NSWIn ForceAct
Gas Supply Act 1996
45Appeals against decisions concerning licences
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#### 45 Appeals against decisions concerning licences
45 Appeals against decisions concerning licences
> > (1) A person aggrieved by any of the following decisions of the Minister may appeal to the Supreme Court against the decision—
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> > > (a) a decision cancelling a licence,
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> > > (b) a decision imposing a condition on a licence (other than a condition imposed when the licence is granted),
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> > > (c) a decision varying the conditions of a licence,
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> > > (d) a decision refusing an application for the transfer of a licence,
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> > > (e) a decision imposing a monetary penalty on the holder of a licence.
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> > (2) An appeal is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the original decision was made, may be given on the appeal.
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> > (3) For the purposes of an appeal, the Minister may certify in writing that a specified policy applies to the subject matter of the appeal.
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> > (4) In deciding an appeal to which such a certificate relates, the Supreme Court is required to apply the policy so certified, except to the extent to which the application of that policy would be contrary to law.
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> > (5) The decision of the Supreme Court in respect of an appeal is taken to be the decision of the Minister and is to be given effect to accordingly.