Victorian Numbered Acts

FOOD AMENDMENT (REGULATION REFORM) ACT 2009 (NO. 42 OF 2009) - SECT 12

        After section 19B of the Food Act 1984 insert —

        " 19BA     Appeals against orders

    (1)     Any person who is aggrieved by an order made under this Part may, within 21 days after the order is made, appeal to the Magistrates' Court.

    (2)     On an appeal under subsection (1), the court must—

        (a)     reconsider the decision of the person who made the order; and

        (b)     hear any relevant evidence tendered by—

              (i)     the person aggrieved; or

              (ii)     the person who made the order.

    (3)     If notice of an order has been published under section 19(4)(a)(ii) and the order is varied or revoked by the court, the person who made the order must give notice of the variation or revocation of the order to the general public in the same manner as the original notice.

    (4)     The costs of, and incidental to, an appeal under subsection (1) are in the discretion of the Magistrates' Court.".