(e) revoke a personal watercraft endorsement— the applicant or holder may, in accordance with the regulations and subject to subsection (2), appeal against that decision to the Magistrates' Court. (2) On an appeal under subsection (1) the court must— (a) re-determine the matter; and (b) hear any relevant evidence tendered by the S. 125(2)(b) amended by appellant or the Director; and No. 77/2001 s. 31(1)(b). S. 125(2)(c) (c) without limiting its discretion, take into amended by consideration anything that the Director No. 77/2001 ought to have considered. s. 31(1)(b). S. 125(2A) (2A) Nothing in subsection (2) prevents the application inserted by of Part 3.10 of the Evidence Act 2008 to an No. 69/2009 s. 54(Sch. Pt 1 appeal under subsection (1). item 36.2). (3) If the court is satisfied that the decision of the S. 125(3) amended by Director— No. 77/2001 s. 31(1)(b). (a) results from a disqualification of the appellant in another State or Territory of the Commonwealth; or (b) was required by the regulations— the court must confirm the decision of the Director.
(e) revoke a personal watercraft endorsement— the applicant or holder may, in accordance with the regulations and subject to subsection (2), appeal against that decision to the Magistrates' Court. (2) On an appeal under subsection (1) the court must— (a) re-determine the matter; and S. 125(2)(b) amended by No. 77/2001 s. 31(1)(b). (b) hear any relevant evidence tendered by the appellant or the Director; and S. 125(2)(c) amended by No. 77/2001 s. 31(1)(b). (c) without limiting its discretion, take into consideration anything that the Director ought to have considered. S. 125(2A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 36.2). (2A) Nothing in subsection (2) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under subsection (1). S. 125(3) amended by No. 77/2001 s. 31(1)(b). (3) If the court is satisfied that the decision of the Director— (a) results from a disqualification of the appellant in another State or Territory of the Commonwealth; or (b) was required by the regulations— the court must confirm the decision of the Director.
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