SCHEDULE 3Discretionary requirements

PART 1Imposition of discretionary requirements and procedure

Grounds of appeal10

1

A seller may appeal against the Administrator's decision to impose a discretionary requirement.

2

The grounds of appeal are—

a

that the decision was based on an error of fact;

b

that the decision was wrong in law;

c

in case of a variable monetary penalty, that the amount of the penalty is unreasonable;

d

in the case of a non-monetary discretionary requirement, that the nature of the requirement is unreasonable;

e

that the decision was unreasonable for any other reason;

f

any other reason.