Control of Exports Act 2023

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Rules concerning conduct of appeals before adjudicator

42. (1) The Minister, having consulted with the Minister for Justice, the Minister for Foreign Affairs, the Minister for Defence and any other Minister of the Government as he or she considers appropriate, may prescribe rules in relation to the conduct of appeals falling under this Chapter to be determined by an adjudicator.

(2) Without prejudice to the generality of subsection (1), rules prescribed under this section may include rules relating to the following:

(a) requirements to give notice of an appeal;

(b) the identities, number of, or conduct of, parties to an appeal;

(c) requirements for notification of an appeal by a party to an adjudicator;

(d) the place at, time at and manner in which adjudicators may sit, including whether and how adjudicators shall sit individually or as a panel;

(e) information or documentation to be supplied to an adjudicator by parties to an appeal, and the manner in which it is to be so supplied;

(f) an adjudicator’s power to require submission by a person of information or documentation that is necessary for the determination of an appeal;

(g) dismissal of an appeal which in the opinion of the adjudicator is frivolous or vexatious or without substance or foundation;

(h) advising the appellant of his or her rights in an appeal, including the right—

(i) to be present at the appeal,

(ii) to present a case in person at an appeal, or

(iii) to present a case through a legal representative at the appellant’s own expense;

(i) procedures applicable to the hearing of an appeal;

(j) the calling and examination of witnesses in an appeal;

(k) time limits applicable to the conduct of appeals;

(l) the manner in which submissions are made to the adjudicator by parties to an appeal or other persons;

(m) procedures for the consolidation and hearing of two or more than two appeals together;

(n) procedures for delayed or abandoned appeals;

(o) procedures for the separation of appeals;

(p) procedures for imposing restrictions in relation to disclosure, publication or reporting, during or after the hearing of an appeal, of a matter that the adjudicator considers—

(i) to relate to the security or public order of the State, or

(ii) to be commercially sensitive;

(q) recording of, or prohibiting the recording of, proceedings before an adjudicator;

(r) without prejudice to section 44 (3), requiring certain evidence in proceedings before an adjudicator to be given on oath or affirmation and, for that purpose, providing for an adjudicator to administer an oath or affirmation.

(3) The Minister shall provide, or arrange for the provision of, such support of an administrative nature as the Minister considers necessary to enable the performance of an adjudicator’s functions.