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Radiation Safety Act 1999
sec.226Appeals
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### sec.226 Appeals
Subsection (2) applies if—
a person has appealed to the Supreme Court under the repealed Act before the commencement against a decision of the Minister; and
the appeal has not been decided before the commencement.
The Supreme Court may hear, or continue to hear, and decide the appeal under the repealed Act as if it had not been repealed.
Subsection (4) applies if—
immediately before the commencement a person could have appealed to the Supreme Court under the repealed Act against a decision of the Minister; and
the person has not appealed before the commencement.
The person may appeal, and the Supreme Court may hear and decide the appeal, under the repealed Act as if this Act had not commenced.
For giving effect to its decision under subsection (2) or (4), the Supreme Court may make the orders it considers necessary having regard to the provisions of this Act.
On an appeal by a person against a decision of the Minister to refuse to grant a licence to possess a radioactive substance under the repealed Act, the Supreme Court may order that the chief executive issue a possession licence to the person under this Act.
(sec.226-ssec.1) Subsection (2) applies if— a person has appealed to the Supreme Court under the repealed Act before the commencement against a decision of the Minister; and the appeal has not been decided before the commencement.
(sec.226-ssec.2) The Supreme Court may hear, or continue to hear, and decide the appeal under the repealed Act as if it had not been repealed.
(sec.226-ssec.3) Subsection (4) applies if— immediately before the commencement a person could have appealed to the Supreme Court under the repealed Act against a decision of the Minister; and the person has not appealed before the commencement.
(sec.226-ssec.4) The person may appeal, and the Supreme Court may hear and decide the appeal, under the repealed Act as if this Act had not commenced.
(sec.226-ssec.5) For giving effect to its decision under subsection (2) or (4), the Supreme Court may make the orders it considers necessary having regard to the provisions of this Act. On an appeal by a person against a decision of the Minister to refuse to grant a licence to possess a radioactive substance under the repealed Act, the Supreme Court may order that the chief executive issue a possession licence to the person under this Act.
- (a) a person has appealed to the Supreme Court under the repealed Act before the commencement against a decision of the Minister; and
- (b) the appeal has not been decided before the commencement.
- (a) immediately before the commencement a person could have appealed to the Supreme Court under the repealed Act against a decision of the Minister; and
- (b) the person has not appealed before the commencement.