Control of Exports Act 2023

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Chapter 3

Review of relevant decisions

Procedure for appeal of decision under section 38

43. (1) A relevant person who wishes to engage in a relevant activity in relation to which a decision under section 38 (5) has been made (in this section referred to as an “appellant”) may appeal the decision in accordance with this section.

(2) An appellant shall give notice of his or her appeal to the Minister, in such form as the Minister may specify, where the appellant is appealing a decision referred to in subsection (1), not later than 30 days from the date of receipt by the appellant of a notice under section 38 (6).

(3) The Minister shall, as soon as practicable after receiving a notice under subsection (2)—

(a) designate an adjudicator or adjudicators from amongst the panel referred to in section 39 to hear the appeal, and

(b) give notice to the appellant of the adjudicator or adjudicators so designated.

(4) An appellant shall—

(a) submit his or her appeal to the adjudicator not later than 14 days from the date on which the notice under subsection (3) is given,

(b) in submitting his or her appeal, state all of the grounds upon which the appeal is made and provide to the adjudicator all of the documents and evidence upon which the applicant intends to rely to support those grounds, and

(c) subject to this Act, and to any rules prescribed under section 42 , submit the appeal in such manner or subject to such conditions as the adjudicator may direct.

(5) The Minister shall—

(a) be the respondent to an appeal, and

(b) subject to section 46 , when responding to an appeal, state all of the grounds upon which the appeal is responded to and provide to the adjudicator all of the documents and evidence upon which the Minister intends to rely to support those grounds.

(6) An adjudicator may, in accordance with such rules as may be made under section 42 , dismiss an appeal where he or she determines that it is frivolous, vexatious or without substance or foundation.

(7) Subject to subsection (8), a party to an appeal shall not be entitled, during the course of an appeal, to make submissions to the adjudicator other than submissions related to the grounds stated, or documents and evidence provided under, subsection (4) or (5), as the case may be.

(8) The adjudicator may, where he or she considers it necessary or expedient for the fair and proper determination of an appeal, require or permit a party to an appeal to—

(a) make submissions to the adjudicator other than submissions related to the grounds stated or documents and evidence provided under subsection (4) or (5), as the case may be, or

(b) provide documents or evidence to the adjudicator other than documents or evidence provided under subsection (4) or (5), as the case may be.

(9) The adjudicator may refuse to consider a submission, document or evidence where the adjudicator considers that—

(a) the submission, document or evidence is not relevant to the appeal, or

(b) it is appropriate to do so in order to avoid undue repetition of submissions.

(10) Bringing an appeal under this section does not suspend or otherwise alter the effect of a decision under section 38 to which the appeal relates pending the decision of the adjudicator.