19SProcedure on appeal

#### 19S Procedure on appeal 19S Procedure on appeal > > (1) An appeal under section 19Q is to be heard before the Local Court. > > > (2) The Local Court is to hear and determine the appeal and may confirm (with or without variation) the decision appealed against, set aside the decision, dismiss the appeal or make any other order as seems just to the Court in the circumstances. > > > (3) In varying a decision in an appeal under this Division, the Local Court may exercise only such powers as the responsible regulator could have exercised under this Act when making that decision. > > > (4) If the decision that is appealed against was based on an offence committed (or alleged to have been committed) by the appellant under this Act or any other law, the appeal against the decision does not permit review of— > > > > > (a) the guilt or innocence of the appellant for the offence, or > > > > > (b) the imposition of a penalty or the level of a penalty imposed on the appellant for the offence. > > > (5) The Local Court is not bound to observe the rules of law governing the admission of evidence but may inform itself of any matter in such manner as it sees fit. > > > (6) The civil standard of proof applies in proceedings on an appeal. > > > (7) Subject to the regulations, any material considered by the responsible regulator in reaching the decision the subject of the appeal and copies of any notices, documents or letters served on the appellant by the responsible regulator together with details of their service are admissible in the proceedings. > > > (8) The authenticity of any such material, notices, documents, letters and service must be certified by an authorised officer. > > > (9) The decision of the Local Court given in any appeal under this Division is final and is taken to be the decision of the responsible regulator and to be carried into effect accordingly. > > **s 19S:** Ins 2016 No 28, Sch 1 \[18\]. Am 2025 No 12, Sch 1\[24\].