When Tribunal’s decision on review comes into operation
107 When Tribunal’s decision on review comes into operation
General rule
A decision of the Tribunal in the proceeding in relation to the application comes into operation when it is given to the parties to the proceeding.
Exception—Tribunal specifies a later date
Despite subsection (1), if the Tribunal specifies in a decision that the decision comes into operation at a time after the decision is given to the parties, the decision comes into operation at the specified time.
Exception—Tribunal ordered stay of reviewable decision
Despite subsections (1) and (2), if an order under section 32 staying or otherwise affecting the operation of:
in any case—the reviewable decision; or
if the application is a guidance and appeals panel application taken to be made because of the referral of a decision of the Tribunal—the decision affirmed, varied or set aside by the decision of the Tribunal;
is in force immediately before the Tribunal makes a decision under section 105 (Tribunal decision on review of reviewable decision) on the application, the operation of the Tribunal’s decision is stayed until:
if a relevant appeal is made—the later of the following:
the end of the appeal period;
the completion of the relevant appeal; or
in any other case—the end of the appeal period.
For the purposes of paragraph (3)(c), do not take into account any relevant appeal that is made after the end of the period within which the relevant appeal may be made.
Subsection (3) does not apply if the Tribunal’s decision is made in accordance with subsection 103(2) (decision agreed by parties).
Exception—Tribunal or court order
Despite subsection (3):
the Tribunal may order that a decision of the Tribunal comes into operation at a different time; and
the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may order that a decision of the Tribunal comes into operation at a different time.
Definitions
In this section:
completion:
the completion of a court appeal occurs when:
in any case—the court appeal is determined, discontinued, dismissed or disposed of; or
if a panel appeal is also made and the President refers the Tribunal’s decision to the guidance and appeals panel—the decision of the Tribunal on the guidance and appeals panel application taken to be made because of the referral comes into operation; and
the completion of a panel appeal occurs when:
if the President refers the Tribunal’s decision to the guidance and appeals panel—the decision of the Tribunal on the guidance and appeals panel application taken to be made because of the referral comes into operation; or
in any other case—the panel appeal is refused.
court appeal means an appeal from the Tribunal’s decision to the Federal Court under Division 2 of Part 7 (appeals on questions of law).
end of the appeal period means:
if a panel appeal may be made—the later of the following:
the end of the period within which court appeals may be made;
the end of the period within which panel appeals may be made; or
in any other case—the end of the period within which court appeals may be made.
panel appeal means an application to refer the Tribunal’s decision to the guidance and appeals panel under section 123.
relevant appeal means:
if a panel appeal may be made—a court appeal or a panel appeal; or
in any other case—a court appeal.
For the purposes of subsection (4) and the definition of end of the appeal period in subsection (7), take into account:
any extension under section 125 of the period within which panel appeals may be made that occurs before the period would otherwise expire; and
any extension under subsection 174(2) of the period within which court appeals may be made that occurs before the period would otherwise expire.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.