Div 3Appeals (other than Appeals from. Courts of a State or Territory).

Division 3.—Appeals (other than Appeals from. Courts of a State or Territory).

Appeals from Registrar.

77.—(1.) An application under paragraph (c) of sub-section (1.) of section 109 of the Act for leave to appeal to the Court shall be made within twenty-one days after the act or decision sought to be appealed against—

(a) by filing with the Registrar from whose act or decision the appeal is sought to be brought an application in accordance with Form 22; and

(b) by serving a copy of the application on any other person who appeared or was represented before the Registrar or his representative.

(2.) The Court or a Judge shall fix a time and place for the hearing of the application and the Registrar shall give notice thereof to the appellant and to any other person who appeared or was represented before the Registrar or his representative and to any person to whom the Court or a Judge directs that notice be given.

(3.) The Registrar may, if the Court or a Judge thinks fit, be heard on the application for leave to appeal.

(4.) If leave to appeal is granted—

(a) the Court or a Judge may proceed to hear the appeal forthwith if the Court or Judge is satisfied that it is just so to do; or

(b) in any other case, the Court or Judge shall fix a time and place for the hearing of the appeal and the Registrar shall give notice thereof to the appellant, to all persons to whom notice of the hearing of the application for leave to appeal was given and to all persons who appeared on the hearing of the application for leave to appeal.

(5.) The Registrar may, if the Court or a Judge thinks fit, be heard on the hearing of the appeal.

(6.) The Court’s order on the appeal shall be lodged with the Registrar whose decision has been appealed against, and that Registrar shall do all things necessary to be done on his part to carry the order into effect.

Appeals under section 37 of the Stevedoring Industry Act 1956.

78.—(1.) An appeal under section 37 of the Stevedoring Industry Act 1956 shall be in accordance with Form 23.

(2.) The prescribed officer for the purposes of that section is the Deputy Industrial Registrar in the State or Territory in which the port at which the appellant was registered is situated.

(3.) Unless otherwise directed by the Court or a Judge, an appeal shall be heard at the Capital City of the State, or the principal city or town of the Territory, in which the port at which the appellant was registered is situated.