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STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 58
Appeal against refusal to cancel enforcement order
58 Appeal against refusal to cancel enforcement order
(1) If, within 14 days after the date of the notice of the decision under
section 57 (6) and, after considering an application to cancel an enforcement
order, the registrar refuses to cancel the order, the applicant may apply in
writing to a Magistrates Court in the Magistrates Court district in which the
offence is alleged to have been committed to have the original application
decided by the court.
(2) The application must be filed with the relevant
court registrar.
(3) The court registrar must, as soon as practicable, refer
the matter to the court and notify the applicant and the registrar of when and
where the application is to be decided.
(4) The court may make any decision
about the application that the registrar could have made.
(5) The court may
decide the application in the absence of the applicant if the court is
satisfied the applicant is avoiding service of the notice or can not, after
reasonable search and inquiry, be found.
(6) Also, the court may decide the
application if it is satisfied that no party to the application will be
prejudiced by the non-service of, or any error or omission in, the notice of
the decision under section 57 (6) .
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