NSWIn ForceAct
Motor Vehicles (Third Party Insurance) Act 1942
13Appeal against refusal to issue or against cancellation of policy
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#### 13 Appeal against refusal to issue or against cancellation of policy
13 Appeal against refusal to issue or against cancellation of policy
> > (1) Where the Government Insurance Office refuses to issue to any person a third-party policy or gives notice of intention to cancel a third-party policy issued to any person there shall be a right of appeal to the District Court or the Local Court.
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> > (2) Any such appeal shall be in the nature of a rehearing and where made to the District Court shall be made in accordance with rules of court and when made to the Local Court shall be made in accordance with regulations made in that behalf.
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> > (3) On any such appeal the court may make such order as it thinks fit, having regard to the merits of the case and the public welfare.
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> > (3A) Without prejudice to the generality of the power conferred by subsection (3) the court may direct that the third-party policy be issued upon payment of a premium at the amount specified in the order or that the notice of intended cancellation of a policy be withdrawn upon payment of an additional amount to be specified in the order by way of premium.
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> > (4)
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> > > (a) If any party to any such appeal made to the District Court is dissatisfied with the ruling, order, direction or decision of the District Court in point of law or upon the admission or rejection of evidence such party may appeal from the same to the Supreme Court.
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> > > (b) If any party to any such appeal made to the Local Court is dissatisfied with the determination or order of the Local Court such party may appeal from the same under and in accordance with Part 3 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), and the provisions of that Part shall, mutatis mutandis, apply to and in respect of such appeal as if the same were an appeal from a determination or order of a justice or justices.
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> **s 13:** Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1984 No 86, Schs 1 (6) (a), 5 (8); 1998 No 137, Sch 2.19; 1999 No 31, Sch 4.63 \[1\]; 2001 No 121, Sch 2.153; 2007 No 94, Schs 1.73 \[1\] \[2\], 2.