Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p22
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 54867–57714

of the determination.

"(5) The respondent to a registered determination may apply to the Federal Court for review of the determination. The respondent's application for review must be made within 28 days after the date of registration of the determination.

  "(6) In this section:

'review period' means:

    (a) if the respondent to the determination applies to the Court under subsection (5) for review of the determination—the period
SCHEDULE—continued

     starting on the day the determination is registered and ending at the time when proceedings on that review are completed or otherwise terminated; or

     (b) in any other case—the period of 28 days starting on the day the determination is registered.

Review of registered determination

"82C.(1) This section applies if an application is made to the Federal Court under section 82B for review of a determination.

  "(2) The parties to the review are:

   (a)     the applicant; and

     (b)     the complainant to the determination, as respondent to the application for review.

"(3) The Court may at any time make an interim order that suspends the operation of the whole or any part of the determination. The order may be made on such conditions, if any, as the Court thinks fit.

"(4) In reviewing the determination, the Court may review all issues of fact and law.

"(5) A party cannot adduce new evidence without the leave of the Court.

"(6) After reviewing the determination, the Court may make such orders as it thinks fit (including a declaration of right). The orders may confirm a determination that is registered under section 82A.

"(7) The Court may dismiss the application for review at any time if it considers that the applicant is not prosecuting the application with due dispatch. The Court may do this either of its own motion or on the application of the respondent.".

Paragraphs 84(1)(a) and (b):

  Omit the paragraphs, substitute:

     "(a) has applied or proposes to apply to the Federal Court under section 82C for review of a determination; or

  (b) is the respondent to such a review;".

Part III:

  After Division 3 insert:
SCHEDULE—continued

"Division 4—Review and enforcement of determinations involving Commonwealth agencies

Application of Division

"84A. This Division applies to a determination that is made under section 80 or 81 and has a Commonwealth agency, or the principal executive of a Commonwealth agency, as the respondent.

Obligations of respondent agency

"84B.(1) If a Commonwealth agency is the respondent to a determination to which this Division applies that is made under section 80, the agency must comply with the determination.

"(2) If a Commonwealth agency is the respondent to a determination to which this Division applies that is made under section 81:

    (a)     the agency must not repeat or continue conduct