Clause 64 — Online Safety (Relief and Accountability) Bill

(1)

For the purpose of hearing any appeal made under section 63(1) or (2), the Chairperson of the Appeal Panel is to constitute, under section 60(4), an Appeal Committee to determine the appeal, unless the Chairperson of the Appeal Panel determines that the appeal —

(a)

is not made in accordance with any requirement in section 63(3);

(b)

is trivial, frivolous or vexatious; or

(c)

is not made in good faith.

(2)

Subject to subsection (4), an Appeal Committee determining an appeal made under section 63(1) may —

(a)

remit the matter under appeal to the Commissioner;

(b)

affirm, revoke or vary —

(i)

any decision not to give a Part 5 direction which is the subject of the appeal; or

(ii)

any Part 5 direction which is the subject of the appeal;

(c)

substitute a Part 5 direction which is the subject of the appeal, with a Part 5 direction of a different type which is more appropriate;

(d)

affirm or revoke any order against non‑compliance which is the subject of the appeal; or

(e)

take any other step that the Commissioner could have taken relating to the subject of the appeal.

(3)

An Appeal Committee determining an appeal made under section 63(2) may —

(a)

affirm, revoke or vary the Part 5 direction; or

(b)

substitute a Part 5 direction which is the subject of the appeal, with a Part 5 direction of a different type which is more appropriate.

(4)

An Appeal Committee must not give or vary any order following non‑compliance.

(5)

After determining an appeal under subsection (2) or (3), the Appeal Committee must —

(a)

document in writing the reasons for the Appeal Committee’s decision in respect of the appeal; and

(b)

inform the Commissioner and the appellant of its decision in respect of the appeal.

(6)

In determining an appeal under subsection (2), the Appeal Committee may —

(a)

take into account any information or event, whether arising before or after the date of the making of the reconsidered decision under section 59(1) being appealed against, whether or not the matter was included as part of the applicant’s reasons for appeal; and

(b)

consider any information, document, record or article provided or produced pursuant to a request by the Appeal Committee under section 65(1)(a) or obtained through any exercise of the Commissioner’s powers (whether pursuant to a request under section 65(1)(b) or otherwise).

(7)

In determining an appeal under subsection (3), the Appeal Committee may —

(a)

take into account any information or event, whether arising before or after the date of the giving, variation or substitution of the Part 5 direction under section 64(2) being appealed against, whether or not the matter was included as part of the applicant’s reasons for appeal; and

(b)

consider any information, document, record or article provided or produced pursuant to a request by the Appeal Committee under section 65(1)(a) or obtained through any exercise of the Commissioner’s powers (whether pursuant to a request under section 65(1)(b) or otherwise).

(8)

To avoid doubt, the revocation of a decision not to give a Part 5 direction under subsection (2)(b)(i) means that the Appeal Committee must give a Part 5 direction.

(9)

A decision or direction of an Appeal Committee on an appeal has the same effect, and may be enforced in the same manner, as the result of the Commissioner’s reconsidered decision made under section 59(1).

(10)

An Appeal Committee may immediately dismiss any appeal which the Appeal Committee determines —

(a)

is not made in accordance with any requirement in section 63(3);

(b)

is trivial, frivolous or vexatious; or

(c)

is not made in good faith.