s 40J Appeal against decisions made under sections 40E, 40F, 40G and 40U
40J.—(1) Any person that is aggrieved by a decision of the Director‑General (called in this section a relevant decision) —(a) to refuse to register the person as a registered supplier, or to refuse to register any regulated goods, under section 40E(5); (b) to refuse to renew the registration of any regulated goods under section 40F(4); (c) to impose or modify any condition on the person’s registration as a registered supplier, or the registration of any regulated goods, under section 40E(6) or the renewal of the registration of any regulated goods under section 40F(5); (d) to revoke the registration of any registered supplier under section 40G(2) or the registration of any regulated goods under section 40G(3); or (e) to give a direction to the person under section 40G(5) or 40U, may, within 14 days after the person receives the relevant decision, apply to the Director‑General (by giving a written notice for reconsideration that states precisely the grounds of the person’s objections to the relevant decision) to reconsider the relevant decision. (2) After considering the written notice for reconsideration, the Director‑General may —(a) confirm the relevant decision; (b) rescind the relevant decision; or (c) substitute or vary the relevant decision, and make any decision which the Director‑General is competent to make under section 40E(5) or (6), 40F(4) or (5) or 40G(2) or (3), or give any direction which the Director‑General is competent to give under section 40G(5) or 40U, as the case may be, (called in this section the reconsidered decision). (3) The Director-General’s reconsidered decision must be given in writing to the person that requested the reconsideration. (4) If the person remains aggrieved by the reconsidered decision, the person may, within 14 days after the person receives the reconsidered decision, appeal in writing to the Minister. (5) After considering the appeal, the Minister may —(a) confirm the reconsidered decision; (b) rescind the reconsidered decision; or (c) substitute or vary the reconsidered decision, and make any decision which the Director‑General is competent to make under section 40E(5) or (6), 40F(4) or (5) or 40G(2) or (3), or give any direction which the Director‑General is competent to give under section 40G(5) or 40U, as the case may be. (6) The Minister’s decision on the appeal is final. (7) The Minister’s decision on the appeal must be given to the appellant in writing. (8) A relevant decision takes effect despite any request for a reconsideration of the relevant decision, unless the Director‑General otherwise directs, and a reconsidered decision takes effect despite an appeal against the reconsidered decision under subsection (4), unless the Minister otherwise directs. (9) A person that, without reasonable excuse, fails to comply with a direction given to the person by the Minister under subsection (5)(c) shall be guilty of an offence and shall be liable on conviction to —(a) in the case where the direction is a direction which the Director‑General is competent to give under section 40G(5) — a fine not exceeding $2,000; and (b) in the case where the direction is a direction which the Director‑General is competent to give under section 40U — a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.[Act 24 of 2021 wef 01/10/2022]