that electoral registrar is to make such amendments to the electoral roll as are necessary to give effect to the order.
Electricity Industry Safety and Administration Act 1997
1.    Part 7 is amended by omitting " APPEALS " from the heading to that Part and substituting " REVIEWS " .
2.    Section 77 is repealed.
3.    Section 78 is amended as follows:
(a) by omitting from subsection (1) ", within 30 days after receiving notice of the decision, appeal to the Board against that decision." and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of that decision." ;
(b) by omitting subsections (2) , (3) , (4) and (5) .
4.    Sections 79 and 80 are repealed.
5.    Section 81 is amended as follows:
(a) by omitting from subsection (1) "Board" and substituting "Magistrates Court (Administrative Appeals Division)" ;
(b) by omitting subsection (2) .
6.    Section 82 is repealed.
7.    Schedule 2 is repealed.
Fertilizers Act 1993
1.    Section 27(1) is amended as follows:
(a) by omitting from paragraph (d) "sample; and" and substituting "sample." ;
(b) by omitting paragraphs (e) , (f) , (g) and (h) .
2.    Section 28(d) is amended by omitting "amended;" and substituting "amended." .
3.    Section 28 is amended by omitting paragraphs (e) , (f) , (g) and (h) .
4.    After section 28 , the following section is inserted in Part 3:

28A.     Reviews

Any person may apply to the Magistrates Court (Administrative Appeals Division) for a review of –
(a) the dismissal of a complaint under section 16(1) ; and
(b) the upholding of a complaint under section 16(1) ; and
(c) the refusal of the Secretary to issue a certificate of exemption under section 26 ; and
(d) the issue of a certificate of exemption under section 26 .
Fire Service Act 1979
1.    Section 56 is amended by omitting subsections (6) , (7) , (8) , (9) and (10) and substituting the following subsection:
(6)  An occupier of land who is aggrieved by a notice served on him or her under subsection (5) may apply to the Magistrates Court (Administrative Appeals Division) for a review of the notice.
Firearms Act 1996
1.    Section 52 is amended as follows:
(a) by omitting from subsection (2)(b) "appeal is lodged against the cancellation" and substituting "application for a review of the cancellation is made" ;
(b) by omitting from subsection (3)(a) "appeal" and substituting "application for a review" ;
(c) by omitting paragraph (b) from subsection (3) and substituting the following paragraph:
(b) if an application for a review is made and the Magistrates Court (Administrative Appeals Division) affirms the decision under review, on the date of that determination.
2.    Part 10 is amended by omitting " APPEALS " from the heading to that Part and substituting " REVIEWS " .
3.    Section 141 is amended as follows:
(a) by omitting from subsection (1) "appeal to a magistrate against –" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of –" ;
(b) by omitting subsection (2) and substituting the following subsection:
(2)  For the purpose of applying for a review, the date the decision was made is the day on which –
(a) a notice is received under section 36 (2) or 62 (2) ; or
(b) an application for a licence or permit is granted; or
(c) a notice is served under section 52 (1) or 66 (3) ; or
(d) a firearms prohibition order is served under section 130 (1) ; or
(e) a notice is received under section 151 (6) ; or
(f) a notice is served under section 154 (1) .
4.    Sections 142 , 143 , 144 and 145 are repealed.
First Home Owner Grant Act 2000
1.    Section 27 is amended as follows:
(a) by omitting from subsection (1) "appeal to the Supreme Court against the decision" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision" ;
(b) by omitting from subsection (2) "appeal must be commenced" and substituting "application for review must be lodged" .
2.    Section 28 is repealed.
3.    Section 29 is amended as follows:
(a) by omitting from subsection (1) "appeal" twice occurring and substituting "review" ;
(b) by omitting from subsection (2) "appeal" and substituting "review" .
Food Act 1998
1.    Section 61 is amended by omitting subsection (4) and substituting the following subsection:
(4)  The variation of the registration takes effect –
(a) if an application for a review is not made under section 141(d) , 28 days after service of the notice; or
(b) if an application for a review is made under section 141(d) and the Magistrates Court (Administrative Appeals Division) makes an order affirming the variation, on the day the order was made.
2.    Section 62 is amended by omitting subsection (3) and substituting the following subsection:
(3)  The cancellation of the registration takes effect –
(a) if an application for a review is not made under section 141(e) , 28 days after service of the notice; or
(b) if an application for a review is made under section 141(e) and the Magistrates Court (Administrative Appeals Division) makes an order affirming the cancellation, on the day the order was made.
3.    Section 70 is amended by omitting subsection (4) and substituting the following subsection:
(4)  The variation of a licence takes effect –
(a) if an application for a review is not made under section 142(d) , 28 days after service of the notice; or
(b) if an application for a review is made under section 142(d) and the Magistrates Court (Administrative Appeals Division) makes an order affirming the variation, on the day the order was made.
4.    Section 71 is amended by omitting subsection (3) and substituting the following subsection:
(3)  The cancellation of a licence takes effect –
(a) if an application for a review is not made under section 142(e) , 28 days after service of the notice; or
(b) if an application for a review is made under section 142(e) and the Magistrates Court (Administrative Appeals Division) makes an order affirming the cancellation, on the day the order was made.
5.    Section 79 is amended by omitting subsection (4) and substituting the following subsection:
(4)  The variation of the accreditation takes effect –
(a) if an application for a review is not made under section 143(d) , 28 days after service of the notice; or
(b) if an application for a review is made under section 143(d) and the Magistrates Court (Administrative Appeals Division) makes an order affirming the variation, on the day the order was made.
6.    Section 80 is amended by omitting subsection (3) and substituting the following subsection:
(3)  The cancellation of the accreditation takes effect –
(a) if an application for a review is not made under section 143(e) , 28 days after service of the notice; or
(b) if an application for a review is made under section 143(e) and the Magistrates Court (Administrative Appeals Division) makes an order affirming the cancellation, on the day the order was made.
7.    Section 101(1)(b) is amended by omitting "under section 145(2)(a) " and substituting "under section 145(a) " .
8.    Division 5 of Part 10 is amended by omitting " Appeals " from the heading to that Division and substituting " Reviews and Appeals " .
9.    Sections 139 , 140 , 141 , 142 and 143 are repealed and the following sections are substituted:

