Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_57:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 57 (pt 1/2)
Character Range: 172074–174821

57  Stay of proceedings relating to additional licence conditions, remedial directions and suspension/cancellation decisions

 (1) For the purposes of this clause, an eligible decision is:
 (a) a decision under clause 26 to impose or vary a condition of a datacasting licence; or
 (b) a decision to give a direction under clause 53 (which deals with remedial directions); or
 (c) a decision to suspend or cancel a datacasting licence under clause 54.

 (2) An order must not be made under paragraph 15(1)(a) or 15A(1)(a) of the Administrative Decisions (Judicial Review) Act 1977 in relation to an eligible decision if:
 (a) the order has the effect of suspending the operation of the eligible decision for more than 3 months; or
 (b) the order and any previous order or orders made under the paragraph concerned have the combined effect of suspending the operation of the eligible decision for more than 3 months.

 (3) An order must not be made under paragraph 15(1)(b) or 15A(1)(b) of the Administrative Decisions (Judicial Review) Act 1977 in relation to an eligible decision if:
 (a) the order has the effect of staying particular proceedings under the eligible decision for more than 3 months; or
 (b) the order and any previous order or orders made under the paragraph concerned have the combined effect of staying particular proceedings under the eligible decision for more than 3 months.

 (4) If:
 (a) a person applies to the Federal Court under subsection 39B(1) of the Judiciary Act 1903 for a writ or injunction in relation to an eligible decision; and
 (b) an order could be made staying, or otherwise affecting the operation or implementation of, the eligible decision pending the finalisation of the application;
such an order must not be made if:
 (c) the order has the effect of staying, or otherwise affecting the operation or implementation of, the eligible decision for more than 3 months; or
 (d) the order and any previous order or orders covered by paragraph (b) have the combined effect of staying, or otherwise affecting the operation or implementation of, the eligible decision for more than 3 months.

 (5) If:
 (a) a person applies to the Administrative Appeals Tribunal for review of an eligible decision; and
 (b) an order could be made under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 staying, or otherwise affecting the operation or implementation of, the eligible decision;
such an order must not be made if:
 (c) the order has the effect of staying, or otherwise affecting the operation or implementation of, the eligible decision for more than 3 months; or
 (d) the order and any previous order or orders covered by paragraph (b) have the combined effect of staying, or otherwise affecting