§ 224 — Right of appeal to Minister

224.—(1) A person specified in column 3 in the table below opposite an appealable decision in column 2 in the table may appeal to the Minister against the decision:Item

Column 2

Appealable decision

Column 3

Appellant

1.

A trigger notice given under section 23.

The entity to whom the trigger notice is given.

2.

A refusal under section 293(1)(b) read with section 78 to grant an import licence or export licence unless the applicant is disqualified under section 298 to hold that licence.

The applicant for the import licence or export licence.

3.

A refusal under section 293(1)(b) read with section 79 to grant an import consignment permit, an export consignment permit or a transhipment consignment permit.

The applicant for the import consignment permit, export consignment permit or transhipment consignment permit.

4.

A decision under section 80 imposing a condition on an import licence, an export licence or a consignment permit.

The holder of the import licence, export licence or consignment permit.

5.

A decision under section 82 modifying a condition of an import licence or an export licence.

The holder of the import licence or export licence.

6.

A decision under section 83 to take regulatory action against a licensed importer or licensed exporter.

The holder or former holder (as the case may be) of the import licence or export licence.

7.

A decision under section 84 to cancel an import consignment permit, an export consignment permit or a transhipment consignment permit.

The licensed importer or licensed exporter who held the import consignment permit, export consignment permit or transhipment consignment permit cancelled.

8.

A refusal under section 293(1)(b) read with section 92 to grant a food business licence unless the applicant is disqualified under section 298 to hold that licence.

The applicant for the food business licence.

9.

A decision under section 93 imposing a condition on a food business licence.

The holder of the food business licence.

10.

A decision under section 95 modifying a condition of a food business licence.

The holder of the food business licence.

11.

A decision under section 96 to take regulatory action against a food business licensee.

The holder or former holder (as the case may be) of the food business licence who is the subject of the decision.

12.

A refusal to grant pre‑market approval under section 293.

The applicant for the pre‑market approval.

13.

A decision under section 112 to cancel a pre‑market approval.

The former holder of the pre‑market approval cancelled.

14.

A refusal to consent under section 113(1) to a transfer or assignment of a pre‑market approval, or any rights, benefits or privileges under the pre‑market approval.

The prospective transferee and the holder of the pre‑market approval, jointly.

15.

A section 116 direction except an initial direction mentioned in section 116(5).

A person mentioned in section 116(1) to whom the section 116 direction is given.

16.

A Part 7 direction except an initial Part 7 direction mentioned in section 122(4).

A person mentioned in section 119 to whom the Part 7 direction is given.

17.

A refusal under section 293(1)(b) read with section 192 to grant an animal feed production licence unless the applicant is disqualified under section 298 to hold that licence.

The applicant for the animal feed production licence.

18.

A decision under section 193 imposing a condition on an animal feed production licence.

The animal feed production licensee.

19.

A decision under section 195 modifying a condition of an animal feed production licence.

The animal feed production licensee.

20.

A decision under section 196 to take regulatory action against an animal feed production licensee.

The animal feed production licensee or former animal feed production licensee (as the case may be) who is the subject of the decision.

21.

A decision refusing to register a plant pesticide product under section 205(2).

The applicant for registration.

22.

A decision under section 209 to cancel or suspend the registration of a plant pesticide product.

The registrant or former registrant (as the case may be) who is the subject of the decision.

23.

A refusal under section 293(1)(b) read with section 211 to appoint an individual as a certified pesticide operator.

The applicant to be appointed a certified pesticide operator.

24.

A decision under section 213 to take regulatory action against a certified pesticide operator.

The certified pesticide operator or former certified pesticide operator (as the case may be) who is the subject of the decision.

25.

The disqualification period specified in a written order under section 298(2).

The person against whom the written order is made.

26.

A written order made under section 298(2)(a)(ii) or (b).

The person against whom the written order is made.

(2) Any person entitled under subsection (1) to appeal to the Minister against an appealable decision by the Agency, the Director‑General or the Director‑General, Food Security is called an appellant in this Part.