139.     Reviews of orders

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision to make an order under this Act.

140.     Reviews of notices

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision to issue a notice under this Act.

141.     Reviews relating to registration

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the council's decision to –
(a) grant or refuse to grant an application for the registration of premises, vehicles or equipment; or
(b) grant or refuse to grant an application for the renewal of registration of premises, vehicles or equipment; or
(c) impose any condition on the registration of premises, vehicles or equipment; or
(d) vary the registration of premises, vehicles or equipment; or
(e) cancel the registration of premises, vehicles or equipment.

142.     Reviews relating to licence to manufacture or sell food

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the council's decision to –
(a) grant or refuse to grant an application for a licence to manufacture or sell food; or
(b) grant or refuse to grant an application for the renewal of that licence; or
(c) impose any condition on the licence; or
(d) vary that licence; or
(e) cancel that licence.

143.     Reviews relating to accreditation

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the council's decision to –
(a) grant or refuse to grant an application for accreditation as a food handler; or
(b) grant or refuse to grant an application for the renewal of accreditation as a food handler; or
(c) impose any condition on the accreditation; or
(d) vary the accreditation; or
(e) cancel the accreditation.
10.    Section 145 is repealed and the following section is substituted:

145.     Determination of appeal

On hearing an appeal against the seizure of any thing, a magistrate may make any of the following orders:
(a) an order confirming the seizure;
(b) an order revoking the seizure and requiring the thing to be returned to its owner.
Hairdressers' Registration Act 1975
1.    Section 14 is repealed and the following section is substituted:

