Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1993 No. 13 of 1994 - SECT 4

4.(1) Section 104B of the Principal Act is amended by omitting subsections
(3), (4), (5) and (6) and substituting the following subsections:

"(3) No action to enforce the determination may be taken before the end of the
normal application and review period.

"(4) In the case of a determination under section 103, a failure by the
respondent, during the normal application and review period, to comply with a
positive requirement of the determination is not a contravention of the
determination.

"(5) The respondent to a registered determination may apply to the Federal
Court for review of the determination.

"(6) Subject to subsection (7), the respondent's application for review must
be made before the end of 28 days after the day the determination is
registered.

"(7) After those 28 days, the respondent may apply for review only with the
leave of the Federal Court. The Court may grant leave only in exceptional
circumstances.

"(8) If the Court grants leave, it may make one or more of the following
orders:

   (a)  an order prohibiting action, or further action, to enforce the
        determination during a specified period ending no later than when
        proceedings on the review are completed or otherwise terminated;

   (b)  an order staying, for such a period, action to enforce the
        determination that has already begun;

   (c)  an order that failure to comply, during such a period, with specified
        positive requirements of the determination is not a contravention of
        the determination;

   (d)  an order that a past failure to comply, during such a period, with
        such requirements is taken never to have been such a contravention.

"(9) The Court may make an order under subsection (8):

   (a)  on such conditions, if any, as it thinks fit; and

   (b)  whether or not it also makes an order under subsection 104C(3).

"(10) The Federal Court may vary or revoke an order under subsection (8).

"(11) In this section:
'normal application and review period' means the period starting when the
determination is registered and finishing:

   (a)  if the respondent applies in accordance with subsection (6) for a
        review of the determination-when proceedings on the review are
        completed or otherwise terminated; or

   (b)  in any other case-at the end of the 28th day after the day the
        determination is registered.".

(2) The amendment made by subsection (1) does not apply to a determination
made before the commencement of this section.