Page:Copyright Act 2021.pdf/305

306 (4) This section does not require IPOS to reconsider a decision made after reconsideration.

Appeal

467.—(1) This section applies where IPOS, after reconsideration under section 466—
 * (a) confirms or varies a financial penalty imposed on a person;
 * (b) confirms or varies a cessation order made against a person; or
 * (c) confirms or varies a regulatory direction given to a person to turn over the conduct of the CMO’s business to a person appointed by IPOS.

(2) The person may appeal to the Minister within the prescribed time and in the prescribed manner.

(3) In an appeal—
 * (a) the Minister may confirm, vary or set aside the decision appealed against;
 * (b) for the purposes of deciding the appeal, the Minister may require the appellant or any other person (whether or not the person is a party to the appeal) to provide the Minister with any information that is relevant to the appeal, and to do so within the time and the manner specified by the Minister; and
 * (c) unless the Minister otherwise orders, the person must pay the financial penalty or comply with the cessation order or regulatory direction (as the case may be) pending the appeal.

Interpretation: who is an intending user of a tariff scheme

468. In this Division, an “intending user”, in relation to a tariff scheme—