NATIVE TITLE ACT 1993 - SECT 170 Operation and implementation of a decision or determination that is subject to appeal

NATIVE TITLE ACT 1993 - SECT 170

Operation of decision or determination

  (1)   Subject to this section, the institution of an appeal to the Federal Court from a decision or determination of the Tribunal does not affect the operation of the decision or determination or prevent the taking of action to implement the decision or determination.

Court or Judge may make orders

  (2)   If an appeal is instituted in the Court from a decision or determination of the Tribunal, the Court or a Judge of the Court may make such order staying or otherwise affecting the operation or implementation of either or both of the following:

  (a)   the decision or determination of the Tribunal or a part of that decision or determination; and

  (b)   the decision or determination to which the proceeding before the Tribunal related or a part of that decision or determination;

as that Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal.

Court or Judge may vary orders

  (3)   The Court or a Judge of the Court may vary or revoke an order at any time.

Effect of orders

  (4)   An order:

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

  (b)   has effect until:

  (i)   if 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 determination; or

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