14.     Reviews

A person aggrieved by a decision of the Secretary to refuse to grant a licence or certificate, or to revoke a licence or certificate, may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.
Local Government Act 1993
1.    Section 109 is amended as follows:
(a) by omitting from subsection (6) "appeal to a magistrate against –" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of –" ;
(b) by omitting subsection (7) and substituting the following subsection:
(7)  If the council does not make a decision in respect of an objection within 60 days after the objection is lodged, the council is taken to have made a decision in respect of that objection on the last day of that period.
2.    Section 113 is amended as follows:
(a) by omitting from subsection (5) "appeal to a magistrate within 60 days of the refusal." and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal." ;
(b) by omitting subsection (6) .
3.    Section 114 is amended as follows:
(a) by omitting from subsection (3) "appeal to a magistrate against the revocation of a declaration within 60 days of the revocation." and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the revocation of a declaration." ;
(b) by omitting subsection (4) .
4.    Section 123 is amended as follows:
(a) by omitting from subsection (4) "appeal to a magistrate against" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of" ;
(b) by omitting subsection (5) and substituting the following subsection:
(5)  If the council does not make a decision in respect of an objection within 30 days after the objection is lodged, the council is taken to have made a decision in respect of the objection on the last day of the period.
5.    Section 133(4) is amended by omitting "appeal" and substituting "review" .
6.    Section 209 is amended as follows:
(a) by omitting from subsection (3) "appeal to a magistrate." and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision." ;
(b) by omitting subsection (4) and substituting the following subsection:
(4)  If the council does not make a decision on whether or not to correct the map within 120 days after the owner has lodged a notice, the council is taken to have made a decision refusing to correct the map on the last day of that period.
7.    Section 262 is amended as follows:
(a) by omitting from subsection (1) "appeal to a magistrate against" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of" ;
(b) by omitting from subsection (2) "appeal" twice occurring and substituting "review" ;
(c) by omitting from subsection (2) "order" and substituting "decision of the Court" ;
(d) by omitting from subsection (3) "magistrate" and substituting "Magistrates Court (Administrative Appeals Division)" ;
(e) by omitting from subsection (4) "a magistrate" and substituting "the Magistrates Court (Administrative Appeals Division)" .
Local Government (Building and Miscellaneous Provisions) Act 1993
1.    Section 211 is amended as follows:
(a) by omitting paragraph (b) from subsection (2) and substituting the following paragraph:
(b) refuse to accept the objection.
(b) by omitting subsection (3) and substituting the following subsection:
(3)  A person who is dissatisfied with the council's refusal to accept the objection may apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal.
(c) by omitting from subsection (4) "An order under subsection (3) is final and no" and substituting "No" .
Local Government (Highways) Act 1982
1.    Section 39 is amended by omitting subsections (10) and (11) and substituting the following subsection:
(10)  A person who is aggrieved by a requirement made under subsection (7) may apply to the Magistrates Court (Administrative Appeals Division) for a review of the requirement.
2.    Section 114 is amended as follows:
(a) by omitting subsections (4) and (5) and substituting the following subsections:
(4)  An owner of land who is served with a notice under subsection (3) may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision to fix the amount of the contribution.
(5)  Every other owner of land within the special district is entitled to be made a party to the proceedings relating to the review of the decision to fix the amount of the contribution.
(b) by omitting from subsection (6) "an appeal against" and substituting "a review in relation to the amount of the" .
3.    Section 121 is amended as follows:
(a) by omitting from subsection (1) "appeal," first occurring;
(b) by omitting from subsection (1) "appeal," second occurring;
(c) by omitting from subsection (1)(a) "appeal," ;
(d) by omitting from subsection (2) "appeal," .
Long Service Leave (Casual Wharf Employees) Act 1982
1.    Section 11 is repealed and the following section is substituted:

11.     Reviews

(1)  A person who is aggrieved by a determination of the Secretary under section 10 may apply to the Magistrates Court (Administrative Appeals Division) for a review of the determination.
(2)  Where the decision of the Court on the hearing of a review under this section requires the payment of a sum of money by the employer to an employee, the Court may, without the necessity for any further application, order the employer to pay that sum to the employee.
Meat Hygiene Act 1985
1.    Section 19 is amended by omitting subsection (5) and substituting the following subsection:
(5)  The cancellation or suspension of a licence takes effect 28 days after the service of the notice.
2.    Section 20 is amended by omitting subsection (3) and substituting the following subsection:
(3)  The variation of a licence takes effect 28 days after the service of the notice.
3.    Division 4 of Part III is amended by omitting " Appeals " from the heading to that Division and substituting " Reviews " .
4.    Section 24 is amended as follows:
(a) by omitting from subsection (1) "appeal to a magistrate against" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of" ;
(b) by omitting subsections (2) , (3) and (4) .
5.    Section 25 is repealed.
National Parks and Wildlife Act 1970
1.    Section 26AD is amended by omitting subsections (3) , (4) and (5) and substituting the following subsections:
(3)  The Minister is to cause notice of the amount of compensation payable to a lessee under subsection (1) to be served on the lessee.
(4)  A lessee who is aggrieved by the amount of compensation payable to the lessee may apply to the Magistrates Court (Administrative Appeals Division) for a review of the determination of the amount of compensation.
Passenger Transport Act 1997
1.    Section 24(2)(a) is amended by omitting ", and appeals against," .
Petroleum Products Emergency Act 1994
1.    Section 10 is repealed and the following section is substituted:

