Clause 54

Any licensee aggrieved by any of the following matters may appeal to the Minister:

any condition imposed by the Authority under section 15(1)(f) or (g) or (2);

any addition, deletion or modification of the terms or conditions of its licence under section 16;

any code of practice as issued, approved or modified by the Authority under section 17;

any direction given by the Authority under section 18 or 18A;

any decision made by the Authority under section 19(1)(i), (j) or (k);

any confirmed provisional order under section 19A;

the refusal of the Authority to renew its licence.(2) Any person who is aggrieved by any of the following decisions of the Authority may appeal to the Minister against the decision:

any decision to designate an entity under section 21E;

any refusal to grant an approval required under section 21G, 21H or 21I;

any decision to impose, add to or vary any condition under section 21G, 21H or 21I;

any decision to issue a direction under section 21M, 21O or 21P or to vary a direction under section 21Q(2).(3) An appeal under this section must be in writing and specify the grounds on which it is made, and be made within the prescribed period after the date of receipt of the notice relating to the matter or decision to which the appeal relates.(4) The Minister may reject an appeal of an appellant who fails to comply with subsection (3).(5) After consideration of an appeal, the Minister may —

reject the appeal and confirm the Authority’s decision; or

allow the appeal and substitute or vary the Authority’s decision including, in the case of an appeal by a licensee under subsection (1), by amending any licence condition, code of practice or direction affecting the licensee.(6) The Minister’s decision on an appeal is final.(7) Every appellant must be notified of the Minister’s decision under subsection (5).Effect of pending appeal to Minister29.—

Except as provided in subsection (2) or section 16(5) or unless the Minister otherwise directs —

an appeal under section 28 against the Authority’s decision does not affect the operation of any licence term or condition, code of practice, direction, decision or confirmed provisional order being appealed against or prevent the taking of action to implement the licence term or condition, code of practice, direction, decision or confirmed provisional order; and

the licence term or condition, code of practice, direction, decision or confirmed provisional order appealed against must be complied with by the appellant until the determination of the appeal.(2) If any appeal under section 28(1) is made in relation to a notice under section 19(1)(k) requiring the payment of a financial penalty and the financial penalty would have been payable before the time when the appeal is determined, it need not be paid until that time.Designation of others to hear appeals