AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 54I

Review of decision

(1)  The primary industries Minister must, within 30 days after receiving an application under section 54H in relation to a decision of the Board, review the decision and make a determination in relation to the decision.
(2)  The primary industries Minister may, in a determination under subsection (1) in relation to a decision of the Board –
(a) confirm the decision; or
(b) declare that the decision was not in accordance with the requirements of this Act.
(3)  If the primary industries Minister makes a determination in accordance with subsection (2)(b) in relation to a decision, the primary industries Minister must, in the determination, require the Board to make, in accordance with –
(a) the provisions of this Act; and
(b) any directions, as to compliance with those provisions, that are specified in the determination –
a further decision in substitution for the decision to which the determination relates.
(4)  The primary industries Minister must, by notice served on the applicant and the Board, notify the applicant of the determination and the reasons for the determination.
(5)  If the primary industries Minister makes a determination under subsection (2)(b) in relation to a decision (the first decision ), the Board must, in accordance with –
(a) the provisions of this Act; and
(b) any directions, as to compliance with those provisions, that are specified in the determination –
make another decision (a further decision ) in substitution for the first decision.
(6)  The first decision of the Board ceases to have effect when the Board makes a further decision in relation to the matter in accordance with subsection (5) .


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