§ 48N — Reconsideration of directions or decisions

48N.—(1) An organisation or a person (including any individual who is a complainant) aggrieved by —(a)

any direction made by the Commission under section 48G(2), 48I(1) or (2) or 48L(4); or

(b)

any direction or decision made under section 48H(2),

may make a written application to the Commission to reconsider the direction or decision in accordance with this section.

[40/2020]

(2) An organisation or a person aggrieved by a financial penalty imposed by the Commission under section 48J(1) on the organisation or person may make a written application to the Commission to reconsider the decision to impose the financial penalty or the amount of the financial penalty so imposed in accordance with this section.[40/2020]

(3) Unless the Commission decides otherwise in any particular case, an application for reconsideration does not suspend the effect of the direction or decision to be reconsidered except in the case of an application for reconsideration under subsection (2).[40/2020]

(4) The application for reconsideration —(a)

subject to subsection (5), must be submitted to the Commission within the prescribed period;

(b)

must be made in the form and manner required by the Commission; and

(c)

must set out the grounds on which the applicant is requesting the reconsideration.[40/2020]

(5) The Commission may, on written application by the organisation or person concerned (whether before, on or after the expiry of the prescribed period mentioned in subsection (4)(a)), extend the time for the organisation or person to make the application for reconsideration if the Commission is satisfied that the extension should be granted by reason of exceptional circumstances in the particular case.[40/2020]

(6) If an application for reconsideration is made in accordance with this section, the Commission must —(a)

reconsider the direction or decision;

(b)

take any of the following actions as the Commission thinks fit:(i)

affirm, revoke or vary the direction or decision;

(ii)

affirm or revoke, or vary the amount of, the financial penalty; and

(c)

notify the applicant in writing of the result of the reconsideration.[40/2020]

(7) There is to be no application for reconsideration of a decision made under subsection (6)(b).[40/2020]

—(1) An organisation or a person (including any individual who is a complainant) aggrieved by —(a)

any direction made by the Commission under section 48G(2), 48I(1) or (2) or 48L(4); or

(b)

any direction or decision made under section 48H(2),

may make a written application to the Commission to reconsider the direction or decision in accordance with this section.

[40/2020]

(2) An organisation or a person aggrieved by a financial penalty imposed by the Commission under section 48J(1) on the organisation or person may make a written application to the Commission to reconsider the decision to impose the financial penalty or the amount of the financial penalty so imposed in accordance with this section.[40/2020]

(3) Unless the Commission decides otherwise in any particular case, an application for reconsideration does not suspend the effect of the direction or decision to be reconsidered except in the case of an application for reconsideration under subsection (2).[40/2020]

(4) The application for reconsideration —(a)

subject to subsection (5), must be submitted to the Commission within the prescribed period;

(b)

must be made in the form and manner required by the Commission; and

(c)

must set out the grounds on which the applicant is requesting the reconsideration.[40/2020]

(5) The Commission may, on written application by the organisation or person concerned (whether before, on or after the expiry of the prescribed period mentioned in subsection (4)(a)), extend the time for the organisation or person to make the application for reconsideration if the Commission is satisfied that the extension should be granted by reason of exceptional circumstances in the particular case.[40/2020]

(6) If an application for reconsideration is made in accordance with this section, the Commission must —(a)

reconsider the direction or decision;

(b)

take any of the following actions as the Commission thinks fit:(i)

affirm, revoke or vary the direction or decision;

(ii)

affirm or revoke, or vary the amount of, the financial penalty; and

(c)

notify the applicant in writing of the result of the reconsideration.[40/2020]

(7) There is to be no application for reconsideration of a decision made under subsection (6)(b).[40/2020]