Tobacco and Other Smoking Products Act 1998
sec.228Effect of court’s decision on appeal
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sec.228 Effect of court’s decision on appeal
If the court substitutes another decision for the forfeiture decision— the substituted decision is taken to be a decision of the chief executive; and the chief executive may give effect to the substituted decision as if— the substituted decision were the forfeiture decision made by the chief executive; and no application for appeal of the forfeiture decision had been made. If the court sets aside the forfeiture decision and returns the matter to the chief executive with directions, any decision made by the chief executive in accordance with the directions may not be appealed against under this division. s 228 ins 2023 No. 16 s 59 (sec.228-ssec.1) If the court substitutes another decision for the forfeiture decision— the substituted decision is taken to be a decision of the chief executive; and the chief executive may give effect to the substituted decision as if— the substituted decision were the forfeiture decision made by the chief executive; and no application for appeal of the forfeiture decision had been made. (sec.228-ssec.2) If the court sets aside the forfeiture decision and returns the matter to the chief executive with directions, any decision made by the chief executive in accordance with the directions may not be appealed against under this division.
- (a) the substituted decision is taken to be a decision of the chief executive; and
- (b) the chief executive may give effect to the substituted decision as if— (i) the substituted decision were the forfeiture decision made by the chief executive; and (ii) no application for appeal of the forfeiture decision had been made.
- (i) the substituted decision were the forfeiture decision made by the chief executive; and
- (ii) no application for appeal of the forfeiture decision had been made.
- (i) the substituted decision were the forfeiture decision made by the chief executive; and
- (ii) no application for appeal of the forfeiture decision had been made.