Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

Appeal against adjudication

106. (1) A person the subject of an adjudication may appeal to the Court against that adjudication not later than 28 days after the date of service of the notice under section 93 (2).

(2) On application, the Court may extend the period within which an appeal may be brought under subsection (1), where it is satisfied—

(a) that there is exceptional, good and sufficient reason for doing so,

(b) that the circumstances that resulted in the failure to bring an appeal within the period provided for in subsection (1) were outside the control of the applicant for the extension, and

(c) where an application for confirmation has been brought under section 109 , that the Court has neither heard nor determined such application.

(3) Where an application for confirmation has been brought pursuant to section 109 in relation to an adjudication the subject of an appeal under this section, the Court may, upon application or of its own motion, stay the proceedings under section 109 .

(4) Where the Court confirms an adjudication that imposes an administrative sanction, or substitutes its own decision for the adjudication of an adjudicator and, as part of such adjudication, imposes an administrative sanction, the Court may set a time limit for the payment of any financial penalty, compensation or refund required to be paid.