Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:4_111c
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 4 cl 111C
Character Range: 309753–311300

111C  Stay orders

 (1) This section applies if a proceeding has been instituted:
 (a) in a court having jurisdiction under this Act; or
 (b) before the Registrar under Part VII; or
 (c) before the SSAT under Part VIIA.

 (2) A party to the proceeding may, subject to the Family Law Act 1975:
 (a) in the case of a proceeding instituted in a court—apply to that court for an order under this section; or
 (b) otherwise—apply to a court having jurisdiction under this Act for an order under this section.

 (3) Pending the hearing and final determination of the proceeding, the court may make such orders as the court considers appropriate staying or otherwise affecting the operation or implementation of the Assessment Act and this Act if the court considers that it is desirable to do so, taking into account the interests of the persons who may be affected by the outcome of the proceeding.

 (4) The court may, by order, vary or revoke an order made under subsection (3).

 (5) An order under subsection (3):
 (a) is subject to such terms and conditions as are specified in the order; and
 (b) operates for:
 (i) such period as is specified in the order; or
 (ii) if no period is specified—until a decision of the court, the Registrar or the SSAT determining the proceeding becomes final.

 (6) For the purposes of subparagraph (5)(b)(ii), a decision of the Registrar becomes final at the end of the period within which an application could have been made to the SSAT under Part VIIA, if an application has not been made within that period.