§ 226 — Decision on appeal

226.—(1) It is the function and duty of the Minister to consider and determine an appeal made to the Minister under section 224.(2) However, the Minister is not under any duty to hear, consider or determine any appeal if it appears that the bringing of the appeal is, or the proceedings of the appeal are, frivolous or vexatious.

(3) Subject to subsection (4), the Minister may determine an appeal made under section 224 by —(a)

dismissing the appeal and confirming the decision appealed against;

(b)

allowing the appeal and referring the matter back to the maker of the appealable decision to reconsider the case; or

(c)

allowing the appeal and substituting or varying the decision appealed against.

(4) Subsection (3)(c) does not apply where the decision appealed against is a Part 7 direction or a section 116 direction.

(5) In relation to the Minister determining an appeal under this Part —(a)

Part 2 applies as if any reference in that Part to the Director‑General, Food Security were a reference to the Minister;

(b)

the following apply as if any reference in the respective Part to the Agency or the Director‑General were a reference to the Minister:(i)

Parts 3 and 4;

(ii)

Parts 5 and 6;

(iii)

Part 11;

(iv)

section 298; or

(c)

Part 7 applies as if any reference in that Part to the Director‑General were a reference to the Minister.

(6) The Minister’s decision under subsection (3) is final.

(7) Every appellant must be notified of the Minister’s decision under subsection (3).

—(1) It is the function and duty of the Minister to consider and determine an appeal made to the Minister under section 224.

(2) However, the Minister is not under any duty to hear, consider or determine any appeal if it appears that the bringing of the appeal is, or the proceedings of the appeal are, frivolous or vexatious.

(3) Subject to subsection (4), the Minister may determine an appeal made under section 224 by —(a)

dismissing the appeal and confirming the decision appealed against;

(b)

allowing the appeal and referring the matter back to the maker of the appealable decision to reconsider the case; or

(c)

allowing the appeal and substituting or varying the decision appealed against.

(4) Subsection (3)(c) does not apply where the decision appealed against is a Part 7 direction or a section 116 direction.

(5) In relation to the Minister determining an appeal under this Part —(a)

Part 2 applies as if any reference in that Part to the Director‑General, Food Security were a reference to the Minister;

(b)

the following apply as if any reference in the respective Part to the Agency or the Director‑General were a reference to the Minister:(i)

Parts 3 and 4;

(ii)

Parts 5 and 6;

(iii)

Part 11;

(iv)

section 298; or

(c)

Part 7 applies as if any reference in that Part to the Director‑General were a reference to the Minister.

(6) The Minister’s decision under subsection (3) is final.

(7) Every appellant must be notified of the Minister’s decision under subsection (3).