Page:Cybersecurity Act 2018.pdf/27

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28
NO. 9 OF 2018


direction or other thing appealed against must be complied with until the determination of the appeal.

(7) The Minister may determine an appeal under this section—

(a) by confirming, varying or reversing a decision, notice, direction, provision of a code of practice or standard of performance, or an amendment to such code or standard; or
(b) by directing the Commissioner to reconsider the Commissioner’s decision, notice, direction, or provision of a code of practice or standard of performance, as the case may be.

(8) Before determining an appeal under subsection (7), the Minister may consult any Appeals Advisory Panel established for the purpose of advising the Minister in respect of the appeal but, in making such determination, is not bound by the advice of the Panel.

(9) The decision of the Minister in any appeal is final.

(10) The Minister may make regulations in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.

Appeals Advisory Panel

18.—(1) Where the Minister considers that an appeal lodged under section 17(1) involves issues the resolution or understanding of which require particular technical skills or specialised knowledge, the Minister may establish an Appeals Advisory Panel to provide advice to the Minister in respect of the appeal.

(2) For the purposes of establishing an Appeals Advisory Panel, the Minister may do all or any of the following:

(a) determine, and from time to time vary, the terms of reference of the Appeals Advisory Panel;
(b) appoint persons possessing particular technical skills or specialised knowledge to be the chairperson and other members of an Appeals Advisory Panel;
(c) at any time remove the chairperson or other member of an Appeals Advisory Panel from such office;