Medicines and Poisons Act 2019
sec.264Appeals against forfeiture decisions under Health Act
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sec.264 Appeals against forfeiture decisions under Health Act
This section applies if, before the commencement, a thing was forfeited to the State under the Health Act , repealed section 153G(1)(c) and, immediately before the commencement— the period during which the owner may have started an appeal to a Magistrates Court under the Health Act , part 4A , division 7 had not ended; or the owner had started an appeal (the first appeal ) that had not been decided by the Magistrates Court; or the period in which the owner may have started an appeal to the District Court from a decision of the Magistrates Court on the first appeal had not ended; or the owner started an appeal (the second appeal ) to the District Court from a decision of the Magistrates Court on the first appeal and the second appeal was not decided. The first appeal and second appeal may be decided, or started and decided, as if this Act had not commenced. Also, the owner may start an appeal to the District Court from a decision of the Magistrates Court as if this Act had not commenced. (sec.264-ssec.1) This section applies if, before the commencement, a thing was forfeited to the State under the Health Act , repealed section 153G(1)(c) and, immediately before the commencement— the period during which the owner may have started an appeal to a Magistrates Court under the Health Act , part 4A , division 7 had not ended; or the owner had started an appeal (the first appeal ) that had not been decided by the Magistrates Court; or the period in which the owner may have started an appeal to the District Court from a decision of the Magistrates Court on the first appeal had not ended; or the owner started an appeal (the second appeal ) to the District Court from a decision of the Magistrates Court on the first appeal and the second appeal was not decided. (sec.264-ssec.2) The first appeal and second appeal may be decided, or started and decided, as if this Act had not commenced. (sec.264-ssec.3) Also, the owner may start an appeal to the District Court from a decision of the Magistrates Court as if this Act had not commenced.
- (a) the period during which the owner may have started an appeal to a Magistrates Court under the Health Act , part 4A , division 7 had not ended; or
- (b) the owner had started an appeal (the first appeal ) that had not been decided by the Magistrates Court; or
- (c) the period in which the owner may have started an appeal to the District Court from a decision of the Magistrates Court on the first appeal had not ended; or
- (d) the owner started an appeal (the second appeal ) to the District Court from a decision of the Magistrates Court on the first appeal and the second appeal was not decided.