36Right of review

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).