Document ID: chunk:federal_register_of_legislation:C2004A04382:body:0:p9
Version: federal_register_of_legislation:C2004A04382
Segment Type: other
Provision Reference: 
Character Range: 20493–23106

appeal, by a person under subsection (1) must be instituted:

     (a)  within 28 days after the day on which the document setting out the terms of the decision of the AAT is given to the person or within such further time (whether before or after the end of that period) as the Federal Court allows; and

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

 "(3) The Federal Court has jurisdiction to hear and determine appeals, and applications for leave to appeal, instituted in the Court in

accordance with subsection (2) and that jurisdiction must be exercised by the Court constituted as a Full Court.

  "(4) The Federal Court:

  (a)     must hear and determine the appeal; and

  (b)     may affirm, vary or set aside the order of the AAT; and

    (c)     may give such judgment, or make such order, as in all the circumstances it thinks fit, or refuse to make an order; and

    (d)     may remit the case for rehearing and determination, either with or without the hearing of further evidence, by the AAT.

Operation etc. of decision subject to appeal

"61CZE.(1) Subject to this section, the institution of an appeal to the Federal Court from a decision of the AAT does not:

  (a)     affect the operation of the decision; or

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

    (c)     prevent the taking of action in reliance on the making of the decision.

"(2) If an appeal is instituted in the Federal Court from a decision of the AAT, the Federal Court or a Judge of the Federal Court may make such orders of the kind referred to in subsection (3) as that Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal.

"(3) The orders that may be made under subsection (2) are orders staying, or otherwise affecting the operation or implementation of, either or both of the following:

   (a)     the decision of the AAT or a part of that decision;

     (b)    the decision to which the proceeding before the AAT related or a part of that decision.

"(4) The Federal Court or a Judge of that Court may, by order, vary or revoke an order in force under subsection (2) (including an order that has previously been varied under this subsection).

  "(5) An order in force under subsection (2):

   (a)     is subject to such conditions as are specified in the order; and

   (b)     has effect until:

         (i) where a period for the operation of the order is specified in the order—the end of that period or, if a decision is given on the