Commonwealth Consolidated Acts

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ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SECT 16

Powers of the Federal Court and the Federal Circuit Court in respect of applications for order of review

             (1)  On an application for an order of review in respect of a decision, the Federal Court or the Federal Circuit Court may, in its discretion, make all or any of the following orders:

                     (a)  an order quashing or setting aside the decision, or a part of the decision, with effect from the date of the order or from such earlier or later date as the court specifies;

                     (b)  an order referring the matter to which the decision relates to the person who made the decision for further consideration, subject to such directions as the court thinks fit;

                     (c)  an order declaring the rights of the parties in respect of any matter to which the decision relates;

                     (d)  an order directing any of the parties to do, or to refrain from doing, any act or thing the doing, or the refraining from the doing, of which the court considers necessary to do justice between the parties.

             (2)  On an application for an order of review in respect of conduct that has been, is being, or is proposed to be, engaged in for the purpose of the making of a decision, the Federal Court or the Federal Circuit Court may, in its discretion, make either or both of the following orders:

                     (a)  an order declaring the rights of the parties in respect of any matter to which the conduct relates;

                     (b)  an order directing any of the parties to do, or to refrain from doing, any act or thing the doing, or the refraining from the doing, of which the court considers necessary to do justice between the parties.

             (3)  On an application for an order of review in respect of a failure to make a decision, or in respect of a failure to make a decision within the period within which the decision was required to be made, the Federal Court or the Federal Circuit Court may, in its discretion, make all or any of the following orders:

                     (a)  an order directing the making of the decision;

                     (b)  an order declaring the rights of the parties in relation to the making of the decision;

                     (c)  an order directing any of the parties to do, or to refrain from doing, any act or thing the doing, or the refraining from the doing, of which the court considers necessary to do justice between the parties.

             (4)  The Federal Court or the Federal Circuit Court may at any time, of its own motion or on the application of any party, revoke, vary, or suspend the operation of, any order made by it under this section.



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