10.     Review

A person who is aggrieved by a decision of the Minister to refuse to grant, or to cancel, a permit may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.
Plumbers and Gas-fitters Registration Act 1951
1.    Section 14 is repealed and the following section is substituted:

14.     Reviews of decisions of Board

Any person who is aggrieved by –
(a) the refusal of the Board to register that person under this Act; or
(b) the suspension or cancellation by the Board of any certificate of registration under this Act of which that person is the holder –
may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.
2.    Section 21A is amended as follows:
(a) by omitting subsection (5) and substituting the following subsection:
(5)  A person in respect of whom an order has been made under this section may apply to the Magistrates Court (Administrative Appeals Division) for a review of the order.
(b) by omitting from subsection (7) "and may regulate the making, hearing, and determination of applications under subsection (5) of this section" .
Poisons Act 1971
1.    Section 92 is amended by omitting subsections (4) and (5) and substituting the following subsections:
(4)  A person who is aggrieved by the suspension or revocation by the Minister pursuant to subsection (1) of such a right as is referred to in that subsection may apply to the Magistrates Court (Administrative Appeals Division) for a review of the suspension or revocation.
(4A)  A person who is aggrieved by an order by a magistrate under subsection (3) extending the period of such a suspension may appeal to the Supreme Court which has jurisdiction to hear and determine the appeal.
(5)  An appeal under subsection (4A) is to be brought within 14 days of the date of the making of the order of the magistrate and, subject to this subsection, shall be instituted, heard and determined in accordance with the Rules of Court relating to appeals from inferior courts (other than licensing courts) as nearly as possible as if the magistrate were an inferior court and the order of the magistrate were a judgment of such a court.
Public Health Act 1997
1.    Section 72B(3) is amended by omitting "appeal to a magistrate against" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of" .
2.    Section 74G is amended by omitting subsection (3) and substituting the following subsection:
(3)  The variation of a tobacco seller's licence takes effect –
(a) if an application for a review is not made under section 160A(d) , 28 days after service of the notice; or
(b) if an application for a review is made under section 160A(d) and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review, on the day the decision was affirmed.
3.    Section 74H is amended by omitting subsection (3) and substituting the following subsection:
(3)  The cancellation of a tobacco seller's licence takes effect –
(a) if an application for a review is not made under section 160A(e) , 28 days after service of the notice; or
(b) if an application for a review is made under section 160A(e) and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review, on the day the decision was affirmed.
4.    Section 82(4)(b) is amended as follows:
(a) by omitting "a magistrate" and substituting "the Appeal Tribunal" ;
(b) by omitting "under section 167(1)(a) ," and substituting "affirming the decision," .
5.    Section 83(3)(b) is amended as follows:
(a) by omitting "a magistrate" and substituting "the Appeal Tribunal" ;
(b) by omitting "under section 167(1)(a) ," and substituting "affirming the decision," .
6.    Section 102(4)(b) is amended as follows:
(a) by omitting "a magistrate" and substituting "the Appeal Tribunal" ;
(b) by omitting "under section 167(1)(a) ," and substituting "affirming the decision," .
7.    Section 103(3)(b) is amended as follows:
(a) by omitting "a magistrate" and substituting "the Appeal Tribunal" ;
(b) by omitting "under section 167(1)(a) ," and substituting "affirming the decision," .
8.    Section 111 is amended by omitting subsection (4) and substituting the following subsection:
(4)  The variation of a licence takes effect –
(a) if an application for a review is not made under section 163(d) , 28 days after service of the notice; or
(b) if an application for a review is made under section 163(d) and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review, on the day the decision was affirmed.
9.    Section 112 is amended by omitting subsection (3) and substituting the following subsection:
(3)  The cancellation of a licence takes effect –
(a) if an application for a review is not made under section 163(e) , 28 days after service of the notice; or
(b) if an application for a review is made under section 163(e) and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review, on the day the decision was affirmed.
10.    Section 122 is amended by omitting subsection (4) and substituting the following subsection:
(4)  The variation of the registration takes effect –
(a) if an application for a review is not made under section 164(d) , 28 days after service of the notice; or
(b) if an application for a review is made under section 164(d) and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review, on the day the decision was affirmed.
11.    Section 123 is amended by omitting subsection (3) and substituting the following subsection:
(3)  The cancellation of the registration takes effect –
(a) if an application for a review is not made under section 164(e) , 28 days after service of the notice; or
(b) if an application for a review is made under section 164(e) and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review, on the day the decision was affirmed.
12.    Section 136B is amended by omitting subsection (4) and substituting the following subsection:
(4)  The variation of the registration takes effect –
(a) if an application for a review is not made under section 163A(c) , 28 days after service of the notice; or
(b) if an application for a review is made under section 163A(c) and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review, on the day the decision was affirmed.
13.    Section 136C is amended by omitting subsection (3) and substituting the following subsection:
(3)  The cancellation of the registration under subsection (1)(a) takes effect –
(a) if an application for a review is not made under section 163A(d) , 28 days after service of the notice; or
(b) if an application for a review is made under section 163A(d) and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review, on the day the decision was affirmed.
14.    Division 5 of Part 8 is amended by omitting " Appeals " from the heading to that Division and substituting " Reviews and Appeals " .
15.    Section 160A is repealed and the following section is substituted:

