Page:Foreign Interference (Countermeasures) Act 2021.pdf/151

This page has been proofread, but needs to be validated.
FOREIGN INTERFERENCE (COUNTERMEASURES)
151


(3) The Minister may determine an appeal made to him or her by—

(a) dismissing the appeal and confirming the decision appealed against; or
(b) cancelling the designation of a person as a politically significant person, or revoking a directive under Part 5 or 6 (as the case may be) or otherwise revoking the decision appealed against.

(4) In relation to the Minister determining an appeal under section 93, Parts 4, 5 and 6 apply as if the reference in those Parts to the competent authority were a reference to the Minister.

(5) The Minister’s decision under subsection (3) is final.

Advisory body for section 93 appeals

102.—(1) The Minister may appoint an advisory committee comprising individuals with suitable experience to provide advice to the Minister with regard to the performance of any of his or her functions in relation to any appeal under section 93.

(2) Before making any decision under section 101 in relation to an appeal under section 93 and for the purpose of forming an opinion on which to base such decision, the Minister may consult with the advisory committee in respect of the appeal but, in making the decision, is not bound by such consultation.

Division 4—General

Effect of appeal on decision appealed against

103. An appealable decision mentioned in section 92 or 93 takes effect despite any appeal against the decision and remains in effect until the decision is reversed on appeal.

Limited judicial review

104.—(1) Every determination, order and other decision of a Reviewing Tribunal, the Minister, or the alternate authority mentioned in section 106, made or purportedly made under this Act—