Queensland Consolidated Acts Queensland Consolidated Acts(2) A person who is dissatisfied with an original decision to seize a thing under this Act may appeal to a Magistrates Court against the decision.
(3) The appeal may be instituted at any time.
(4) However, a person who wishes to appeal against a decision of which written notice of the decision and the reasons for the decision have been given to the person must institute the appeal within 30 days of receiving the notice.
(5) The Magistrates Court exercising jurisdiction at or nearest the place of the activity to which the decision relates has jurisdiction to hear the appeal.
(6) Subsection (5) does not limit the jurisdiction of another Magistrates Court to hear the appeal.
(7) An appeal under this section is started by—
(a) filing with the clerk of the court written notice of the appeal; and
(b) serving a copy of the notice on the chief executive.
(8) The notice of appeal must specify fully the grounds of appeal and the facts relied on.
(9) An appeal is to be by way of rehearing.
(10) The magistrate hearing the appeal may give directions in relation to the hearing of the appeal.
(11) For the purposes of the appeal, the Magistrates Court has all the powers and functions of the person whose decision is the subject of appeal.
(12) If, on appeal, the Magistrates Court reverses or varies the decision, the Magistrates Court's decision is taken, for the purposes of this Act, to be that of the person whose decision was the subject of the appeal.