QLDIn ForceAct
Coal Mining Safety and Health Act 1999
sec.248Powers of court on appeal
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### sec.248 Powers of court on appeal
In deciding an appeal, the Industrial Court may—
confirm the directive or decision appealed against; or
vary the directive or decision appealed against; or
set aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or
set aside the directive or decision appealed against and return the issue to the person who gave the directive or to the maker of the decision with directions the court considers appropriate.
If on appeal the court acts under subsection (1) (b) or (c) , the decision is taken, for this Act (other than this part), to be that of the chief inspector or the person who gave the directive.
The court may make an order for costs it considers appropriate.
s 248 amd 2011 No. 2 s 21 ; 2014 No. 64 s 208E
(sec.248-ssec.1) In deciding an appeal, the Industrial Court may— confirm the directive or decision appealed against; or vary the directive or decision appealed against; or set aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or set aside the directive or decision appealed against and return the issue to the person who gave the directive or to the maker of the decision with directions the court considers appropriate.
(sec.248-ssec.2) If on appeal the court acts under subsection (1) (b) or (c) , the decision is taken, for this Act (other than this part), to be that of the chief inspector or the person who gave the directive.
(sec.248-ssec.3) The court may make an order for costs it considers appropriate.
- (a) confirm the directive or decision appealed against; or
- (b) vary the directive or decision appealed against; or
- (c) set aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or
- (d) set aside the directive or decision appealed against and return the issue to the person who gave the directive or to the maker of the decision with directions the court considers appropriate.