124NDecision on internal review

124N Decision on internal review

S. 124N(1) amended by No. 37/2024 s. 24(1).

(1) On receiving an application under section 124M(1) or (4), the Chief Commissioner must appoint a police officer to review the decision in respect of which the application is made.

(2) The reviewing officer—

S. 124N(2)(a) amended by No. 37/2024 s. 24(2).

(a) must not be the original decision maker or have been substantially involved in the making of the decision referred to in subsection (1); and

S. 124N(2)(b) substituted by No. 37/2024 s. 24(3).

(b) must be of a rank that is—

(i) the same as, or above, the rank of the original decision maker; and

(ii) not lower than the rank of inspector.

(3) The reviewing officer must, on review, make a fresh decision—

(a) that affirms or amends the decision of the original decision maker to issue or amend the unlawful association notice; or

(b) that sets aside the decision of the original decision maker to issue or amend the unlawful association notice and substitutes another decision that the reviewing officer considers appropriate.

S. 124N(4) amended by No. 37/2024 s. 24(4).

(4) The reviewing officer must make a fresh decision within 28 days after the application is made.

(5) Without limiting subsection (3), the reviewing officer, on review, must consider all the information, material and evidence before the original decision maker.

S. 124N(6) substituted by No. 37/2024 s. 24(5).

(6) As soon as practicable after making the fresh decision, the reviewing officer must cause a notice containing the material specified in subsection (7) to be served on—

(a) the applicant; and

(b) each person specified in the unlawful association notice.

S. 124N(7) inserted by No. 37/2024 s. 24(5).

(7) The material to be contained in the notice is—

(a) a statement of the fresh decision; and

(b) the reviewing officer's reasons for the fresh decision.

S. 124O inserted by No. 48/2015 s. 5.