(2) An appeal under subsection (1) must be made by lodging with the Minister a written notice of appeal within 30 days after the date of service of the Agency’s decision appealed against.
(3) The notice of appeal must provide adequate details of the grounds for the appeal.
(4) For the purpose of determining an appeal, the Minister may require any person to provide to the Minister such information within the person’s knowledge, and any document in the person’s possession or under the person’s control, as the Minister considers relevant to the appeal.
(5) Where the Minister considers that an appeal under subsection (1) involves issues of such nature or complexity that it ought to be considered and determined by persons with particular technical or other specialised knowledge, the Minister may establish an Appeal Panel to consider and determine the appeal.
Effect of appeal, etc.
35. An appeal under section 34 does not suspend the effect of the decision appealed against unless otherwise provided in this Act, or allowed by the Minister subject to such conditions as the Minister may impose (including any condition for the provision of security).
Disposal of appeal
36.—(1) Upon receipt of a notice of appeal under section 34, the Minister may dismiss the appeal if the Minister considers it to be trivial, frivolous or vexatious.
(2) Upon considering an appeal, the Minister or an Appeal Panel, as the case may be, may determine the appeal by—
- (a) confirming, varying or reversing any decision of the Agency on appeal; or
- (b) directing the Agency to reconsider the decision of the Agency on appeal.
(3) Unless section 37 applies, the determination of the Minister or an Appeal Panel under this Part is final.
