Control of Exports Act 2023
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Internal review | ||
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38. (1) A person who has been given notice of a relevant decision may, not later than 14 days from the date of the giving of the notice, request in writing (in this section referred to as a “review request”) a review of the relevant decision. | ||
(2) The review request shall state the reasons why the person making the request wishes the relevant decision to be reviewed. | ||
(3) The Minister shall, subject to subsection (4), upon receipt of the review request, appoint a reviewer to review the relevant decision. | ||
(4) The reviewer shall not be the decision maker who made the relevant decision being reviewed and shall be of a grade senior to the grade of the decision maker. | ||
(5) The reviewer shall, as soon as practicable after being appointed, review the relevant decision, taking into account only the reasons stated in the review request and, as he or she thinks fit may decide to— | ||
(a) affirm the relevant decision, or | ||
(b) vary the relevant decision. | ||
(6) The reviewer shall not later than 21 days from the date of making his or her decision under subsection (5) give notice to the person who made the review request of the decision and, subject to subsection (7), shall provide the reasons for it. | ||
(7) Where the reviewer believes that providing reasons for his or her decision under subsection (5) would create a risk to the security or public order of the State, he or she— | ||
(a) may decide not to provide the person who made the review request with such reasons to the extent necessary in order to avoid or minimise such risk, and | ||
(b) shall include in the notice under subsection (6) a statement to the effect that he or she is declining to give reasons under this subsection for the decision. | ||
(8) A notice under subsection (6) shall inform the person who made the review request that he or she may, under section 43 , appeal the decision of the reviewer. | ||
(9) A person may not bring an appeal under section 43 in relation to a decision under this section unless— | ||
(a) the person made a review request of the relevant decision to which the decision under subsection (5) relates, | ||
(b) the person has not withdrawn the review request referred to in paragraph (a), and | ||
(c) the reviewer has given notice of his or her decision under subsection (6). |