Archives Act 1983

This section applies if:

a person applies, under section 43, to the Tribunal for review of a decision refusing to make a record that is claimed to be an exempt record available for public access; and

the Tribunal decides that a person may have access to the record, or part of the record; and

the Archives institutes an appeal to the Federal Court of Australia from the decision of the Tribunal.

If this section applies to a decision of the Tribunal, the operation of the decision is stayed by force of this section from the time at which the appeal is instituted.

If the Archives appeals to the Federal Court of Australia from the decision of the Tribunal and the appeal in relation to the decision is determined by the Federal Court of Australia, the stay continues to have effect until the earlier of:

the time at which the decision of the Federal Court of Australia on the appeal takes effect; and

the time otherwise determined by the Federal Court of Australia.

If the Archives appeals to the Federal Court of Australia from the decision of the Tribunal and the appeal in relation to the decision is determined by the Federal Circuit and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:

the time at which the decision of the Federal Circuit and Family Court of Australia (Division 2) on the appeal takes effect; and

the time otherwise determined by the Federal Circuit and Family Court of Australia (Division 2).

Nothing in this section:

prevents a person making from an application under section 123 of the Administrative Review Tribunal Act 2024 for the decision of the Tribunal to be referred to the guidance and appeals panel; or

affects the power of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to make orders under section 178 of the Administrative Review Tribunal Act 2024 in relation to matters other than staying the decision of the Tribunal.