Page:Online Criminal Harms Act 2023.pdf/26

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26
NO. 24 OF 2023


PART 5
APPEALS ARISING FROM PART 4

Appeal to Minister—appellants

25. The persons who may appeal against each type of decision or requirement under Part 4 are listed in the table below:

Type of decision or requirement Appellant
1. Decision to designate an online service as a designated online service under section 20(1) The provider of the online service given a notice of that decision under section 20(2).
2. Decision to give a code application notice to a designated provider under section 22(1) The designated provider given a code application notice.
3. A requirement in a code of practice applicable to a designated provider issued under section 21(1) or varied under section 21(2) The designated provider.
4. A requirement in an implementation directive given under section 24(1) or a substitute implementation directive given under section 24(5)(b) The designated provider that is given the implementation directive or substitute implementation directive.

Appeal to Minister

26.—(1) An appellant may appeal to the Minister against a decision or requirement mentioned in section 25 in the manner prescribed.

(2) An appeal under subsection (1) must be made not later than 30 days after—

(a) if the appeal is against a decision to give a code application notice or a requirement in an implementation directive—