SUMMARY OFFENCES ACT 1953 - SECT 21J

SUMMARY OFFENCES ACT 1953 - SECT 21J

21J—Right of appeal to District Court

        (1)         A person aggrieved by a decision of the Commissioner—

            (a)         to issue a weapons prohibition order under section 21H; or

            (b)         to vary or revoke an exemption under section 21I(11),

may appeal against the decision to the District Court.

        (2)         If the Commissioner has not given the person reasons in writing for making the decision appealed against, the Commissioner must do so on request made within 28 days after the person received notice of the decision.

        (3)         If a decision was made because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.

        (4)         An appeal under this section must be made—

            (a)         within 28 days after the person received notice of the decision appealed against; or

            (b)         if a request for reasons in writing is made under subsection (2)—within 28 days after the person received the reasons in writing.

        (5)         On an appeal under this section, the Court—

            (a)         must, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and

            (b)         may take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of Superintendent.