QLDIn ForceAct
Coal Mining Safety and Health Act 1999
sec.241Powers of court on appeal
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### sec.241 Powers of court on appeal
In deciding an appeal, an Industrial Magistrates Court may—
confirm the decision appealed against; or
set aside the decision and substitute another decision; or
set aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.
In substituting another decision, the court has the same powers as the original decision-maker.
In an appeal against the Minister’s decision to cancel an accreditation, the court may decide to cancel the accreditation or to amend the accreditation by imposing conditions.
If the court substitutes another decision, the substituted decision is taken to be the decision of the original decision-maker.
The court may make an order for costs it considers appropriate.
(sec.241-ssec.1) In deciding an appeal, an Industrial Magistrates Court may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.
(sec.241-ssec.2) In substituting another decision, the court has the same powers as the original decision-maker. In an appeal against the Minister’s decision to cancel an accreditation, the court may decide to cancel the accreditation or to amend the accreditation by imposing conditions.
(sec.241-ssec.3) If the court substitutes another decision, the substituted decision is taken to be the decision of the original decision-maker.
(sec.241-ssec.4) The court may make an order for costs it considers appropriate.
- (a) confirm the decision appealed against; or
- (b) set aside the decision and substitute another decision; or
- (c) set aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.