§ 92 — Right of appeal against authorisation for Part 3 directions, etc.

92.—(1) Subject to subsection (2) and section 98(1), the following persons in the table below may, on payment of such fee as may be prescribed, appeal to a Reviewing Tribunal in accordance with this Part against the appealable decision specified opposite the person in the table below:Item

Appellant

Appealable decision

1.

A person who is given a Part 3 direction

An authorisation by the Minister made under section 23(3)(b) or affirmed under section 23(3)(c) to the competent authority to give that Part 3 direction.

2.

A proprietor of a proscribed online location

A declaration by the Minister made under section 26(3)(b) or affirmed under section 26(3)(c) in relation to that online location.

(2) No appeal may be made under this Part to a Reviewing Tribunal by —(a)

any person given a Part 3 direction pursuant to an authorisation by the Minister under section 20(1), 21(1) or 22(1)(b) unless the person has first applied under section 23(1) to the Minister to reconsider the authorisation; or

(b)

any proprietor of a proscribed online location declared under section 24(1) or 25(1)(b) unless the person has first applied under section 26(1) to the Minister to reconsider the declaration.

—(1) Subject to subsection (2) and section 98(1), the following persons in the table below may, on payment of such fee as may be prescribed, appeal to a Reviewing Tribunal in accordance with this Part against the appealable decision specified opposite the person in the table below:Item

Appellant

Appealable decision

1.

A person who is given a Part 3 direction

An authorisation by the Minister made under section 23(3)(b) or affirmed under section 23(3)(c) to the competent authority to give that Part 3 direction.

2.

A proprietor of a proscribed online location

A declaration by the Minister made under section 26(3)(b) or affirmed under section 26(3)(c) in relation to that online location.

(2) No appeal may be made under this Part to a Reviewing Tribunal by —(a)

any person given a Part 3 direction pursuant to an authorisation by the Minister under section 20(1), 21(1) or 22(1)(b) unless the person has first applied under section 23(1) to the Minister to reconsider the authorisation; or

(b)

any proprietor of a proscribed online location declared under section 24(1) or 25(1)(b) unless the person has first applied under section 26(1) to the Minister to reconsider the declaration.