Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021
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Appeals | ||
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13. (1) An applicant, venue operator or event organiser— | ||
(a) whose application for designation was refused by the Minister under section 7 (5)(b) or 9 (6)(b), | ||
(b) whose designation was revoked by the Minister under section 8 (1) or 10 (1), or | ||
(c) whose venue has been designated by the Minister under section 7 (6) or 9 (7), | ||
may appeal such refusal, revocation or designation, as the case may be, to the District Court not later than 28 days from the date of the service of the notification under section 8 (2), 10 (2), 12 (2), 7 (7) or 9 (8), as the case may be. | ||
(2) Where an applicant, venue operator or event organiser makes an appeal under subsection (1), he or she shall at the same time notify the Minister in writing of the making of the appeal. | ||
(3) An appeal under subsection (1) in relation to the designation of a venue under section 7 shall be to a judge of the District Court for the time being assigned to the district court district within which the venue, in respect of which the application under section 7 (1) or the designation under section 7 (6) is made, is located. | ||
(4) An appeal under subsection (1) in relation to the designation of an event under section 9 shall be to a judge of the District Court for the time being assigned to the district court district within which the event, in respect of which the application under section 9 (1) or the designation under section 9 (7) is made, is being held. | ||
(5) On the hearing of an appeal under subsection (1), in relation to an application for the designation of a venue under section 7 , the judge of the District Court may make an order— | ||
(a) confirming the refusal of the application for designation by the Minister under section 7 (5)(b) on the grounds that the requirements of subsection (1) of that section have not been satisfied, | ||
(b) allowing the appeal against the refusal of the application for designation by the Minister under section 7 (5)(b) and directing the Minister to designate the venue, the subject of the appeal, on the grounds that the requirements of subsection (1) of that section have been satisfied, | ||
(c) confirming the revocation of the designation by the Minister under section 8 (1) on the grounds that the requirements of subsection (1) of that section have been satisfied, | ||
(d) allowing the appeal against the revocation of designation under section 8 (1) and directing the Minister to reinstate the designation of the venue, the subject of the appeal, on the grounds that the requirements of section 7 (1) are still met, or | ||
(e) allowing the appeal and revoking the designation made by the Minister under section 7 (6) on the grounds that the requirements of subsection (6) of that section have not been satisfied. | ||
(6) On the hearing of an appeal under subsection (1) in relation to an application for the designation of an event under section 9, the judge of the District Court may make an order— | ||
(a) confirming the refusal of the application for designation by the Minister under section 9 (6)(b) on the grounds that the requirements of subsection (1) of that section have not been satisfied, | ||
(b) allowing the appeal against the refusal for designation by the Minister under section 9 (6)(b) and directing the Minister to designate the event, the subject of the appeal, on the grounds that the requirements of subsection (1) of that section have been satisfied, | ||
(c) confirming the revocation of the designation by the Minister under section 10 (1) on the grounds that the requirements of subsection (1) of that section have been satisfied, | ||
(d) allowing the appeal against the revocation of designation under section 10 (1) and directing the Minister to reinstate the designation of the event, the subject of the appeal, on the grounds that the requirements of section 9 (1) are still met, or | ||
(e) allowing the appeal and revoking the designation made by the Minister under section 9 (7) on the grounds that the requirements of subsection (7) of that section have not been satisfied. | ||
(7) The decision of the District Court under this section on a question of fact shall be final. |