sec.387Appeals about investigative information decisions not started on commencement

sec.387 Appeals about investigative information decisions not started on commencement

This section applies if— before the commencement, a person had a right to appeal to a Magistrates Court under former section 113 about a decision that information, given to the chief executive as investigative information, is investigative information; and on the commencement, the period for starting the appeal had not ended. The person may, within the period mentioned in subsection (1)(b), appeal to a Magistrates Court about the decision. Former sections 113 and 114 apply in relation to the appeal as if the amendment Act had not been enacted. If the court sets aside the decision appealed against, the appellant may apply to the chief executive under new section 130(1)(b) to cancel the appellant’s transitioned exclusion. If the court confirms the decision appealed against, the appellant may apply for a new decision under section 385 in relation to the relevant part 5 reviewable decision. An application mentioned in subsection (5)— must be made within 28 days after the appellant is given notice of the court’s decision under former section 114(4); and may be made even if, before the appeal was decided, the appellant applied to the chief executive for a new decision under section 385 in relation to the relevant part 5 reviewable decision. No fee is payable for an application under subsection (5). In this section— relevant part 5 reviewable decision , in relation to the appellant, means a part 5 reviewable decision relating to the issue of the negative notice or negative exemption notice in relation to which the appellant started the appeal. s 387 ins 2020 No. 39 s 24 (sec.387-ssec.1) This section applies if— before the commencement, a person had a right to appeal to a Magistrates Court under former section 113 about a decision that information, given to the chief executive as investigative information, is investigative information; and on the commencement, the period for starting the appeal had not ended. (sec.387-ssec.2) The person may, within the period mentioned in subsection (1)(b), appeal to a Magistrates Court about the decision. (sec.387-ssec.3) Former sections 113 and 114 apply in relation to the appeal as if the amendment Act had not been enacted. (sec.387-ssec.4) If the court sets aside the decision appealed against, the appellant may apply to the chief executive under new section 130(1)(b) to cancel the appellant’s transitioned exclusion. (sec.387-ssec.5) If the court confirms the decision appealed against, the appellant may apply for a new decision under section 385 in relation to the relevant part 5 reviewable decision. (sec.387-ssec.6) An application mentioned in subsection (5)— must be made within 28 days after the appellant is given notice of the court’s decision under former section 114(4); and may be made even if, before the appeal was decided, the appellant applied to the chief executive for a new decision under section 385 in relation to the relevant part 5 reviewable decision. (sec.387-ssec.7) No fee is payable for an application under subsection (5). (sec.387-ssec.8) In this section— relevant part 5 reviewable decision , in relation to the appellant, means a part 5 reviewable decision relating to the issue of the negative notice or negative exemption notice in relation to which the appellant started the appeal.