QLDIn ForceAct
Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
sec.67JAppeal
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### sec.67J Appeal
The reportable offender may appeal against the police commissioner’s decision under section 67I by filing a notice of appeal with a Magistrates Court within—
28 days after the day when the offender receives, or ought to have received, the notice; or
if the Court extends the time for filing the notice of appeal—the time allowed by the Court.
The reportable offender must serve a copy of the notice of appeal on the police commissioner.
The procedure for an appeal under this part must be in accordance with the rules of court applicable to the appeal.
In deciding an appeal, the Magistrates Court may—
confirm the decision; or
amend the decision; or
set aside the decision and substitute a decision the Court considers should have been made.
If the Magistrates Court amends the decision or substitutes another decision, the amended decision, or the substituted decision, is taken to be the decision of the police commissioner for the purposes of this Act, other than this part.
The Magistrates Court must not award costs in relation to an appeal under this part.
s 67J ins 2014 No. 34 s 27
(sec.67J-ssec.1) The reportable offender may appeal against the police commissioner’s decision under section 67I by filing a notice of appeal with a Magistrates Court within— 28 days after the day when the offender receives, or ought to have received, the notice; or if the Court extends the time for filing the notice of appeal—the time allowed by the Court.
(sec.67J-ssec.2) The reportable offender must serve a copy of the notice of appeal on the police commissioner.
(sec.67J-ssec.3) The procedure for an appeal under this part must be in accordance with the rules of court applicable to the appeal.
(sec.67J-ssec.4) In deciding an appeal, the Magistrates Court may— confirm the decision; or amend the decision; or set aside the decision and substitute a decision the Court considers should have been made.
(sec.67J-ssec.5) If the Magistrates Court amends the decision or substitutes another decision, the amended decision, or the substituted decision, is taken to be the decision of the police commissioner for the purposes of this Act, other than this part.
(sec.67J-ssec.6) The Magistrates Court must not award costs in relation to an appeal under this part.
- (a) 28 days after the day when the offender receives, or ought to have received, the notice; or
- (b) if the Court extends the time for filing the notice of appeal—the time allowed by the Court.
- (a) confirm the decision; or
- (b) amend the decision; or
- (c) set aside the decision and substitute a decision the Court considers should have been made.