Food Act 2014

Miscellaneous provisions - Immunity, delegation, and review provisions - Further appeals

366: Review decision to continue in force pending appeal

You could also call this:

"A decision made under the Food Act stays in place while you wait for an appeal result."

Illustration for Food Act 2014

If you make a decision to review something under the Food Act 2014, that decision stays in place until your appeal is sorted out. You can appeal under section 362, 364, or 365, and you still have to follow the rules of this Act while you wait for the appeal decision. You must keep following the rules, even if you are waiting for the appeal to be decided. The court you are appealing to can change this, but otherwise, the decision stays in place.

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365: Further appeals to Court of Appeal or Supreme Court, or

"You can ask a higher court to review a decision, but only if you follow the rules and they agree to hear your case."


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367: Collecting and keeping information, or

"Keeping food business information safe and up to date"

Part 5Miscellaneous provisions
Immunity, delegation, and review provisions: Further appeals

366Review decision to continue in force pending appeal

  1. A review decision continues in force until an appeal under section 362, 364, or 365 in relation to that decision is determined, and no person is excused from complying with a requirement of this Act on the grounds that the appeal is pending.

  2. Subsection (1) applies unless the court appealed to orders otherwise.