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Heavy Vehicle National Law Act 2012
sec.29Applying review and appeal provisions of the Law
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### sec.29 Applying review and appeal provisions of the Law
This section makes special provision about how the Law applies in relation to a commissioner’s refusal decision, a commissioner’s conditional decision or a commissioner’s amendment or cancellation decision (the commissioner’s decision ).
For applying section 641 of the Law to the commissioner’s decision, a dissatisfied person includes—
for a commissioner’s refusal decision or a commissioner’s conditional decision—the applicant for the mass or dimension exemption (permit) the subject of the decision; and
for a commissioner’s amendment or cancellation decision—
if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or
if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.
Section 642 of the Law does not apply in relation to the commissioner’s decision.
For applying sections 643 to 646 of the Law , a reference to a road manager for a road, or to a road manager, is taken to include a reference to the commissioner.
The review decision for the commissioner’s decision can not be the subject of an appeal under Part 11.3 of the Law .
Without limiting subsection (5) —
references to an appeal in section 645 of the Law may be ignored; and
section 646 (2) of the Law applies only to the extent of section 646 (2) (a) and (b) .
s 29 ins 2013 No. 4 s 10
(sec.29-ssec.1) This section makes special provision about how the Law applies in relation to a commissioner’s refusal decision, a commissioner’s conditional decision or a commissioner’s amendment or cancellation decision (the commissioner’s decision ).
(sec.29-ssec.2) For applying section 641 of the Law to the commissioner’s decision, a dissatisfied person includes— for a commissioner’s refusal decision or a commissioner’s conditional decision—the applicant for the mass or dimension exemption (permit) the subject of the decision; and for a commissioner’s amendment or cancellation decision— if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.
(sec.29-ssec.3) Section 642 of the Law does not apply in relation to the commissioner’s decision.
(sec.29-ssec.4) For applying sections 643 to 646 of the Law , a reference to a road manager for a road, or to a road manager, is taken to include a reference to the commissioner.
(sec.29-ssec.5) The review decision for the commissioner’s decision can not be the subject of an appeal under Part 11.3 of the Law .
(sec.29-ssec.6) Without limiting subsection (5) — references to an appeal in section 645 of the Law may be ignored; and section 646 (2) of the Law applies only to the extent of section 646 (2) (a) and (b) .
- (a) for a commissioner’s refusal decision or a commissioner’s conditional decision—the applicant for the mass or dimension exemption (permit) the subject of the decision; and
- (b) for a commissioner’s amendment or cancellation decision— (i) if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or (ii) if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.
- (i) if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or
- (ii) if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.
- (i) if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or
- (ii) if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.
- (a) references to an appeal in section 645 of the Law may be ignored; and
- (b) section 646 (2) of the Law applies only to the extent of section 646 (2) (a) and (b) .