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COMMONWEALTHAct
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s 35H

Review of compliance notice

In force
Part IIAustralian Human Rights Commission
Division 4AFunctions relating to positive duty in relation to sex discrimination

35H Review of compliance notice

(1)

A person who has been given a compliance notice may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for a review of the notice on either or both of the following grounds:

(a)

the person has not failed to comply as set out in the notice;

(b)

the notice does not comply with subsection 35F(2) or (3).

(1A)

The application must be made within:

(a)

if the compliance notice has been reconsidered under section 35G—21 days after the person was given a notice of a decision under subsection 35G(6) relating to the compliance notice; or

(b)

otherwise—21 days after the day the compliance notice was given to the person.

(2)

At any time after the application has been made, the court concerned may stay the operation of the notice on the terms and conditions that the court considers appropriate.

(3)

The court concerned may confirm, vary or cancel the notice after reviewing it.

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