Document ID: chunk:federal_register_of_legislation:C2025C00176:section:61cze
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 61CZE
Character Range: 187185–188845

61CZE  Operation etc. of decision subject to appeal
 (1) Subject to this section, the institution of an appeal to the Federal Court from a decision of the ART 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 ART, 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 ART or a part of that decision;
 (b) the decision to which the proceeding before the ART 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 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 V—Australian Defence Force Cadets