Aboriginal Land Regulation 2011
sec.40Court may accept some noncompliance with s 39
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sec.40 Court may accept some noncompliance with s 39
This section applies if a party to a proceeding before the Land Tribunal— complies with section 39 , other than section 39 (2) , no later than 70 days after the tribunal’s decision was given to the party and the Land Appeal Court is satisfied the party’s reasons for the noncompliance are reasonable; or does not comply with section 39 because the party’s notice of appeal is defective and the Land Appeal Court decides the defect does not result in a detriment to the person on whom it was served and does not mislead the registrar of the Land Appeal Court. The party is taken to have complied with section 39 for the proceeding. (sec.40-ssec.1) This section applies if a party to a proceeding before the Land Tribunal— complies with section 39 , other than section 39 (2) , no later than 70 days after the tribunal’s decision was given to the party and the Land Appeal Court is satisfied the party’s reasons for the noncompliance are reasonable; or does not comply with section 39 because the party’s notice of appeal is defective and the Land Appeal Court decides the defect does not result in a detriment to the person on whom it was served and does not mislead the registrar of the Land Appeal Court. (sec.40-ssec.2) The party is taken to have complied with section 39 for the proceeding.
- (a) complies with section 39 , other than section 39 (2) , no later than 70 days after the tribunal’s decision was given to the party and the Land Appeal Court is satisfied the party’s reasons for the noncompliance are reasonable; or
- (b) does not comply with section 39 because the party’s notice of appeal is defective and the Land Appeal Court decides the defect does not result in a detriment to the person on whom it was served and does not mislead the registrar of the Land Appeal Court.