Operation and implementation of Tribunal’s decision
178 Operation and implementation of Tribunal’s decision
General rule—operation or implementation not affected
An appeal to the Federal Court from a decision of the Tribunal does not affect the operation of the decision or prevent the taking of action to implement the decision.
Exception—Court may stay operation or implementation
However, for the purpose of ensuring the effectiveness of the hearing and determination of the appeal, the Court or a Judge of the Court may make an order staying or otherwise affecting the operation or implementation of either or both of the following:
the decision of the Tribunal, or a part of that decision;
the reviewable decision to which the decision of the Tribunal relates, or a part of that reviewable decision.
The order is subject to any conditions specified in the order.
The order remains in force until the decision on the appeal is given.
Despite subsection (4), if:
the order states that it applies for a period; and
the period ends before the decision on the appeal is given;
the order has effect until the end of the period.
The order may be varied or revoked by the Court or a Judge of the Court.
This Act’s bill:Explanatory memorandumSecond reading speech
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