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Transport Operations (Road Use Management) Act 1995
sec.168Effect of failure to comply with ch 2
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### sec.168 Effect of failure to comply with ch 2
It is Parliament’s intention that chapter 2 be complied with.
However—
chapter 2 is directory only and does not create rights or impose legally enforceable obligations on the State, Minister, chief executive or anyone else; and
failure to comply with chapter 2 does not affect the validity of anything done or not done under this Act.
In addition, a decision made, or appearing to be made, under chapter 2 —
is final and conclusive; and
can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and
is not subject to a writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.
In this section—
decision includes—
conduct engaged in to make a decision; and
conduct related to making a decision; and
failure to make a decision.
s 168 (prev s 84) renum 1999 No. 42 s 54 (2) sch amdt 188
(sec.168-ssec.1) It is Parliament’s intention that chapter 2 be complied with.
(sec.168-ssec.2) However— chapter 2 is directory only and does not create rights or impose legally enforceable obligations on the State, Minister, chief executive or anyone else; and failure to comply with chapter 2 does not affect the validity of anything done or not done under this Act.
(sec.168-ssec.3) In addition, a decision made, or appearing to be made, under chapter 2 — is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to a writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.
(sec.168-ssec.4) In this section— decision includes— conduct engaged in to make a decision; and conduct related to making a decision; and failure to make a decision.
- (a) chapter 2 is directory only and does not create rights or impose legally enforceable obligations on the State, Minister, chief executive or anyone else; and
- (b) failure to comply with chapter 2 does not affect the validity of anything done or not done under this Act.
- (a) is final and conclusive; and
- (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and
- (c) is not subject to a writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.
- (a) conduct engaged in to make a decision; and
- (b) conduct related to making a decision; and
- (c) failure to make a decision.