§ 35 — Appeals to General Division of High Court

35.—(1) The following persons may appeal to the General Division of the High Court against a Declaration:(a)

the owner or operator of the declared online location;

(b)

any person with editorial control over the online location.[40/2019]

(2) No appeal may be made to the General Division of the High Court by any person unless the person has first applied to the Minister to vary or cancel the Declaration under section 32(9), and the Minister refused the application whether in whole or in part.[40/2019]

(3) An appeal may only be made to the General Division of the High Court within such period as may be prescribed by Rules of Court.[40/2019]

(4) The General Division of the High Court must hear and determine any such appeal and may either confirm the Declaration or set it aside.[40/2019]

(5) The General Division of the High Court may only set aside a Declaration on the ground that, at the time of making the Declaration, the condition specified in section 32(1)(a) or (b) was not satisfied.[40/2019]

(6) A Declaration that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the General Division of the High Court or the appellate court on appeal from the General Division of the High Court, or if it expires or is cancelled under section 32(8).[40/2019]

(7) There is such further right of appeal from a decision of the General Division of the High Court under this section as exists in the case of a decision made by the General Division of the High Court in the exercise of its original civil jurisdiction.[40/2019]

(8) Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made.

—(1) The following persons may appeal to the General Division of the High Court against a Declaration:(a)

the owner or operator of the declared online location;

(b)

any person with editorial control over the online location.[40/2019]

(2) No appeal may be made to the General Division of the High Court by any person unless the person has first applied to the Minister to vary or cancel the Declaration under section 32(9), and the Minister refused the application whether in whole or in part.[40/2019]

(3) An appeal may only be made to the General Division of the High Court within such period as may be prescribed by Rules of Court.[40/2019]

(4) The General Division of the High Court must hear and determine any such appeal and may either confirm the Declaration or set it aside.[40/2019]

(5) The General Division of the High Court may only set aside a Declaration on the ground that, at the time of making the Declaration, the condition specified in section 32(1)(a) or (b) was not satisfied.[40/2019]

(6) A Declaration that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the General Division of the High Court or the appellate court on appeal from the General Division of the High Court, or if it expires or is cancelled under section 32(8).[40/2019]

(7) There is such further right of appeal from a decision of the General Division of the High Court under this section as exists in the case of a decision made by the General Division of the High Court in the exercise of its original civil jurisdiction.[40/2019]

(8) Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made.