DEFENCE ACT 1903 - SECT 61CZE Operation etc. of decision subject to appeal

DEFENCE ACT 1903 - SECT 61CZE

  (1)   Subject to this section, the institution of an appeal to the Federal Court from a decision of the AAT does not:

  (a)   affect the operation of the decision; or

  (b)   prevent the taking of action to implement the decision; or

  (c)   prevent the taking of action in reliance on the making of the decision.

  (2)   If an appeal is instituted in the Federal Court from a decision of the AAT, the Federal Court or a Judge of the Federal Court may make such orders of the kind referred to in subsection   ( 3) as that Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal.

  (3)   The orders that may be made under subsection   ( 2) are orders staying, or otherwise affecting the operation or implementation of, either or both of the following:

  (a)   the decision of the AAT or a part of that decision;

  (b)   the decision to which the proceeding before the AAT related or a part of that decision.

  (4)   The Federal Court or a Judge of that Court may, by order, vary or revoke an order in force under subsection   ( 2) (including an order that has previously been varied under this subsection).

  (5)   An order in force under subsection   ( 2):

  (a)   is subject to such conditions as are specified in the order; and

  (b)   has effect until:

  (i)   where a period for the operation of the order is specified in the order--the end of that period or, if a decision is given on the appeal before the end of that period, the giving of the decision; or

  (ii)   where no period is so specified--the giving of a decision on the appeal.