Document ID: chunk:federal_register_of_legislation:C2024C00591:section:162
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 162
Character Range: 355639–357352

162  Operation etc. of decision subject to appeal
 (1) Subject to this section, the institution of an appeal to the Federal Court of Australia from a decision of the Panel 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) Where an appeal is instituted in the Federal Court of Australia from a decision of the Panel, that court or a Judge of that court may make such orders of the kind mentioned in subsection (3) as that court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and the 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 Panel or a part of the decision;
 (b) the decision to which the proceeding before the Panel related or a part of the decision.
 (4) The Federal Court of Australia 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 appeal before the end of that period, the giving of the decision; or
 (ii) where no period is so specified—the giving of a decision on the appeal.

Part 9—Miscellaneous

Division 1—Electronic decision‑making