235ANo review of Secretary's decisions concerning class 3 or class 4 gambling until right of appeal exercised

1. A person who has a right to appeal to the Gambling Commission against 1 or more of the decisions specified in subsection (2) is not entitled to apply for judicial review of the decision unless—

2. that person exercises that right of appeal; and
3. the appeal is finally determined.

4. The decisions referred to in subsection (1) are—

5. a decision by the Secretary to refuse to grant a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:
6. a decision by the Secretary to cancel or suspend a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:
7. a decision by the Secretary to amend or revoke a condition of, or add a new condition to, a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:
8. a decision by the Secretary to refuse to renew a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:
9. a decision by the Secretary to refuse to amend a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence.

10. In this section, apply for judicial review means—

11. to make an application for review of the decision under the Judicial Review Procedure Act 2016; or
12. to institute proceedings seeking any writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in respect of that decision.