Page:Foreign Interference (Countermeasures) Act 2021.pdf/147

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FOREIGN INTERFERENCE (COUNTERMEASURES)
147


(2) The Minister must appoint a Secretary to the Reviewing Tribunals and such other public officers as are necessary for a Reviewing Tribunal to discharge its functions under this Act.

Reviewing Tribunal—function

97.—(1) It is the function and duty of every Reviewing Tribunal to consider and determine any appeal made under section 92 and served on the Secretary to the Reviewing Tribunals—

(a) by a person who is given a Part 3 direction and who may appeal against the authorisation by the Minister made under section 23(3)(b) or affirmed under section 23(3)(c) to the competent authority to give the direction; or
(b) by a proprietor of a proscribed online location and who may appeal against the Minister’s declaration made under section 26(3)(b) or affirmed under section 26(3)(c) in relation to that online location.

(2) However, a Reviewing Tribunal may summarily dismiss any appeal which it determines to be frivolous or vexatious.

(3) A Reviewing Tribunal may determine an appeal made to the Reviewing Tribunal by—

(a) dismissing the appeal and confirming the decision appealed against; or
(b) revoking the decision appealed against.

(4) Every Reviewing Tribunal has to carry out its work expeditiously.

(5) In relation to a Reviewing Tribunal determining an appeal under this Part, Part 3 applies as if the reference in that Part to the Minister were a reference to the Reviewing Tribunal.

(6) A Reviewing Tribunal’s decision under subsection (3) is final.

Procedure before Reviewing Tribunal

98.—(1) Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the