Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p37
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 96941–99684

that it thinks appropriate.

"(4) The orders that may be made by the Federal Court on appeal include (but are not limited to):

    (a) an order affirming or setting aside the decision of the Tribunal; and

    (b) an order remitting the matter to be decided again by the Tribunal in accordance with the directions of the Federal Court.

Operation and implementation of a determination that is subject to appeal

"44ZS.(1) Subject to this section, the fact that an appeal is instituted in the Federal Court from a decision of the Tribunal does not affect the operation of the decision or prevent action being taken to implement the decision.

"(2) If an appeal is instituted in the Federal Court from a decision of the Tribunal, the Federal Court or a judge of the Federal Court may make any orders staying or otherwise affecting the operation or implementation of the decision of the Tribunal that the Federal Court or judge thinks appropriate to secure the effectiveness of the hearing and determination of the appeal.

"(3) If an order is in force under subsection (2) (including an order previously varied under this subsection), the Federal Court or a judge of the Federal Court may make an order varying or revoking the first-mentioned order.

"(4) An order in force under subsection (2) (including an order previously varied under subsection (3)):

    (a) is subject to any conditions that are specified in the order; and

    (b) has effect until:

        (i) the end of any period for the operation of the order that is specified in the order; or

        (ii) the giving of a decision on the appeal;

whichever is earlier.

Transmission of documents

"44ZT. If an appeal is instituted in the Federal Court:

    (a) the Tribunal must send to the Federal Court all documents that were before the Tribunal in connection with the matter to which the appeal relates; and

    (b) at the conclusion of the proceedings before the Federal Court in relation to the appeal, the Federal Court must return the documents to the Tribunal.

"Subdivision G—Variation of determinations

Variation of determinations

"44ZU.(1) The Commission may vary a determination on the application of any party to the determination. However, it cannot vary the determination if any other party objects.

    Note: If the parties cannot agree on a variation, a new access dispute can be notified under section 44S.

"(2) Sections 44W and 44X apply to a variation under this section as if:

    (a) an access dispute arising out of the determination had been notified when the application was made to the Commission for the variation of the determination; and

    (b) the variation were the making of a determination in the terms of the varied determination.