Tobacco and Other Smoking Products Act 1998
sec.227Powers of court on appeal
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sec.227 Powers of court on appeal
When deciding the appeal against a forfeiture decision, the court— has the same powers as the chief executive in making the forfeiture decision; and is not bound by the rules of evidence; and must comply with natural justice. An appeal is by way of rehearing. The court may— confirm the forfeiture decision; or substitute another decision for the forfeiture decision; or set aside the forfeiture decision and return the matter to the chief executive with directions the court considers appropriate. s 227 ins 2023 No. 16 s 59 (sec.227-ssec.1) When deciding the appeal against a forfeiture decision, the court— has the same powers as the chief executive in making the forfeiture decision; and is not bound by the rules of evidence; and must comply with natural justice. (sec.227-ssec.2) An appeal is by way of rehearing. (sec.227-ssec.3) The court may— confirm the forfeiture decision; or substitute another decision for the forfeiture decision; or set aside the forfeiture decision and return the matter to the chief executive with directions the court considers appropriate.
- (a) has the same powers as the chief executive in making the forfeiture decision; and
- (b) is not bound by the rules of evidence; and
- (c) must comply with natural justice.
- (a) confirm the forfeiture decision; or
- (b) substitute another decision for the forfeiture decision; or
- (c) set aside the forfeiture decision and return the matter to the chief executive with directions the court considers appropriate.