QLDIn ForceAct
Forestry Act 1959
sec.82IHearing procedures
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### sec.82I Hearing procedures
The power to make rules of court under the Magistrates Courts Act 1921 includes power to make rules of court for an appeal to Magistrates Courts under section 82H .
The procedure for the appeal is to be—
in accordance with the rules made under the Magistrates Courts Act 1921 ; or
in the absence of relevant rules, as directed by a magistrate.
In deciding the appeal, the Magistrates Court—
is not bound by the rules of evidence; and
must observe natural justice; and
may hear the appeal in court or chambers.
However, the Magistrates Court is not to require the chief executive or any witness to disclose any evidence or information, including the name of a witness that may prejudice—
an investigation of an offence against this Act; or
a proceeding for a contravention of this Act, whether or not a proceeding has then been commenced.
s 82I ins 1997 No. 20 s 11
amd 2000 No. 26 s 12 sch 1
(sec.82I-ssec.1) The power to make rules of court under the Magistrates Courts Act 1921 includes power to make rules of court for an appeal to Magistrates Courts under section 82H .
(sec.82I-ssec.2) The procedure for the appeal is to be— in accordance with the rules made under the Magistrates Courts Act 1921 ; or in the absence of relevant rules, as directed by a magistrate.
(sec.82I-ssec.3) In deciding the appeal, the Magistrates Court— is not bound by the rules of evidence; and must observe natural justice; and may hear the appeal in court or chambers.
(sec.82I-ssec.4) However, the Magistrates Court is not to require the chief executive or any witness to disclose any evidence or information, including the name of a witness that may prejudice— an investigation of an offence against this Act; or a proceeding for a contravention of this Act, whether or not a proceeding has then been commenced.
- (a) in accordance with the rules made under the Magistrates Courts Act 1921 ; or
- (b) in the absence of relevant rules, as directed by a magistrate.
- (a) is not bound by the rules of evidence; and
- (b) must observe natural justice; and
- (c) may hear the appeal in court or chambers.
- (a) an investigation of an offence against this Act; or
- (b) a proceeding for a contravention of this Act, whether or not a proceeding has then been commenced.