Administrative Review Tribunal Act 2024

PART 7 - APPEALS AND REFERENCES OF QUESTIONS OF LAW TO FEDERAL COURT  

Division 2 - Appeals on questions of law  

Subdivision B - Jurisdiction and powers of Federal Court  

SECTION 178   OPERATION AND IMPLEMENTATION OF TRIBUNAL ' S DECISION  
General rule - operation or implementation not affected

178(1)    
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

178(2)    
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:

(a)    the decision of the Tribunal, or a part of that decision;

(b)    the reviewable decision to which the decision of the Tribunal relates, or a part of that reviewable decision.

178(3)    
The order is subject to any conditions specified in the order.

178(4)    
The order remains in force until the decision on the appeal is given.

178(5)    
Despite subsection (4) , if:

(a)    the order states that it applies for a period; and

(b)    the period ends before the decision on the appeal is given;

the order has effect until the end of the period.


178(6)    
The order may be varied or revoked by the Court or a Judge of the Court.

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.