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Appeals to District Court.
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13.—(1) Whenever an application for a collection permit is refused by a Chief Superintendent, the applicant for the permit may appeal to the District Court against the refusal and if, on the hearing of the appeal, the Court is satisfied, having regard to all the circumstances of the case, that the application should not have been refused, the Court may direct the Chief Superintendent to grant to the applicant a collection permit in accordance with the application, and the Court may further direct the Chief Superintendent to attach to the permit such (if any) conditions authorised by this Act as shall appear to the Court to be desirable in the public interest.
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(2) Whenever a Chief Superintendent attaches a condition to a collection permit granted by him, the person to whom the permit is granted may appeal to the District Court against the attachment of that condition to the permit and the Court, if it thinks proper so to do, may amend the collection permit by modifying or deleting the condition or by substituting therefor such condition authorised by this Act as shall appear to the Court to be desirable in the public interest.
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(3) Whenever a Chief Superintendent revokes a collection permit, the holder of the permit at the time of the revocation may appeal to the District Court against the revocation and if the Court is satisfied, having regard to all the circumstances of the case, that there was not reasonable ground for the opinion of the Chief Superintendent on which the revocation was based, the Court may annul the revocation.
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(4) Without prejudice to the jurisdiction of the District Court to disallow on other grounds an appeal under this section, an appeal under this section shall be disallowed, if, on the hearing thereof, a member of the Garda Síochána not below the rank of Inspector states on oath that he has reasonable grounds for believing that the proceeds or any portion of the proceeds of the collection to which the collection permit the subject of such appeal relates would be used—
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(a) for the benefit of an object which is unlawful or contrary to public morality or for the benefit of an organisation membership of which is unlawful, or
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(b) in such a manner as to encourage either directly or indirectly the commission of an unlawful act.
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(5) An appeal under this section shall be heard and disposed of by a justice of the District Court having jurisdiction in any part of the locality in which the collection to which the collection permit the subject of the appeal relates is proposed to be held.
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(6) Notwithstanding anything contained in the Courts of Justice Acts, 1924 to 1961, the decision of the District Court on an appeal under this section shall be final and unappealable.
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(7) A person appealing to the District Court under this section shall, not less than seven days before the date of the hearing of the appeal, give notice thereof to the Chief Superintendent.
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