s 42A Appeal to Minister
42A.—(1) Any person aggrieved by a decision mentioned in subsection (2) may appeal to the Minister within 14 days after notice of the decision is served on the person or such extended period as the Minister may allow in any particular case. (2) A decision for the purpose of subsection (1) is any of the following:(a) a decision by the Board under Part 3A —(i) refusing to grant or renew a licence under section 23(4)(b); (ii) modifying any condition of or imposing any new condition on a licence; (iii) altering under section 24(4) the description or classification of the person as a tourist guide in a manner that is to the person’s disadvantage; (iv) issuing a direction under section 26A(1) or 28(2), or varying such direction under section 26B(4) or (5) or 28(5E); (v) suspending or revoking the person’s licence under section 28(1); (vi) requiring the person to pay a financial penalty, including the amount of the financial penalty, under section 28(2); or (vii) debarring the person from applying for or for a renewal of a licence under section 28(2); (b) a decision by the Controller under Part 3AA —(i) refusing to grant or renew a cruise terminal licence under section 29B(3); (ii) refusing to amend a cruise terminal licence under section 29B(7); (iii) refusing to allow a transfer or assignment of benefit of a cruise terminal licence under section 29F; (iv) issuing a direction under section 29G(1) or 29K(1), or varying such direction under section 29G(13) or 29L(4) or (5); (v) requiring the person to pay a financial penalty, including the amount of the financial penalty, under section 29G(1); (vi) debarring the person from applying for or for a renewal of a cruise terminal licence under section 29G(1); (vii) suspending or revoking the person’s cruise terminal licence under section 29G(1); (viii) modifying any condition of or imposing any new condition on a cruise terminal licence, and the amount of any compensation to be provided, under section 29J; (ix) regarding the use of any security deposit under section 29N(2); (x) refusing to approve any charges for the provision of any cruise port services and facilities at a cruise terminal pursuant to regulations made under section 29O; (xi) requiring the person as a cruise terminal licensee to impose on and collect, or not to impose on and collect, any charge or security deposit or late interest under section 29P; or (xii) refusing to grant an approval under section 29R or 29S. (3) An appeal against a decision under subsection (1) does not affect the operation of the decision or prevent the taking of any action to implement the decision unless otherwise provided in this Act or directed by the Minister in any particular case. (4) Any person who makes an appeal to the Minister under subsection (1) must, within the period specified in that subsection —(a) state the circumstances under which the appeal arises and the issues and grounds for the appeal; and (b) submit all relevant facts, evidence and arguments in respect of the appeal. (5) Where an appeal has been made to the Minister under subsection (1) —(a) the Minister may require the appellant, the Board or the Controller (as the case may be) or any person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the circumstances under which the appeal arises, to provide the Minister with all or any such information or document as the Minister may require for the purpose of considering and determining the appeal; and (b) any person so required to provide the information or document must provide it in the manner and within the period specified by the Minister. (6) The Minister may reject an appeal of an appellant that fails to comply with subsection (4) or any requirement of the Minister under subsection (5). (7) The Minister may determine an appeal from any decision of the Board or Controller under subsection (2) by —(a) confirming, varying or reversing the decision; or (b) requiring the Board or Controller (as the case may be) to reconsider the decision, and the decision of the Minister is final. (8) Every appellant must be notified of the Minister’s decision under subsection (7). (9) The Minister may designate any of the following office-holders in his or her Ministry to hear and determine, in the Minister’s place, any appeal made under this section:(a) the Second Minister, if any; (b) any Minister of State; (c) any Parliamentary Secretary. (10) In this section (except subsection (9)), a reference to the Minister in relation to an appeal includes a reference to any officer-holder designated under subsection (9) to hear and determine the appeal.[Act 28 of 2022 wef 01/04/2023]