160A.     Reviews relating to tobacco seller's licence

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the Director's decision to –
(a) grant or refuse to grant an application for a tobacco seller's licence; or
(b) grant or refuse to grant an application for the renewal of that licence; or
(c) impose any condition on that licence; or
(d) vary that licence; or
(e) cancel that licence.
16.    Sections 163 , 163A , 164 , 165 and 166 are repealed and the following sections are substituted:

163.     Reviews relating to public health risk activity licence

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the council's decision to –
(a) grant or refuse to grant an application for a licence to carry out a public health risk activity; or
(b) grant or refuse to grant an application for the renewal of that licence; or
(c) impose any condition on the licence; or
(d) vary that licence; or
(e) cancel that licence.

163A.     Reviews relating to registration as user or supplier of water

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the council's decision to –
(a) grant or refuse to grant an application for registration as a user or supplier of water from a private water source; or
(b) impose any condition on that registration; or
(c) vary that registration; or
(d) cancel that registration.

164.     Reviews relating to regulated systems

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the council's decision to –
(a) grant or refuse to grant an application for the registration of a regulated system; or
(b) grant or refuse to grant an application for the renewal of that registration; or
(c) impose any condition on the registration; or
(d) vary that registration; or
(e) cancel that registration.

165.     Review of orders

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision of the Director or a council to make an order under this Act.

166.     Review of notices

A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision of the Director or a council to issue a notice under this Act.
17.    Section 167 is amended by omitting subsection (1) .
Radiation Control Act 1977
1.    Section 15 is repealed and the following section is substituted:

15.     Reviews

Any person who is aggrieved by –
(a) the refusal of the Minister to grant or renew a licence; or
(b) the conditions of a licence; or
(c) the variation of the conditions of a licence; or
(d) the cancellation or suspension of a licence –
may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.
Rail Safety Act 1997
1.    Section 16(c) is amended by omitting "appeal" and substituting "review" .
2.    Section 17(6)(c) is amended by omitting "appeal" and substituting "review" .
3.    Section 18(5)(b) is amended by omitting "appeal" and substituting "review" .
4.    Section 20 is amended as follows:
(a) by omitting from subsection (2) ", subject to the regulations, within 28 days after the conclusion of the proceedings, appeal to a magistrate." and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision of the Administering Authority which, for the purposes of the Magistrates Court (Administrative Appeals Division) Act 2001 , is taken to have been remade at the conclusion of the conciliation or mediation proceedings." ;
(b) by omitting from subsection (3) "an appeal" and substituting "a review" ;
(c) by omitting from subsection (4) "a magistrate" and substituting "the Magistrates Court (Administrative Appeals Division)" ;
(d) by omitting subsections (5) and (6) .
Roads and Jetties Act 1935
1.    Section 52CE(6) is amended by omitting "appeal to a magistrate against" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of" .
Sale of Hazardous Goods Act 1977
1.    Section 9 is repealed and the following section is substituted:

