Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:2_128e:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 2 cl 128E (pt 1/2)
Character Range: 214608–217377

128E  Stay of proceedings relating to suspension or cancellation of datacasting transmitter licence

 (1) For the purposes of this section, an eligible decision is:
 (a) a decision under subsection 128C(1) to give a direction requiring the ACA to suspend a datacasting transmitter licence on the grounds that there has been a contravention of the condition of the licence set out in paragraph 109A(1)(h); or
 (b) a decision under subsection 128C(2) to suspend a datacasting transmitter licence in compliance with a direction covered by paragraph (a) of this subsection; or
 (c) a decision under subsection 128D(1) to give a direction requiring the ACA to cancel a datacasting transmitter licence on the grounds that there has been a contravention of the condition of the licence set out in paragraph 109A(1)(h); or
 (d) a decision under subsection 128D(2) to cancel a datacasting transmitter licence in compliance with a direction covered by paragraph (c) of this subsection.

 (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)