Psychoactive Substances Act 2013

If you need more information about this Act, please contact the administering agency: Ministry of Health
45 Appeals against Authority’s decisions

(1)

A person who has applied for a licence under section 13 or been granted a licence under section 16 may appeal to the appeals committee against any decision of the Authority—

(a)

to refuse to grant the person a licence:

(b)

to impose a condition on the person’s licence:

(c)

to suspend or cancel the person’s licence.

(2)

A person who has applied for approval of a psychoactive product under section 33 may appeal to the appeals committee against any decision of the Authority—

(a)

to refuse to approve the psychoactive product:

(b)

to impose a condition on the approval of the psychoactive product:

(c)

to revoke the approval of the psychoactive product:

(d)

to issue a recall order for the approved product.

(3)

The appeal under subsection (1) or (2) must be made within 60 days after the decision appealed against is given, or within any further period that the appeals committee may allow.

(4)

A decision of the Authority against which an appeal is lodged continues in force unless the appeals committee orders otherwise.

(5)

An appeal under subsection (1) or (2) is by way of rehearing.

(6)

On hearing the appeal, the appeals committee may—

(a)

confirm, reverse, or modify the decision appealed against:

(b)

make any other decision that the Authority could have made.

(7)

The appeals committee must not review any decision, or any part of a decision, not appealed against.