QLDIn ForceAct
State Transport (People Movers) Act 1989
sec.24Appeal against chief executive’s decision
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### sec.24 Appeal against chief executive’s decision
The holder or lessee of a licence aggrieved by the chief executive’s decision to cancel or suspend the licence may appeal to the Minister against the decision within 30 days after the day on which the chief executive’s order is made.
Where an appeal is instituted under subsection (1) the Minister may refer the matter of the appeal to another person or other persons for hearing and determination and if the Minister does so a reference in subsections (2) and (3) to the Minister shall, for the purposes of the appeal, be construed as a reference to that other person or, as the case may be, those other persons.
The hearing by the Minister of an appeal shall be a rehearing on the evidence before the chief executive and on his or her determination of an appeal the Minister may—
confirm the chief executive’s decision; or
overrule the chief executive’s decision and revoke the chief executive’s order of cancellation or suspension of the licence; or
order the suspension of the licence for a period specified by the Minister in lieu of cancellation of the licence.
The decision or order of the Minister on an appeal shall be deemed to be the chief executive’s decision or order in the proceedings to show cause except that the decision or order of the Minister shall not be appealable.
s 24 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1
(sec.24-ssec.1) The holder or lessee of a licence aggrieved by the chief executive’s decision to cancel or suspend the licence may appeal to the Minister against the decision within 30 days after the day on which the chief executive’s order is made.
(sec.24-ssec.1A) Where an appeal is instituted under subsection (1) the Minister may refer the matter of the appeal to another person or other persons for hearing and determination and if the Minister does so a reference in subsections (2) and (3) to the Minister shall, for the purposes of the appeal, be construed as a reference to that other person or, as the case may be, those other persons.
(sec.24-ssec.2) The hearing by the Minister of an appeal shall be a rehearing on the evidence before the chief executive and on his or her determination of an appeal the Minister may— confirm the chief executive’s decision; or overrule the chief executive’s decision and revoke the chief executive’s order of cancellation or suspension of the licence; or order the suspension of the licence for a period specified by the Minister in lieu of cancellation of the licence.
(sec.24-ssec.3) The decision or order of the Minister on an appeal shall be deemed to be the chief executive’s decision or order in the proceedings to show cause except that the decision or order of the Minister shall not be appealable.
- (a) confirm the chief executive’s decision; or
- (b) overrule the chief executive’s decision and revoke the chief executive’s order of cancellation or suspension of the licence; or
- (c) order the suspension of the licence for a period specified by the Minister in lieu of cancellation of the licence.