Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p82
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 206678–209461

the judicially-reviewable decision is covered by paragraph 166LA(1)(a) or (b)—the Minister or the applicant in the review by the relevant Tribunal; or

    (b)     if the judicially-reviewable decision is covered by paragraph 166LA(1)(c)—the person who is the subject of the decision.

Parties to review

"166LF. The parties to the review of a judicially-reviewable decision are the Minister and:

    (a)     if the judicially-reviewable decision is covered by paragraph 166LA(1)(a) or (b)—the applicant in the review by the relevant Tribunal; or

    (b)     if the judicially-reviewable decision is covered by paragraph 166LA(1)(c)—the person who is the subject of the decision.

Powers of the Federal Court

"166LG.(1) On an application for review of a judicially-reviewable decision, the Federal Court may, in its discretion, make all or any of the following orders:

    (a)     an order affirming, quashing or setting aside the decision, or a part of the decision, with effect from the date of the order or such earlier date as the Court specifies;

    (b)    an order referring the matter to which the decision relates to the person who made the decision for further consideration, subject to such directions as the Court thinks fit;

    (c)     an order declaring the rights of the parties in respect of any matter to which the decision relates;

    (d)    an order directing any of the parties to do, or to refrain from doing, any act or thing the doing, or the refraining from the doing, of which the Federal Court considers necessary to do justice between the parties.

"(2) On an application for a review in respect of a failure to make a judicially-reviewable decision, or in respect of a failure to make a decision within the period within which the decision was required to be made, the Federal Court may make any or all of the following orders:

   (a)    an order directing the making of the decision;

     (b)    an order declaring the rights of the parties in respect of any matter to which the decision relates;

     (c)    an order directing any of the parties to do, or to refrain from doing, any act or thing the doing, or the refraining from the doing, of which the Federal Court considers necessary to do justice between the parties.

"(3) The Federal Court may, at any time, of its own motion or on the application of any party, revoke, vary, or suspend the operation of, any order made by it under this section.

Operation etc. of decision

"166LH.(1) Subject to this section, the making of an application under section 166LB to the Federal Court in relation to a judicially-reviewable decision does not:

   (a)     affect the operation of the decision; or

   (b)     prevent the taking of action to implement the decision; or

     (c)     prevent