Page:Foreign Interference (Countermeasures) Act 2021.pdf/148

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148
NO. 28 OF 2021


Reviewing Tribunal must not consider or determine any appeal against—

(a) an authorisation by the Minister made under section 23(3)(b) or affirmed under section 23(3)(c) to the competent authority to give a Part 3 direction, if the appeal is made more than 30 days after the notice of that decision is given under section 23(6); or
(b) a declaration made under section 26(3)(b) or affirmed under section 26(3)(c) in relation to a proscribed online location, if the appeal is made more than 30 days after the notice of that decision is given under section 26(5).

(2) A Reviewing Tribunal may at any stage in the appeal proceedings, and without calling for a defence from the Minister whose authorisation or declaration is appealed against, dismiss an appeal made to or before it if the Reviewing Tribunal is satisfied that—

(a) the appellant is not a person entitled to appeal under that section;
(b) the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious, which may include taking into account whether the appellant has habitually and persistently, and without any reasonable ground, made vexatious appeals to the Reviewing Tribunal; or
(c) the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of Rules made under section 99 for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Reviewing Tribunal under those Rules.

(3) Subject to Rules made under section 99, every Reviewing Tribunal is entitled to determine its own procedure in relation to any appeal under section 92 made to or before the Reviewing Tribunal.