Page:Online Criminal Harms Act 2023.pdf/20

20 Division 2—Reconsideration Part 2 direction—application for reconsideration

16.—(1) An appellant may apply for reconsideration by a designated officer of a Part 2 direction.

(2) An application under subsection (1) must be made—
 * (a) in a prescribed manner; and
 * (b) not later than 30 days after being given the Part 2 direction.

(3) An application for reconsideration does not affect the operation of the Part 2 direction concerned.

Part 2 direction—reconsideration

17.—(1) A designated officer must, within a reasonable time after receipt of any application to reconsider a Part 2 direction under section 16—
 * (a) affirm the Part 2 direction;
 * (b) cancel the Part 2 direction; or
 * (c) substitute the Part 2 direction with another Part 2 direction.

(2) The designated officer must give notice of the decision under subsection (1) to the appellant and the recipient of the Part 2 direction (if that person is not the appellant). Division 3—Appeal to Reviewing Tribunal Appeal by appellant

18.—(1) An appellant who receives notice under section 17(2) of the decision to affirm or substitute the Part 2 direction concerned may, on payment of such fee as may be prescribed, appeal against the Part 2 direction to a Reviewing Tribunal in accordance with Part 8.

(2) An appeal under subsection (1) does not affect the operation of the Part 2 direction appealed against.