41 (b) any person with editorial control over the online location. (2) No appeal may be made to the High Court by any person unless the person has first applied to the Minister to vary or cancel the Declaration under section 32(9), and the Minister refused the application whether in whole or in part. 5 (3) An appeal may only be made to the High Court within such period as may be prescribed by Rules of Court. (4) The High Court must hear and determine any such appeal and may either confirm the Declaration or set it aside. (5) The High Court may only set aside a Declaration on the ground that, at the time of making the Declaration, the condition specified in section 32(1)(a) or (b) was not satisfied. (6) A Declaration that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the High Court or the Court of Appeal on appeal from the High Court, or if it expires or is cancelled under section 32(8). (7) There is such further right of appeal from a decision of the High Court under this section as exists in the case of a decision made by that Court in the exercise of its original civil jurisdiction. 10 15 20 (8) Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made. Deriving benefit from operating declared online location 36.—(1) A person who, whether in or outside Singapore, solicits, receives or agrees to receive any financial or other material benefit as an inducement or reward for operating a declared online location shall be guilty of an offence and shall be liable on conviction — (a) in the case of an individual, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both; or (b) in any other case, to a fine not exceeding $500,000. (2) Without limiting the generality of the expression, a person receives financial or other material benefit as an inducement or 25 30