Digital Infrastructure Bill · cl 45

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—(1) A person who is aggrieved by —(a)an initial appealable decision affirmed on reconsideration under section 44; or (b)a substitute appealable decision made on reconsideration under section 44,may appeal to the Minister against the decision in accordance with this section.(2) An appeal must be made by lodging with the Minister a written notice of appeal within 30 days after the date the decision appealed against is given to the appellant, or such longer period as the Minister allows in a particular case (whether allowed before or after the end of the 30 days).(3) A notice of appeal must —(a)state as concisely as possible the circumstances under which the appeal arises, and the issues and grounds for the appeal; and(b)contain all relevant facts, evidence and arguments for the appeal.(4) Where an appeal has been made to the Minister under subsection (1), 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 appealed against,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 must provide the information in such manner and within such period as may be specified by the Minister.(5) The Minister may dismiss an appeal of an appellant who fails to comply with subsection (3) or (4).(6) An appeal against an appealable decision does not affect the operation of that decision or prevent the taking of action to implement that decision, and unless otherwise provided by Part 3 or 4 or allowed by the Minister, the decision 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 the appealable decision; or(b)by directing the Authority to reconsider the appealable decision.(8) Before determining an appeal, the Minister may consult any 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 the advice of the Panel.(9) The decision of the Minister in any appeal is final.(10) The Minister may make regulations in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.
A person who is aggrieved by —(a)an initial appealable decision affirmed on reconsideration under section 44; or (b)a substitute appealable decision made on reconsideration under section 44,may appeal to the Minister against the decision in accordance with this section.
An appeal must be made by lodging with the Minister a written notice of appeal within 30 days after the date the decision appealed against is given to the appellant, or such longer period as the Minister allows in a particular case (whether allowed before or after the end of the 30 days).
A notice of appeal must —(a)state as concisely as possible the circumstances under which the appeal arises, and the issues and grounds for the appeal; and(b)contain all relevant facts, evidence and arguments for the appeal.
Where an appeal has been made to the Minister under subsection (1), 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 appealed against,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 must provide the information in such manner and within such period as may be specified by the Minister.
The Minister may dismiss an appeal of an appellant who fails to comply with subsection (3) or (4).
An appeal against an appealable decision does not affect the operation of that decision or prevent the taking of action to implement that decision, and unless otherwise provided by Part 3 or 4 or allowed by the Minister, the decision must be complied with until the determination of the appeal.
The Minister may determine an appeal under this section —(a)by confirming, varying or reversing the appealable decision; or(b)by directing the Authority to reconsider the appealable decision.
Before determining an appeal, the Minister may consult any 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 the advice of the Panel.
The decision of the Minister in any appeal is final.
The Minister may make regulations in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.

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cl 45Appeal to Minister

(1)

A person who is aggrieved by —

(a)

an initial appealable decision affirmed on reconsideration under section 44; or (b)a substitute appealable decision made on reconsideration under section 44,may appeal to the Minister against the decision in accordance with this section.

(2)

An appeal must be made by lodging with the Minister a written notice of appeal within 30 days after the date the decision appealed against is given to the appellant, or such longer period as the Minister allows in a particular case (whether allowed before or after the end of the 30 days).

(3)

A notice of appeal must —

(a)

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

(b)

contain all relevant facts, evidence and arguments for the appeal.

(4)

Where an appeal has been made to the Minister under subsection (1), 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 appealed against,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 must provide the information in such manner and within such period as may be specified by the Minister.

(5)

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

(6)

An appeal against an appealable decision does not affect the operation of that decision or prevent the taking of action to implement that decision, and unless otherwise provided by Part 3 or 4 or allowed by the Minister, the decision 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 the appealable decision; or

(b)

by directing the Authority to reconsider the appealable decision.

(8)

Before determining an appeal, the Minister may consult any 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 the advice of the Panel.

(9)

The decision of the Minister in any appeal is final.

(10)

The Minister may make regulations in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.