Clause 14

An appeal may be filed in any of the following circumstances by the following persons to the Minister against a decision, direction or written order of the Authority under this Part, or thing contained in a code of practice or standard of performance (called in this section the Authority’s decision):

a regulated person, designated media licensee, or owner or controller of an essential resource, who is aggrieved by —

a direction or decision of the Authority in the exercise of discretion vested in it under this Part;

anything contained in a direction or written order issued under this Part; or

anything contained in a code of practice or standard of performance issued or approved under this Part;

any other person (not being a regulated person, designated media licensee, or owner or controller of an essential resource) who is aggrieved by —

a decision of the Authority under section 65(1), (2) or (3);

a direction or decision of the Authority under section 65A or 65B;

any decision of the Authority under section 64;

anything contained in a code of practice or standard of performance issued or approved under section 61 (insofar as it relates to matters that are necessary for the purposes of section 65, 65A or 65B or for the due administration of these provisions); or

anything contained in a code of practice mentioned in section 67(1).(2) Where there has been a reconsideration under section 67A in respect of the Authority’s decision, the appeal must be made only in respect of the reconsidered decision, direction, written order, code of practice or standard of performance.(3) An appeal under this section —

must be in writing;

must specify the grounds on which it is made and state as concisely as possible the circumstances under which the appeal arises, and the issues and grounds for the appeal;

must contain all relevant facts, evidence and arguments for the appeal; and

must be made within 14 days after the appellant is notified of the Authority’s decision or such longer period as the Minister may allow in the appellant’s case.(4) The Minister may require —

any party to the appeal; or

any person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the appeal,to provide the Minister with such information or document as the Minister may require for the purpose of considering and determining the appeal, and any person so required to provide the information or document must provide it in such manner and within such period as may be specified by the Minister.(5) The Minister may reject the appeal if the appellant does not comply with subsection (3) or (4).(6) The appeal does not affect the operation of the Authority’s decision or prevent the taking of any action to implement the Authority’s decision unless otherwise provided in this Part or directed by the Minister in any particular case.(7) The Minister may determine the appeal by confirming, varying or reversing the Authority’s decision, including by amending any code of practice or standard of performance, and the decision of the Minister is final.(8) Where an appeal is made under this section, the Authority’s decision must be complied with until the determination of the appeal.(9) The Minister may make regulations in respect of the manner in which an appeal may be made to the Minister under this section and the procedure to be adopted in hearing such appeals.”.