Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 44ZS

Operation and implementation of a determination that is subject to appeal

             (1)  Subject to this section, the fact that an appeal is instituted in the Federal Court from a decision of the Tribunal does not affect the operation of the decision or prevent action being taken to implement the decision.

             (2)  If an appeal is instituted in the Federal Court from a decision of the Tribunal, the Federal Court or a judge of the Federal Court may make any orders staying or otherwise affecting the operation or implementation of the decision of the Tribunal that the Federal Court or judge thinks appropriate to secure the effectiveness of the hearing and determination of the appeal.

             (3)  If an order is in force under subsection (2) (including an order previously varied under this subsection), the Federal Court or a judge of the Federal Court may make an order varying or revoking the first-mentioned order.

             (4)  An order in force under subsection (2) (including an order previously varied under subsection (3)):

                     (a)  is subject to any conditions that are specified in the order; and

                     (b)  has effect until:

                              (i)  the end of any period for the operation of the order that is specified in the order; or

                             (ii)  the giving of a decision on the appeal;

                            whichever is earlier.



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