Appeals to Minister
62.—(1) The following persons may appeal to the Minister:(a)
the responsible person of a special development may appeal against the Commissioner’s rejection of a security plan under section 36(2)(d), or an amended security plan under section 37(4)(c), for the special development, within 14 days after the rejection;
(b)
the responsible person of a special infrastructure may appeal against the Commissioner’s rejection of a security plan under section 43(2)(d), or an amended security plan under section 44(4)(c), for the special infrastructure, within 14 days after the rejection;
(c)
any person who is issued a security directive by the Commissioner under Part 5 may appeal within 14 days after the issue of the security directive.
(2) The appeal must be in writing and state the grounds on which it is made.
(3) The Minister may reject the appeal if the appellant does not comply with subsection (2).
(4) Unless otherwise directed by the Minister in any particular case, the Commissioner’s decision being appealed against does not take effect until the earlier of the following events:(a)
the Minister determines the appeal;
(b)
the appellant withdraws the appeal.
(5) After considering the appeal, the Minister may —(a)
confirm the Commissioner’s decision; or
(b)
substitute or vary the Commissioner’s decision.
(6) The Minister’s decision on the appeal is final.
(7) A reference to the Commissioner’s decision in this section is a reference to —(a)
a rejection of a security plan or an amended security plan mentioned in subsection (1)(a) or (b); or
(b)
a security directive mentioned in subsection (1)(c).
Appeal Advisory Board
63.—(1) The Minister may, before deciding an appeal under section 62, refer the appeal (called in this section the referred appeal) to an Appeal Advisory Board established under this section.
(2) The Appeal Advisory Board must submit to the Minister a written report on the referred appeal, and may include its recommendations in the report.
(3) The Minister must, before deciding the referred appeal, consider the report submitted under subsection (2), but is not bound by the recommendations in the report.
(4) The Appeal Advisory Board is to consist of a Chairperson, a Vice‑Chairperson and such other members as the Minister may determine.
(5) The Chairperson, Vice‑Chairperson and members of the Appeal Advisory Board —(a)
are to be appointed by the Minister for the period that the Minister may determine and may be re‑appointed;
(b)
may, at any time, be removed from office by the Minister; or
(c)
may, at any time, resign from office, by written notice to the Minister.
(6) At any meeting of the Appeal Advisory Board, 3 members constitute a quorum.
(7) Subject to this Act, the Appeal Advisory Board may determine its own procedures.
Minister may designate others to hear appeals
64.—(1) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal under section 62:(a)
the Second Minister (if any) for his or her Ministry;
(b)
any Minister of State, including a Senior Minister of State, for his or her Ministry;
(c)
any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his or her Ministry.
(2) A reference to the Minister in sections 62 and 63(1), (2) and (3) includes a reference to a person designated under subsection (1).
