Liquor Products Act, 1989 (Act No. 60 of 1989)22. Appeals |
| (1) | Any person whose interests are affected by any decision or direction of the administering officer or the Authority under this Act or a scheme, may appeal against such decision or direction to an appeal Authority appointed by the Director-General for this purpose. |
| (2) | Such appeal shall be lodged in the prescribed manner within the prescribed period, and the prescribed amount shall be payable in respect thereof. |
| (3) |
| (a) | An appeal Authority referred to in subsection (1), shall consist of— |
| (i) | a person appointed by reason of his knowledge of the law, and who shall act as chairperson of the appeal Authority; and |
| (ii) | two persons respectively nominated in the prescribed manner by the appellant and the administering officer or the Authority, as the case may be. |
| (b) | An appellant, a person employed by the appellant, the administering officer, an officer performing his functions under the control of the administering officer, a member or an alternate member of the Authority, a member of a committee of the Authority and a person referred to in section 2(10)(b) shall not be appointed as a member of an appeal Authority. |
| (4) | All the members of an appeal Authority shall constitute a quorum for any meeting of the appeal Authority, and a decision of the majority of the members thereof shall be a decision of the appeal Authority. |
| (5) | There may be paid to a member of an appeal Authority who is not in the full-time employment of the State, from moneys appropriated by Parliament for this purpose, such remuneration or allowances as may be determined by the Minister, with the concurrence of the Minister of Finance, in general or in any particular case. |
| (6) | Such appeal Authority may— |
| (a) | confirm, set aside or amend the decision or direction which is the subject of the appeal; |
| (b) | refer the relevant matter back to the Authority or the administering officer for reconsideration; or |
| (c) | make such order in connection therewith as it may deem fit, |
| (7) | The administering officer or the Authority, as the case may be, shall be bound by a decision of an appeal Authority. |
| (8) | The decision of an appeal Authority together with the reasons therefor shall be in writing, and copies thereof shall be furnished to the Director-General, the appellant and the administering officer or the Authority, as the case may be. |
| (9) | If the decision or direction which is the subject of an appeal— |
| (a) | is set aside, the amount referred to in subsection (2) shall be refunded to the appellant concerned; |
| (b) | is amended, or is referred back to the administering officer or the Authority for reconsideration, such portion of the amount referred to in subsection (2) as the appeal Authority concerned may determine, shall be refunded to the appellant concerned. |