(1) If a decision to refuse to grant an application for approval under section 3.3.16, or a decision to grant an approval subject to conditions, is made by a single commissioner, the venue operator may appeal against the decision to the Commission within 28 days of notification of the decision.
(2) An appeal must—
(a) be in writing; and
(b) specify the grounds on which it is made.
(3) After consideration of an appeal, the Commission may—
(a) confirm the decision; or
(b) in the case of a decision to refuse an application—grant the application, either unconditionally or subject to conditions;
(c) in the case of a decision to grant an application subject to conditions—vary or remove the conditions.
(4) The decision of the Commission on an appeal—
(a) must be notified in writing to the applicant;
(b) may include the reasons for the decision.
(5) The Commission as constituted for the purposes
of the appeal must not include the commissioner who made the decision appealed
against.
Ch. 3 Pt 4 (Heading) amended by Nos 104/2004 s. 39(1), 29/2009 s. 11(1).
Part 4—Licensing of operators and monitors and listing of manufacturers, suppliers and testers
Division 1—Authority conferred by licences and listing
S. 3.4.1 amended by No. 29/2009 s. 11(3) (ILA s. 39B(1)).