Document ID: chunk:federal_register_of_legislation:C2004A04689:section:1992:p7
Version: federal_register_of_legislation:C2004A04689
Segment Type: section
Provision Reference: s 1992 (pt 7/18)
Character Range: 16514–19310

as practicable after the determination is made, the Commissioner must lodge the determination in a Registry of the Federal Court.

"(3) Upon lodgment of the determination, a Registrar must register the determination. In this subsection, 'Registrar' has the same meaning as in section 35A of the Federal Court of Australia Act 1976.

"(4) Within 7 days after the determination is registered, the Commissioner must give written notice of the registration to the complainant and respondent to the determination. The notice must specify the date of registration and must include a copy of the determination.

Registered determination has effect as an order of the Federal Court

"55.(1) Upon registration of a determination under section 54, the determination has effect as if it were an order made by the Federal Court, but subject to the following provisions.

"(2) In addition to binding the complainant and respondent to the determination, the determination applies as follows to each class member who is described or identified in the determination as mentioned in section 53:

  (a) the class member is bound by the determination; and

  (b) the class member may take action to enforce the determination.

"(3) No action to enforce the determination may be taken before the end of the normal application and review period.

"(4) A failure by the respondent, during the normal application and review period, to comply with a positive requirement of the determination is not a contravention of the determination.

"(5) The respondent to a registered determination may apply to the Federal Court for review of the determination.

"(6) Subject to subsection (7), the respondent's application for review must be made before the end of 28 days after the day the determination is registered.

"(7) After those 28 days, the respondent may apply for review only with the leave of the Federal Court. The Court may grant leave only in exceptional circumstances.

"(8) If the Court grants leave, it may make one or more of the following orders:

    (a) an order prohibiting action, or further action, to enforce the determination during a specified period ending no later than when proceedings on the review are completed or otherwise terminated;

    (b) an order staying, for such a period, action to enforce the determination that has already begun;

    (c) an order that failure to comply, during such a period, with specified positive requirements of the determination is not a contravention of the determination;

    (d) an order that a past failure to comply, during such a period, with such requirements is taken never to have been such a contravention.

  "(9) The Court may make an order under subsection (8):

  (a) on such conditions, if any, as it thinks fit; and

  (b) whether or not it