101Contravening a civil penalty provision is not an offence

101 Contravening a civil penalty provision is not an offence

To avoid doubt, a contravention of a civil penalty provision is not an offence.

Part 7—Other matters

Division 1—Review by VCAT

102 Application for review of certain decisions by VCAT

(1) An eligible applicant may apply to VCAT for review of the following decisions of the Authority within 28 days of being notified of the decision—

(a) a decision to grant a licence under section 24;

(b) a decision to refuse to grant a licence under section 24;

(c) a decision to renew a licence under section 29;

(d) a decision to refuse to renew a licence under section 29;

(e) a decision to impose a condition on a licence under section 33;

(f) a decision to issue a notice to comply under section 37;

(g) a decision to vary a licence under
section 38;

(h) a decision to suspend a licence under section 39;

(i) a decision to cancel a licence under section 40.

(2) In this section—

eligible applicant means—

(a) in the case of a decision relating to an application for a licence or renewal of a licence, the applicant for the licence or renewal of the licence or an interested person who made an objection to the application; and

(b) in the case of any other decision relating to a licence, the holder of the licence.

(3) For the purposes of section 59(1)(b)(iv) of the Victorian Civil and Administrative Tribunal Act 1998, if an application is made for review of a decision referred to in subsection (1), the person who is the subject of the decision is a party to a proceeding for review of the decision, whether or not the person was the applicant for the review.

(4) To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act.

Under section 4 of the Victorian Civil and Administrative Tribunal Act 1998, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.

Division 2—Secrecy provision