Heavy Vehicle National Law (Queensland)
sec.649Powers of relevant appeal body on appeal
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sec.649 Powers of relevant appeal body on appeal
In deciding, under this Law, an appeal against a review decision, the relevant appeal body— has the same powers as the person who made the reviewable decision to which the review decision relates; and is not bound by the rules of evidence; and must comply with natural justice. An appeal is by way of rehearing— unaffected by the review decision; and on the material before the person who made the review decision and any further evidence allowed by the relevant appeal body. After hearing the appeal, the relevant appeal body must— confirm the review decision; or set aside the review decision and substitute another decision that it considers appropriate; or set aside the review decision and return the issue to the person who made the reviewable decision to which the review decision relates with the directions that it considers appropriate. (sec.649-ssec.1) In deciding, under this Law, an appeal against a review decision, the relevant appeal body— has the same powers as the person who made the reviewable decision to which the review decision relates; and is not bound by the rules of evidence; and must comply with natural justice. (sec.649-ssec.2) An appeal is by way of rehearing— unaffected by the review decision; and on the material before the person who made the review decision and any further evidence allowed by the relevant appeal body. (sec.649-ssec.3) After hearing the appeal, the relevant appeal body must— confirm the review decision; or set aside the review decision and substitute another decision that it considers appropriate; or set aside the review decision and return the issue to the person who made the reviewable decision to which the review decision relates with the directions that it considers appropriate.
- (a) has the same powers as the person who made the reviewable decision to which the review decision relates; and
- (b) is not bound by the rules of evidence; and
- (c) must comply with natural justice.
- (a) unaffected by the review decision; and
- (b) on the material before the person who made the review decision and any further evidence allowed by the relevant appeal body.
- (a) confirm the review decision; or
- (b) set aside the review decision and substitute another decision that it considers appropriate; or
- (c) set aside the review decision and return the issue to the person who made the reviewable decision to which the review decision relates with the directions that it considers appropriate.