9.     Reviews of orders

(1)  A person who carries on business as a manufacturer or seller of any product affected by an order under section 8 may apply to the Magistrates Court (Administrative Appeals Division) for a review of the order.
(2)  For the purposes of the Magistrates Court (Administrative Appeals Division) Act 2001 , the date of publication of the notice in the Gazette that an order under section 8 has been made is taken to be the day on which the decision making the order is made.
(3)  Where the Magistrates Court (Administrative Appeals Division) sets aside an order under this section, the Court may specify the day that order is to cease to have effect, and in such a case the order 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 section 8 .
(4)  The Committee may make an order in accordance with any directions or recommendations of the Magistrates Court (Administrative Appeals Division) but, subject to the foregoing provisions of this subsection, section 8 applies to an order made under this subsection.
Sewers and Drains Act 1954
1.    Section 29 is amended as follows:
(a) by omitting paragraph (c) from subsection (6) and substituting the following paragraph:
(c) confirm the amount of its claim.
(b) by inserting the following subsection after subsection (6) :
(6A)  A land owner who is aggrieved by the decision of the local authority under subsection (6)(c) may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.
(c) by omitting subsection (7) and substituting the following subsection:
(7)  In addition to its powers under the Magistrates Court (Administrative Appeals Division) Act 2001 , the Magistrates Court (Administrative Appeals Division) may –
(a) order the local authority to leave out of account any amount not properly included in the total amount divisible under subsection (4) and to recalculate the amounts payable by the several land owners; or
(b) reduce the amount to be recovered from the objecting land owner.
(d) by omitting from subsection (8) "Every decision of a court under subsection (7) of this section shall be final and without appeal, and no" and substituting "No" .
2.    Section 42 is amended by omitting subsection (4) and substituting the following subsection:
(4)  A person proposing to make a communication who is aggrieved by the authority's decision to refuse to permit the communication to be made may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.
3.    Section 47(2) is amended by omitting "appeal to two or more justices in petty sessions." and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision to propose to execute the work." .
4.    Section 49 is amended by omitting subsection (3) and substituting the following subsection:
(3)  If a person is aggrieved by any terms or conditions that a local authority seeks to impose under subsection (2) , the person may apply to the Magistrates Court (Administrative Appeals Division) for a review of those terms or conditions or may, if he or she so elects, refer the matter to arbitration.
5.    Section 50 is amended as follows:
(a) by omitting subsection (3) and substituting the following subsection:
(3)  If a building owner is aggrieved by any requirement of the local authority under subsection (2) and the matter is not referable to the Building Appeal Board, the building owner may apply to the Magistrates Court (Administrative Appeals Division) for a review of the requirement.
(b) by omitting subsection (6) and substituting the following subsection:
(6)  If a building owner is aggrieved by the decision of the local authority as to the amount of any payment to be made under subsection (5) , the building owner may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision or may, if he or she elects, refer the matter to arbitration.
6.    Section 83 is amended as follows:
(a) by omitting from subsection (3) "he may apply to two or more justices in petty sessions to quash or vary the notice." and substituting "he or she may apply to the Magistrates Court (Administrative Appeals Division) for a review of the notice." ;
(b) by inserting the following subsection after subsection (4) :
(4A)  All parties notified under subsection (4) are taken to be parties to the review.
(c) by omitting subsection (5) and substituting the following subsection:
(5)  In addition to its powers under the Magistrates Court (Administrative Appeals Division) Act 2001 , the Magistrates Court (Administrative Appeals Division) –
(a) if and so far as the application is based on the ground of some informality, defect or error in or in connection with the notice, is to dismiss the application if it is satisfied that the informality, defect or error was not a material one; and
(b) may make such order as it thinks fit with respect to the person by whom any work is to be executed and the contribution to be made by any other person towards the cost of the work or as to the proportions in which any expenses that may become recoverable by the local authority are to be borne by the applicant and the other person; and
(c) is to have regard, as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and the nature of the works required; and
(d) is to, in any case, have regard to the degree of benefit to be derived by the different persons affected by the application.
(d) by omitting from subsection (7) "to justices" and substituting "for review" .
7.    Section 84 is repealed and the following section is substituted:

84.     Procedures on reviews

(1)  If an application for a review to the Magistrates Court (Administrative Appeals Division) is made under this Act, the document notifying the person concerned of the decision of the local authority is to state that an application for a review may be made and the time within which the application is to be made.
(2)  Where, on an application for a review under this Act, the Magistrates Court (Administrative Appeals Division) varies or sets aside any decision of a local authority, the local authority is to give effect to the decision of the Court and, in particular, is to grant or issue any necessary consent or other document and make any necessary entry in any register.
Substandard Housing Control Act 1973
1.    Section 4 is amended as follows:
(a) by omitting from subsection (6) "appealed in respect thereof his appeal has been dismissed" and substituting "applied for a review and the decision of the Director having been affirmed" ;
(b) by omitting subsection (7) and substituting the following subsection:
(7)  If a decision to issue a notice is not affirmed under section 8 , the Director, in accordance with section 8A , is to serve notice on the Recorder that the decision to issue a notice has not been affirmed.
2.    Section 8 is repealed and the following section is substituted:

