Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p83
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 209192–211930

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 the taking of action in reliance on the making of the decision.

"(2) If an an application is made to the Federal Court under section 166LB or 166LC in relation to a judicially-reviewable decision, 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 the judicially-reviewable decision, 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) if 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) if no period is so specified—the giving of a decision on the appeal.

Change in person holding, or performing the duties of, an office

  "166LI. If:

    (a)     a person has, in the performance of the duties of an office, made a judicially-reviewable decision; and

    (b)     the person no longer holds, or, for whatever reason, is not performing the duties of, that office;

this Part has effect as if the decision had been made by:

    (c)     the person for the time being holding or performing the duties of that office; or

    (d)     if there is no person for the time being holding or performing the duties of that office or that office no longer exists—such person as the Minister specifies.

Intervention by Attorney-General

"166LJ.(1) The Attorney-General may, on behalf of the Commonwealth, intervene in a proceeding under this Part.

"(2) If the Attorney-General intervenes in a proceeding, the Court may, in the proceeding, make such order as to costs against the Commonwealth as the Court thinks fit.

"(3) If the Attorney-General intervenes in a proceeding he or she is taken to be a party to the proceeding.

Federal Court does not have any other jurisdiction in relation to judicially-reviewable decisions

"166LK.(1) In spite