Commonwealth Numbered Acts

ADMINISTRATIVE APPEALS TRIBUNAL AMENDMENT ACT 1977 No. 58 of 1977 - SECT 29

29. (1) Section 44 of the Principal Act is amended-

   (a)  by omitting from sub-sections (1) and (2) the words '', in such manner
        and within such time as are prescribed,'';

   (b)  by inserting after sub-section (2) the following sub-section:-

''(2A) An appeal by a person under sub-section (1) or (2) shall be instituted-

   (a)  not later than the twenty-eighth day after the day on which a document
        setting out the terms of the decision of the Tribunal is furnished to
        the person or within such further time as the Federal Court of
        Australia (whether before or after the expiration of that day) allows;
        and

   (b)  in such manner as is prescribed by rules of court made under the
        Federal Court of Australia Act 1976.'';

   (c)  by adding at the end of sub-section (3) the words ''and that
        jurisdiction may be exercised by that Court constituted as a Full
        Court and shall be exercised by the Court so constituted if the
        decision of the Tribunal was given by the Tribunal constituted by a
        presidential member or by members at least one of whom was a
        presidential member''; and

   (d)  by adding at the end thereof the following sub-section:-

''(6) The institution of an appeal to the Federal Court of Australia from a
decision of the Tribunal does not affect the operation of the decision or
prevent the taking of action to implement the decision but-

   (a)  the Court or a Judge may, by order, on such conditions (if any) as it
        or he thinks fit, suspend the operation of the decision; and

   (b)  the Court or a Judge may order, on such conditions (if any) as it or
        he thinks fit, a stay of all or any proceedings under the decision.''.

(2) The amendments made by sub-section (1) apply in relation to decisions of
the Administrative Appeals Tribunal given before the commencement of this
section as well as in relation to decisions given after that commencement.