8.     Reviews under Division 1

Where any person is aggrieved –
(a) by the service of a notice of intention on that person under section 4 (1) ; or
(b) by the refusal of the Director to withdraw a notice of intention in accordance with section 4 (5) ; or
(c) by the refusal of the Director to issue a certificate declaring that that person's house has ceased to be a declared substandard house under section 7 (1) –
that person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the notice or refusal.
Taxation Administration Act 1997
1.    Section 5 is amended by inserting ", including the Magistrates Court (Administrative Appeals Division)," after "body" .
2.    Section 19(3)(a) is amended by inserting ", review" after "objection" .
3.    Part 10 is amended by inserting in the heading to that Part " , REVIEWS " after " OBJECTIONS " .
4.    Section 80(4) is amended by inserting ", including the Magistrates Court (Administrative Appeals Division)," after "body" .
5.    Section 84(2) is amended as follows:
(a) by inserting "review or" after "right of" ;
(b) by inserting "review or" after "of the" .
6.    Section 87 is amended as follows:
(a) by inserting ", review" after "an objection" ;
(b) by inserting ", review" after "the objection" ;
(c) by inserting ", review" after "no objection" .
7.    Division 2 of Part 10 is amended by omitting " Appeals " from the heading to that Division and substituting " Reviews and appeals " .
8.    Section 89 is amended as follows:
(a) by inserting in subsection (1) "apply to the Magistrates Court (Administrative Appeals Division) for a review of, or" after "may" ;
(b) by inserting in subsection (2) "application for review or an" after "An" ;
(c) by omitting from subsection (2)(a) "an" and substituting "a review or" ;
(d) by omitting from subsection (2)(b) "an" and substituting "a review or" ;
(e) by inserting in subsection (3) "apply for a review or" after "not to" ;
(f) by inserting in subsection (3)(a) "review or" after "which the" ;
(g) by inserting in subsection (3)(b) "apply for a review or" after "to" ;
(h) by inserting in subsection (4) "apply for a review or" after "intention to" ;
(i) by inserting in subsection (4) "application for a review or" after "before the" .
9.    Section 90 is amended as follows:
(a) by inserting "Magistrates Court (Administrative Appeals Division) or" after "Unless the" ;
(b) by inserting "a review or" after "orders, on" .
10.    Section 91 is amended by inserting "a review or" after "On" .
11.    Section 93 is amended as follows:
(a) by inserting in subsection (1) "review or" after "on" ;
(b) by inserting in subsection (2) ", or a decision of the Magistrates Court (Administrative Appeals Division) on a review," after "on an appeal" .
12.    Division 3 of Part 10 is amended by inserting in the heading to that Division " , review " after " objection " .
13.    Section 94 is amended by inserting ", the decision of the Commissioner is not affirmed on review" after "part" .
Travel Agents Act 1987
1.    Division 3 of Part IV is repealed and the following Division is substituted:
Division 3 - Reviews

