Document ID: chunk:federal_register_of_legislation:C2004A04689:section:1992:p8
Version: federal_register_of_legislation:C2004A04689
Segment Type: section
Provision Reference: s 1992 (pt 8/18)
Character Range: 19087–21878

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 also makes an order under subsection 56(3).

"(10) The Federal Court may vary or revoke an order under subsection (8).

  "(11) In this section:

'normal application and review period' means the period starting when the determination is registered and finishing:

    (a) if the respondent applies in accordance with subsection (5) for a review of the determination—when proceedings on the review are completed or otherwise terminated; or

    (b) in any other case—at the end of the 28th day after the day the determination is registered.

Review of registered determination

"56.(1) This section applies if an application is made to the Federal Court under section 55 for review of a determination.

  "(2) The parties to the review are:

  (a) the applicant; and

     (b) the complainant to the determination, as respondent to the application for review.

"(3) The Court may at any time make an interim order that suspends the operation of the whole or any part of the determination. The order may be made on such conditions, if any, as the Court thinks fit.

"(4) In reviewing the determination, the Court may review all issues of fact and law.

  "(5) A party cannot adduce new evidence without the leave of the Court.

"(6) After reviewing the determination, the Court may make such orders as it thinks fit (including a declaration of right). The orders may confirm a determination that is registered under section 54.

"(7) The Court may dismiss the application for review at any time if it considers that the applicant is not prosecuting the application with due dispatch. The Court may do this either of its own motion or on the application of the respondent.

"Division 4—Review and enforcement of determinations involving
Commonwealth agencies

Application of Division

"57. This Division applies to a determination that is made under section 52 and has an agency, or the principal executive of an agency, as the respondent.

Obligations of respondent agency

"58. If an agency is the respondent to a determination to which this Division applies:

    (a) the agency must not repeat or continue conduct that is covered by a declaration included in the determination under subparagraph 52(1)(b)(i); and

    (b) the agency must perform the act or course of conduct that is covered by a declaration included in the determination under subparagraph 52(1)(b)(ii).

Obligations of principal executive of agency

"59. If the principal executive of an agency is the respondent to a determination to which this Division applies, the principal executive must take