sec.39Decisions about primary licence not to be justiciable

### sec.39 Decisions about primary licence not to be justiciable A decision of the Governor in Council or Minister made, or appearing to be made, under this Act about a primary licence, or person with an interest or potential interest in a primary licence— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. The decisions to which subsection (1) applies include, but are not limited to— a decision of the Governor in Council mentioned in schedule 1 , part 1 ; and a decision of the Minister mentioned in schedule 1 , part 2 . In this section— decision includes— conduct engaged in to make a decision; and conduct related to making a decision; and failure to make a decision. s 39 amd 2007 No. 22 s 3 sch 1 (sec.39-ssec.1) A decision of the Governor in Council or Minister made, or appearing to be made, under this Act about a primary licence, or person with an interest or potential interest in a primary licence— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (sec.39-ssec.2) The decisions to which subsection (1) applies include, but are not limited to— a decision of the Governor in Council mentioned in schedule 1 , part 1 ; and a decision of the Minister mentioned in schedule 1 , part 2 . (sec.39-ssec.3) In this section— decision includes— conduct engaged in to make a decision; and conduct related to making a decision; and failure to make a decision. - (a) is final and conclusive; and - (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and - (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. - (a) a decision of the Governor in Council mentioned in schedule 1 , part 1 ; and - (b) a decision of the Minister mentioned in schedule 1 , part 2 . - (a) conduct engaged in to make a decision; and - (b) conduct related to making a decision; and - (c) failure to make a decision.