34.     Reviews of refusal to grant licence, &c.

(1)  Where the Board refuses to grant an application for a licence or imposes conditions or restrictions to which a licence is to be subject, the applicant or holder of the licence may apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal or the imposition of conditions or restrictions.
(2)  Where the Board suspends or cancels a licence or imposes a disqualification in accordance with section 33 (2) , the holder, or the former holder, of the licence or the person disqualified may apply to the Magistrates Court (Administrative Appeals Division) for a review of the suspension, cancellation or disqualification.
(3)  Where –
(a) an applicant, or a prospective applicant, for a licence is refused participation in the compensation scheme; or
(b) the participation in the compensation scheme of a holder of a licence has been terminated otherwise than by the holder –
the applicant, prospective applicant or holder, as the case may be, may apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal or termination.
(4)  A registrar, within the meaning of the Magistrates Court (Administrative Appeals Division) Act 2001 , is to, within 7 days after the application for review has been lodged, give notice in writing of the application to the Board and the compensation scheme trustees.
(5)  On the hearing of an application for a review under subsection (1) , the Magistrates Court (Administrative Appeals Division) may make any determination in relation to the matter under review that could have been made by the Board and, where the Magistrates Court (Administrative Appeals Division) makes such a determination, the determination is taken to be a decision of the Board instead of the decision in respect of which the application for review was made and is to be given effect accordingly.
(6)  On the hearing of an application for a review under subsection (2) , the Magistrates Court (Administrative Appeals Division), where it is satisfied that any matter referred to in section 32 (1) has been established, may decide to exercise any one or more of the powers conferred on the Board by section 33 (1) which powers are, for the purposes of this subsection, taken to include a power to fine the holder of a licence who made the application for review an amount not exceeding 10 penalty units.
(7)  Where the Magistrates Court (Administrative Appeals Division) makes a decision under subsection (6) , that decision is taken to be a decision of the Board under section 33 (1) instead of the decision in respect of which the application for review was made and is to be given effect accordingly.
(8)  On the hearing of an application for a review under subsection (3) , the Magistrates Court (Administrative Appeals Division) may –
(a) where the review relates to a refusal referred to in subsection (3) (a) , admit the person who made the application for review to participation in the compensation scheme conditionally upon the person being or becoming licensed; or
(b) where the review relates to a termination referred to in subsection (3) (b) , annul the termination –
and a decision by the Magistrates Court (Administrative Appeals Division) under paragraph (a) or (b) of this subsection is taken to be a decision made in accordance with the law governing the compensation scheme and is to be given effect accordingly.
(9)  The powers referred to in subsections (5) , (6) , (7) and (8) are in addition to any powers that may be exercised by the Magistrates Court (Administrative Appeals Division) under the Magistrates Court (Administrative Appeals Division) Act 2001 .
(10)  A registrar, within the meaning of the Magistrates Court (Administrative Appeals Division) Act 2001 is to cause a copy of the decision of the Court to be served on the applicant, the Board and the compensation scheme trustees.
2.    Section 55(2) is amended by omitting paragraph (i) .
Universities Registration Act 1995
1.    Section 18H is repealed and the following section is substituted:

18H.     Reviews

An institution, a registered university or a registered institution may apply to the Magistrates Court (Administrative Appeals Division) for a review of –
(a) the refusal to grant an application by the institution for registration; or
(b) the refusal to grant an application by the registered university or registered institution for the renewal of its registration; or
(c) the refusal to grant an application by the registered university or registered institution for a variation of its registration; or
(d) the cancellation of its registration.
Valuers Registration Act 1974
1.    Section 14 is repealed and the following section is substituted:

14.     Reviews of decisions of the Board

A person who is aggrieved by –
(a) the refusal or failure of the Board to grant the person registration; or
(b) the cancellation or suspension by the Board of the person's registration; or
(c) the refusal of the Board to restore the person's registration –
may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision of the Board.
Veterinary Surgeons Act 1987
1.    Section 46(5) is amended as follows:
(a) by omitting from paragraph (a) "14" and substituting "28" ;
(b) by omitting paragraph (b) and substituting the following paragraph:
(b) where the person applies for a review under section 53 before the expiration of the period referred to in paragraph (a) , until the review is dealt with or the application is withdrawn.
2.    Section 47(1) is amended by omitting "14" and substituting "28" .
3.    Part VII is amended by omitting " APPEALS " from the heading to that Part and substituting " REVIEWS AND APPEALS " .
4.    Section 53 is amended as follows:
(a) by omitting from subsection (1) ", within the prescribed period, appeal to a magistrate in the prescribed manner." and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision of the Board." ;
(b) by inserting the following subsection after subsection (1) :
(1A)  The Board is to make such entries in the register or list as may be necessary to give effect to a decision of the Magistrates Court (Administrative Appeals Division).
5.    Section 54 is amended as follows:
(a) by omitting subsection (2) ;
(b) by omitting subsection (4) and substituting the following subsection:
(4)  The Board is to make such entries in the register or list as may be necessary to give effect to a decision of the Supreme Court under subsection (3) .
Workplace Health and Safety Act 1995
1.    Section 3(1) is amended by omitting the definition of appeal tribunal .
2.    Section 38(10) is amended by omitting "lodged an appeal" and substituting "applied for a review" .
3.    Section 41 is repealed and the following section is substituted:

41.     Application for review

(1)  A person on whom a notice under section 38 , 39 or 40 is served and who is aggrieved by the notice may apply to the Magistrates Court (Administrative Appeals Division) for a review of the notice.
(2)  Subject to subsection (3) , if a review is instituted under this section, the notice in respect of which the review is instituted is of no effect pending the final determination of the review or the withdrawal of the application for review.
(3)  If a review is instituted against a notice which directs an activity to cease immediately, the notice takes effect, unless the Magistrates Court (Administrative Appeals Division) directs otherwise, pending the final determination of the review.
4.    Sections 45 and 46 are repealed.


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