8Action may be taken despite appeal or challenge

8 Action may be taken despite appeal or challenge

(1) The Minister must continue to apply the Principles, including taking into account a relevant advisory report, assessment report or accreditation action, even if a person affected by the report or accreditation action is seeking review by the independent body or special adviser concerned, or by a judicial or other review body, of the report or accreditation action. (a) the Minister has made a decision under section 23DN of the Act after taking into account an advisory report, assessment report or accreditation action of an independent body, or an assessment report of a special adviser; and (b) the report or accreditation action is later varied, or a judicial or other body has set aside or varied the report or accreditation action; the Minister must take into account the circumstances referred to in paragraph (2)(b) when considering a new application for approval under section 23DN of the Act.