5MAppeals

5M Appeals (1) A person who is dissatisfied with: (a) a decision of the Competent Authority under this Subdivision; or (b) a decision by the Commissioner of Police not to provide a certificate that an applicant is an appropriate person to whom a licence may be granted; may appeal to the Local Court against the decision. (2) An appeal under subregulation (1) must: (a) be made within 28 days after the date on which the person received notice of the decision; and (b) be in writing setting out the grounds on which the person makes the appeal. (3) A copy of the application must be served on the Competent Authority and, if subregulation (1)(b) applies, the Commissioner of Police. (4) The Local Court must conduct a hearing, in the manner it thinks fit, into the reasons for the Competent Authority (or the Commissioner of Police, as the case may be) having made the decision appealed against. (5) The Local Court hearing an appeal has all the powers, duties and functions of the Competent Authority (or the Commissioner of Police, as the case may be) in relation to the matter to which the appeal relates. (6) The Local Court must determine the appeal by: (a) confirming the decision of the Competent Authority (or the Commissioner of Police, as the case may be); or (b) varying the decision of the Competent Authority (or the Commissioner of Police, as the case may be) in any manner as it thinks fit; or

Dangerous Goods Regulations 1985 14 (c) substituting the Local Court's own decision for the decision of the Competent Authority (or the Commissioner of Police, as the case may be); or (d) disallowing the decision of the Competent Authority (or the Commissioner of Police, as the case may be). (7) A determination under subregulation (6) takes effect: (a) on the date specified in the determination; or (b) if no date is specified – on the date of the determination. (8) If the appeal is against a decision by the Commissioner of Police not to provide a certificate that an applicant is an appropriate person to whom a licence may be granted, the Local Court must take steps to maintain the confidentiality of classified information provided to it by the Commissioner, including steps to receive evidence and hear argument about the information in the absence of the parties to the proceedings, their representatives and the public, if the Court considers the classified information is criminal intelligence. (9) If the Local Court considers classified information is not criminal intelligence, the Court must allow the Commissioner of Police to withdraw the classified information from consideration. (10) A person (other than the Commissioner of Police or a person authorised by the Commissioner) must not disclose to any person: (a) information the Local Court considers is criminal intelligence; or (b) classified information that is withdrawn under subregulation (9). (11) In this regulation: classified information means information the Commissioner of Police classifies as criminal intelligence. criminal intelligence means: (a) information relating to actual or suspected criminal activity (whether in the Territory or elsewhere) the disclosure of which could reasonably be expected to: (i) prejudice a criminal investigation; or