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Civil Aviation Act 2023

Regulations and miscellaneous provisions - Review of Director’s decisions

444: Relationship between review and appeal under section 453

You could also call this:

"When you can appeal a decision after asking for a review under the law."

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If you have made an application for a review under section 446 of a decision that can also be appealed under section 453, this section applies to you. You cannot appeal against the decision under section 453 unless you withdraw your review application or the Director notifies you of a final decision under section 448.

You have to wait until one of these things happens before you can appeal. The time for you to bring an appeal under section 453 starts on the day you withdraw your application or the day you are notified of a final decision under section 448.

This means you can appeal under section 453 after the review process is finished or if you decide to withdraw your review application.

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Part 10Regulations and miscellaneous provisions
Review of Director’s decisions

444Relationship between review and appeal under section 453

  1. This section applies if an applicant has made an application for a review under section 446 of a decision that is also appealable under section 453.

  2. An applicant must not appeal against the decision under section 453—

  3. unless the applicant withdraws or is deemed to have withdrawn the application for review; or
    1. until the Director has notified the applicant of a final decision under section 448.

      1. The time for bringing an appeal under section 453 begins on the earlier of the following:

      2. the day on which an applicant withdraws or is deemed to have withdrawn their application; or
        1. the day on which the applicant is notified of a final decision under section 448.