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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87SE
Court may stay operation of original decision
87SE Court may stay operation of original decision
(1) An affected person for an original decision may apply to the Magistrates
Court for a stay of the operation of the decision.
(2) The application may be
made at any time within the period within which an application for an internal
review of the original decision may be made under subdivision 1 .
(3) The
court may make an order staying the operation of the original decision only if
it considers the order is desirable after having regard to the following—
(a) the interests of any person whose interests may be affected by the making
of the order or the order not being made;
(b) any submission made to the
court by the entity that made the original decision;
(c) the public interest.
(4) A stay by the court under this section— (a) may be given on conditions
the court considers appropriate; and
(b) operates for the period fixed by the
court; and
(c) may be amended or revoked by the court.
(5) The period of a
stay by the court under this section must not extend past— (a) the end of
the period within which an application for an internal review of the original
decision may be made under subdivision 1 ; or
(b) if an application for an
internal review of the original decision is made under subdivision 1 within
the period allowed under that subdivision—the end of the period within which
an appeal against the internal review decision may be made under section 87SF
.
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