MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87SE Court may stay operation of original decision

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87SE

87SE Court may stay operation of original decision

(1) An affected person for an original decision may apply to the Magistrates Court for a stay of the operation of the decision.

(2) The application may be made at any time within the period within which an application for an internal review of the original decision may be made under subdivision 1 .

(3) The court may make an order staying the operation of the original decision only if it considers the order is desirable after having regard to the following—

(a) the interests of any person whose interests may be affected by the making of the order or the order not being made;

(b) any submission made to the court by the entity that made the original decision;

(c) the public interest.

(4) A stay by the court under this section—

(a) may be given on conditions the court considers appropriate; and

(b) operates for the period fixed by the court; and

(c) may be amended or revoked by the court.

(5) The period of a stay by the court under this section must not extend past—

(a) the end of the period within which an application for an internal review of the original decision may be made under subdivision 1 ; or

(b) if an application for an internal review of the original decision is made under subdivision 1 within the period allowed under that subdivision—the end of the period within which an appeal against the internal review decision may be made under section 87SF .