107When Tribunal’s decision on review comes into operation

107 When Tribunal’s decision on review comes into operation

General rule (1) A decision of the Tribunal in the proceeding in relation to the application comes into operation when it is given to the parties to the proceeding. Exception—Tribunal specifies a later date (2) Despite subsection (1), if the Tribunal specifies in a decision that the decision comes into operation at a time after the decision is given to the parties, the decision comes into operation at the specified time. Exception—Tribunal ordered stay of reviewable decision (3) Despite subsections (1) and (2), if an order under section 32 staying or otherwise affecting the operation of: (a) in any case—the reviewable decision; or (b) if the application is a guidance and appeals panel application taken to be made because of the referral of a decision of the Tribunal—the decision affirmed, varied or set aside by the decision of the Tribunal; is in force immediately before the Tribunal makes a decision under section 105 (Tribunal decision on review of reviewable decision) on the application, the operation of the Tribunal’s decision is stayed until: (c) if a relevant appeal is made—the later of the following: (i) the end of the appeal period; (ii) the completion of the relevant appeal; or (d) in any other case—the end of the appeal period. (4) For the purposes of paragraph (3)(c), do not take into account any relevant appeal that is made after the end of the period within which the relevant appeal may be made. (5) Subsection (3) does not apply if the Tribunal’s decision is made in accordance with subsection 103(2) (decision agreed by parties). Exception—Tribunal or court order (6) Despite subsection (3): (a) the Tribunal may order that a decision of the Tribunal comes into operation at a different time; and (b) the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may order that a decision of the Tribunal comes into operation at a different time. Definitions (7) In this section:

completion:

(a) the completion of a court appeal occurs when:
(i) in any case—the court appeal is determined, discontinued, dismissed or disposed of; or
(ii) if a panel appeal is also made and the President refers the Tribunal’s decision to the guidance and appeals panel—the decision of the Tribunal on the guidance and appeals panel application taken to be made because of the referral comes into operation; and
(b) the completion of a panel appeal occurs when:
(i) if the President refers the Tribunal’s decision to the guidance and appeals panel—the decision of the Tribunal on the guidance and appeals panel application taken to be made because of the referral comes into operation; or
(ii) in any other case—the panel appeal is refused.

court appeal means an appeal from the Tribunal’s decision to the Federal Court under Division 2 of Part 7 (appeals on questions of law).