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In forceAmended2020 Revised Edition

Part 7 · Appeal Against Registrar’S Determination Under Section 39

45. Procedure before Reviewing Tribunal

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Amended

Last amended by an amending law of 2022.

(1)

Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the Reviewing Tribunal must not consider or determine any appeal against the Registrar’s determination under section 39(1), if the appeal is made more than 30 days after the date of the notice of that determination given under section 39(2).

(2)

A Reviewing Tribunal may at any stage in the appeal proceedings, and without calling for a defence from the Registrar whose determination is appealed against, dismiss an appeal made to or before it if the Reviewing Tribunal is satisfied that —

(a)

the appellant is not an individual entitled to appeal under section 40;

(b)

the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious; or

(c)

the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of the rules made under section 49 for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Reviewing Tribunal under those rules.

(3)

Subject to the rules made under section 49, every Reviewing Tribunal is entitled to determine its own procedure in relation to any appeal under section 40 made to or before the Reviewing Tribunal.

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