Commonwealth Consolidated Acts

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ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 44A

Operation and implementation of a decision that is subject to appeal

Appeal does not affect operation of Tribunal's decision

             (1)  Subject to this section, the institution of an appeal to the Federal Court of Australia from a decision of the Tribunal does not affect the operation of the decision or prevent the taking of action to implement the decision.

Stay orders

             (2)  Where an appeal is instituted in the Federal Court of Australia from a decision of the Tribunal, that Court or a Judge of that Court may make such order or orders staying or otherwise affecting the operation or implementation of either or both of the following:

                     (a)  the decision of the Tribunal or a part of that decision; and

                     (b)  the decision to which the proceeding before the Tribunal related or a part of that decision;

as that Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal.

          (2A)  If an appeal from a decision of the Tribunal is transferred from the Federal Court of Australia to the Federal Circuit Court of Australia, the Federal Circuit Court of Australia or a Judge of the Federal Circuit Court of Australia may make such order or orders staying or otherwise affecting the operation or implementation of either or both of the following:

                     (a)  the decision of the Tribunal or a part of that decision;

                     (b)  the decision to which the proceeding before the Tribunal related or a part of that decision;

as the Federal Circuit Court of Australia or Judge of the Federal Circuit Court of Australia considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal.

             (3)  If an order is in force under subsection (2) or (2A) (including an order that has previously been varied on one or more occasions under this subsection):

                     (a)  the Federal Court of Australia or a Judge of that Court; or

                     (b)  the Federal Circuit Court of Australia or a Judge of that Court;

may make an order varying or revoking the first-mentioned order.

             (4)  An order in force under subsection (2) or (2A) (including an order that has previously been varied on one or more occasions under subsection (3)):

                     (a)  is subject to such conditions as are specified in the order; and

                     (b)  has effect until:

                              (i)  where a period for the operation of the order is specified in the order--the expiration of that period or, if a decision is given on the appeal before the expiration of that period, the giving of the decision; or

                             (ii)  where no period is so specified--the giving of a decision on the appeal.



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