Broadcasting Act 2009

192

F327[Review of refusal of designation or revocation of designation.

192. (1) Where

(a) an application by an entity to be awarded status as a trusted flagger is refused by the Commission under section 190(3)(b), or

(b) the status of a trusted flagger is proposed to be revoked by the Commission under section 191, the entity or the trusted flagger may, within 14 days from the date of the notification under section 190(4) or 191(1), request in writing a review (in this section referred to as a review request) of such refusal or proposed revocation, in the form and manner specified by the Commission.

(2) The review request shall state the grounds on which the entity or trusted flagger making the request seeks a review of the refusal or proposed revocation, as the case may be.

(3) The Commission shall, upon receipt of the review request, appoint an independent person (in this section referred to as a reviewer) to carry out a review in accordance with this section.

(4) The reviewer shall, as soon as is practicable after being appointed, review the decision to refuse the award of status as a trusted flagger or to revoke the status as a trusted flagger and may recommend to the Commission that

(a) the decision should be affirmed, or

(b) the decision should be set aside and that the Commission reconsider the decision.

(5) The reviewer shall, within 14 days of making a recommendation under subsection (4), give notice to the entity or trusted flagger who made the review request, of the recommendation and the reasons for it.]

Annotations

Amendments:

F327

Inserted (17.02.2024) by Digital Services Act 2024 (2/2024), s. 41, S.I. No. 53 of 2024.