§ 35B — Appeal to Minister against decision, etc., under Parts 3, 3A, 3B, 3C and 3D, etc.

35B.—(1) This section applies to appeals to the Minister against any decision, order or written direction of the Commissioner under Part 3, 3A, 3B, 3C or 3D set out in subsection (2), or any code of practice or standard of performance issued, approved or amended by the Commissioner.(2) A person who is aggrieved by —(a)

the decision of the Commissioner to issue a notice under —(i)

section 7(1) or (1A) designating the provider‑owned critical information infrastructure as such;

(ii)

section 16A(1) designating the designated provider responsible for third-party-owned critical information infrastructure as such;

(iii)

section 17(1) designating the system of temporary cybersecurity concern as such;

(iv)

section 18(1) designating the entity of special cybersecurity interest as such; or

(v)

section 18G(1) designating the major foundational digital infrastructure service provider as such;

(b)

the decision of the Commissioner to issue a notice under —(i)

section 9A(1) extending the designation of the provider-owned critical information infrastructure as such;

(ii)

section 16D(1) extending the designation of the designated provider responsible for third‑party‑owned critical information infrastructure as such;

(iii)

section 17C(1) extending the designation of the system of temporary cybersecurity concern as such;

(iv)

section 18C(1) extending the designation of the entity of special cybersecurity interest as such; or

(v)

section 18J(1) extending the designation of the major foundational digital infrastructure service provider as such;

(c)

an order of the Commissioner under section 16B(5), 16E(2), 16F(2) or (3), 16H(2), 16I(2) or 16J(2);

(d)

a written direction of the Commissioner under section 12(1), 16(2), 16G(1), 16L(2), 17E(1), 18E(1) or 18L(1); or

(e)

any provision in any code of practice or standard of performance issued or approved by the Commissioner that applies to the person, or any amendment made to it,

may appeal to the Minister against the decision, order, direction, provision or amendment in the manner prescribed.

(3) An appeal under subsection (2) must be made within 30 days after the date of the notice, order or direction, or the issue, approval or amendment (as the case may be) of the code of practice or standard of performance (as the case may be) or such longer period as the Minister allows in a particular case (whether allowed before or after the end of the 30 days).

(4) Any person who makes an appeal to the Minister under subsection (2) must, within the period specified in subsection (3) —(a)

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

(b)

submit to the Minister all relevant facts, evidence and arguments for the appeal.

(5) Where an appeal has been made to the Minister under subsection (2), 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.

(6) The Minister may dismiss an appeal of an appellant who fails to comply with subsection (4) or (5).

(7) Unless otherwise provided by this Act or allowed by the Minister, where an appeal is lodged under this section, the decision, order, direction or other thing appealed against must be complied with until the determination of the appeal.

(8) The Minister may determine an appeal under this section —(a)

by confirming, varying or reversing a decision, notice, order, direction, provision of a code of practice or standard of performance, or an amendment to such code or standard; or

(b)

by directing the Commissioner to reconsider the Commissioner’s decision, notice, order, direction or provision of a code of practice or standard of performance, as the case may be.

(9) Before determining an appeal under subsection (8), 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.

(10) The decision of the Minister in any appeal is final.

(11) 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.[Act 19 of 2024 wef 31/10/2025]

—(1) This section applies to appeals to the Minister against any decision, order or written direction of the Commissioner under Part 3, 3A, 3B, 3C or 3D set out in subsection (2), or any code of practice or standard of performance issued, approved or amended by the Commissioner.

(2) A person who is aggrieved by —(a)

the decision of the Commissioner to issue a notice under —(i)

section 7(1) or (1A) designating the provider‑owned critical information infrastructure as such;

(ii)

section 16A(1) designating the designated provider responsible for third-party-owned critical information infrastructure as such;

(iii)

section 17(1) designating the system of temporary cybersecurity concern as such;

(iv)

section 18(1) designating the entity of special cybersecurity interest as such; or

(v)

section 18G(1) designating the major foundational digital infrastructure service provider as such;

(b)

the decision of the Commissioner to issue a notice under —(i)

section 9A(1) extending the designation of the provider-owned critical information infrastructure as such;

(ii)

section 16D(1) extending the designation of the designated provider responsible for third‑party‑owned critical information infrastructure as such;

(iii)

section 17C(1) extending the designation of the system of temporary cybersecurity concern as such;

(iv)

section 18C(1) extending the designation of the entity of special cybersecurity interest as such; or

(v)

section 18J(1) extending the designation of the major foundational digital infrastructure service provider as such;

(c)

an order of the Commissioner under section 16B(5), 16E(2), 16F(2) or (3), 16H(2), 16I(2) or 16J(2);

(d)

a written direction of the Commissioner under section 12(1), 16(2), 16G(1), 16L(2), 17E(1), 18E(1) or 18L(1); or

(e)

any provision in any code of practice or standard of performance issued or approved by the Commissioner that applies to the person, or any amendment made to it,

may appeal to the Minister against the decision, order, direction, provision or amendment in the manner prescribed.

(3) An appeal under subsection (2) must be made within 30 days after the date of the notice, order or direction, or the issue, approval or amendment (as the case may be) of the code of practice or standard of performance (as the case may be) or such longer period as the Minister allows in a particular case (whether allowed before or after the end of the 30 days).

(4) Any person who makes an appeal to the Minister under subsection (2) must, within the period specified in subsection (3) —(a)

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

(b)

submit to the Minister all relevant facts, evidence and arguments for the appeal.

(5) Where an appeal has been made to the Minister under subsection (2), 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.

(6) The Minister may dismiss an appeal of an appellant who fails to comply with subsection (4) or (5).

(7) Unless otherwise provided by this Act or allowed by the Minister, where an appeal is lodged under this section, the decision, order, direction or other thing appealed against must be complied with until the determination of the appeal.

(8) The Minister may determine an appeal under this section —(a)

by confirming, varying or reversing a decision, notice, order, direction, provision of a code of practice or standard of performance, or an amendment to such code or standard; or

(b)

by directing the Commissioner to reconsider the Commissioner’s decision, notice, order, direction or provision of a code of practice or standard of performance, as the case may be.

(9) Before determining an appeal under subsection (8), 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.

(10) The decision of the Minister in any appeal is final.

(11) 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.[Act 19 of 2024 wef 31/10/2025]