108Conduct of appeal

108 Conduct of appeal (1) At the hearing of an appeal under section 106 or 107, fresh evidence or evidence in addition to or in substitution for the evidence before the CHO may be given on the appeal. (2) In deciding the appeal, the Local Court may: (a) confirm the decision; or (b) vary the decision; or (c) set aside the decision; or (d) substitute its own decision for the decision; or (e) refer the matter to which the appeal relates to the Minister or CHO for reconsideration, either generally or in relation to stated matters, and for substitution of another decision. (3) In referring the matter to the Minister or CHO, the Court must: (a) advise the Minister or CHO of its reasons for doing so; and (b) give to the Minister or CHO the directions it considers appropriate for the reconsideration of the whole or any part of the matter being remitted. (4) The Court may make the orders it considers appropriate to give effect to its decision and the orders as to costs it considers just. (5) A decision under subsection (2)(b) or (d) is taken for this Act (other than this Part) to be the decision of the person who made the decision appealed against.