—(1) A person specified in column 3 in the table below opposite an appealable decision in column 2 in the table may appeal to the Minister against the decision:Item

Column 2

Appealable decision

Column 3

Appellant

1.

A trigger notice given under section 23.

The entity to whom the trigger notice is given.

2.

A refusal under section 293(1)(b) read with section 78 to grant an import licence or export licence unless the applicant is disqualified under section 298 to hold that licence.

The applicant for the import licence or export licence.

3.

A refusal under section 293(1)(b) read with section 79 to grant an import consignment permit, an export consignment permit or a transhipment consignment permit.

The applicant for the import consignment permit, export consignment permit or transhipment consignment permit.

4.

A decision under section 80 imposing a condition on an import licence, an export licence or a consignment permit.

The holder of the import licence, export licence or consignment permit.

5.

A decision under section 82 modifying a condition of an import licence or an export licence.

The holder of the import licence or export licence.

6.

A decision under section 83 to take regulatory action against a licensed importer or licensed exporter.

The holder or former holder (as the case may be) of the import licence or export licence.

7.

A decision under section 84 to cancel an import consignment permit, an export consignment permit or a transhipment consignment permit.

The licensed importer or licensed exporter who held the import consignment permit, export consignment permit or transhipment consignment permit cancelled.

8.

A refusal under section 293(1)(b) read with section 92 to grant a food business licence unless the applicant is disqualified under section 298 to hold that licence.

The applicant for the food business licence.

9.

A decision under section 93 imposing a condition on a food business licence.

The holder of the food business licence.

10.

A decision under section 95 modifying a condition of a food business licence.

The holder of the food business licence.

11.

A decision under section 96 to take regulatory action against a food business licensee.

The holder or former holder (as the case may be) of the food business licence who is the subject of the decision.

12.

A refusal to grant pre‑market approval under section 293.

The applicant for the pre‑market approval.

13.

A decision under section 112 to cancel a pre‑market approval.

The former holder of the pre‑market approval cancelled.

14.

A refusal to consent under section 113(1) to a transfer or assignment of a pre‑market approval, or any rights, benefits or privileges under the pre‑market approval.

The prospective transferee and the holder of the pre‑market approval, jointly.

15.

A section 116 direction except an initial direction mentioned in section 116(5).

A person mentioned in section 116(1) to whom the section 116 direction is given.

16.

A Part 7 direction except an initial Part 7 direction mentioned in section 122(4).

A person mentioned in section 119 to whom the Part 7 direction is given.

17.

A refusal under section 293(1)(b) read with section 192 to grant an animal feed production licence unless the applicant is disqualified under section 298 to hold that licence.

The applicant for the animal feed production licence.

18.

A decision under section 193 imposing a condition on an animal feed production licence.

The animal feed production licensee.

19.

A decision under section 195 modifying a condition of an animal feed production licence.

The animal feed production licensee.

20.

A decision under section 196 to take regulatory action against an animal feed production licensee.

The animal feed production licensee or former animal feed production licensee (as the case may be) who is the subject of the decision.

21.

A decision refusing to register a plant pesticide product under section 205(2).

The applicant for registration.

22.

A decision under section 209 to cancel or suspend the registration of a plant pesticide product.

The registrant or former registrant (as the case may be) who is the subject of the decision.

23.

A refusal under section 293(1)(b) read with section 211 to appoint an individual as a certified pesticide operator.

The applicant to be appointed a certified pesticide operator.

24.

A decision under section 213 to take regulatory action against a certified pesticide operator.

The certified pesticide operator or former certified pesticide operator (as the case may be) who is the subject of the decision.

25.

The disqualification period specified in a written order under section 298(2).

The person against whom the written order is made.

26.

A written order made under section 298(2)(a)(ii) or (b).

The person against whom the written order is made.

(2) Any person entitled under subsection (1) to appeal to the Minister against an appealable decision by the Agency, the Director‑General or the Director‑General, Food Security is called an appellant in this Part.