Singapore legislation

Section 54

of Human Biomedical Research Act 2015

Section 54

Appeal to Minister

(1)

Any person who is aggrieved by —

(a)

any decision of the Director in the exercise of any discretion vested in the Director by or under this Act other than section 43; or

(b)

any order made or direction given by the Director under this Act other than section 43,may, within 14 days after being notified of the decision, order or direction, as the case may be, (or such longer period as the Minister may allow), appeal to the Minister in the prescribed manner.

(2)

Any person who is aggrieved by any prohibition order made by the Director under section 43 may, within 90 days after the date on which the order was published in the Gazette (or such longer period as the Minister may allow), appeal to the Minister in the prescribed manner.

(3)

Any person who makes an appeal to the Minister under subsection (1) or (2) must, within the period specified in subsection (1) or (2) —

(a)

state as concisely as possible the circumstances under which the appeal arises, the issues and grounds for the appeal; and

(b)

submit to the Minister all relevant facts, evidence and arguments for or against the appeal, as the case may be.

(4)

Where an appeal has been made to the Minister under subsection (1) or (2), the Minister may require —

(a)

any party to the appeal; and

(b)

any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the matters mentioned in subsection (1) or (2),to provide the Minister with all such information as the Minister may require (whether for the purpose of deciding if an Appeals Advisory Panel should be established or for determining the appeal), and any person so required to provide such information must provide it in such manner and within such period as may be specified by the Minister.

(5)

The Minister may reject any appeal of an appellant who fails to comply with subsection (3) or (4).

(6)

Unless otherwise provided by this Act or the Minister, where an appeal is lodged under this section, the decision, order, direction or other thing appealed against must be complied with until the determination of the appeal.

(7)

The Minister may determine an appeal under this section —

(a)

by confirming, varying or reversing any decision, order or direction of the Director; or

(b)

by directing the Director to reconsider the Director’s decision, order or direction, as the case may be.

(8)

Before determining an appeal under subsection (7) and for the purpose of forming an opinion on which to base such determination, the Minister may consult such Appeals Advisory Panel established for the purpose of advising the Minister in respect of the appeal but, in making such determination, is not bound by such consultation.

(9)

The decision of the Minister in any appeal is final.

(10)

Every appellant must be notified of the Minister’s decision under subsection (7).

Section 54 — Human Biomedical Research Act 2015 | laws.sg