Page:Online Criminal Harms Act 2023.pdf/35

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ONLINE CRIMINAL HARMS
35


Reviewing Tribunal—remuneration and other terms

39.—(1) The Minister may pay to the member out of moneys provided by Parliament such remuneration or allowances as the Minister may, with the approval of the President, fix.

(2) The remuneration and other terms of service of the member must not be altered to his or her disadvantage during his or her continuance in office as such.

Reviewing Tribunal—resources

40.—(1) All expenses of every Reviewing Tribunal are to be defrayed out of moneys provided by Parliament.

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

Reviewing Tribunal—function

41.—(1) It is the function and duty of every Reviewing Tribunal to consider and determine any appeal made under section 18 or 37 and served on the Secretary to the Reviewing Tribunals.

(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 affirming or cancelling the Part 2 direction or Part 6 order, as the case may be.

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

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

Reviewing Tribunal—grounds for cancellation

42.—(1) A Reviewing Tribunal may only cancel a Part 2 direction under section 41(3) on any of the following grounds:

(a) the requirements of section 6(1) were not satisfied;
(b) the person that was given the direction was not a person to whom the direction may be given under section 7;